Subject: [NEXTEL-1] Legislator's Bill Would Benefit His Law Clients

From: Marcelrf <[email-masked]>
Date: Tue, 16 Mar 2004 02:59:37 -0500

Legislator's Bill Would Benefit His Law Clients
By Paul Schwartzman
Washington Post Staff Writer
Thursday, March 11, 2004; Page B01

As a lawyer, John A. Giannetti Jr. represents giant telecommunications
providers such as Sprint, Nextel and Verizon.
In his other life, as a Maryland state senator, Giannetti (D-Prince
George's) is sponsoring legislation that would potentially limit the
authority of counties to regulate the installation of cell phone towers.

While Giannetti's bill may be good news for his clients at the firm of
Jackson & Campbell, it has raised questions that will be reviewed by the
General Assembly's ethics committee.

Maryland law allows legislators to sponsor bills that could directly
help them and their employers, as long as the people or companies
affected include a large enough population with no connection to the
lawmaker.

In cases in which a lawmaker has personal ties to entities that could
benefit from the legislation, the matter "is probably going to be given
greater scrutiny," said William Somerville, a lawyer for the ethics
committee. The panel reviews the case of any lawmaker who files a
disclaimer statement disavowing a conflict of interest.

Giannetti, who filed a disclaimer last week listing his clients, said in
a telephone interview that the General Assembly consists of part-time
legislators who use their professional expertise to write laws.

"I'm well within ethical bounds," he said. "We are a citizen
legislature. We look for people with expertise to draft bills. I have
expertise in the telecommunications industry, and the state can
benefit."

Furthermore, Giannetti said, the legislation, if passed, could harm his
law firm's practice, because telecommunications companies would no
longer need representation before local review boards.

"The effect would be to lessen the need for the law firm," he said. "I'm
actually hurting the prospects of the firm."
James Browning, executive director of Maryland Common Cause, said
Giannetti should withdraw the legislation.

"It would be wrong for the senator to vote this bill, let alone be the
sole sponsor, based on the boon it would be for his clients," Browning
said. "It would make it easier for them to do business, and for that
reason, it's inappropriate for him to sponsor it."
As for Giannetti's contention that the bill would reduce his law firm's
activity, Browning said: "That's disingenuous. They can always come to
him for other matters. He will have done them a big favor with this
bill."

The proliferation of cell phone towers -- otherwise known as monopoles
-- has been a source of contention between telecommunications providers
and local governments, which seek to juggle the often-competing agendas
of improving cellular service and preserving scenery. Giannetti's
legislation would potentially limit the authority of local boards to
regulate the towers if they are encased in flagpoles of up to 150 feet.
In effect, the proposal would require the localities to treat the
monopoles as if they were flagpoles.

"If you're allowed to have a flagpole, this would allow you to put a
telecommunications system inside and not subject you to further zoning,"
Giannetti said.

Cary Hinton, Sprint's regional director for state and local government
affairs, testified in behalf of the bill in Annapolis and said it has
the broad support of the wireless industry because it would reduce what
could be a time-consuming and costly review process. "We would not have
to go through rezoning processes that otherwise would apply," he said.
In most locales, he said, a building permit is all that's needed to
erect a flagpole.

Dan Bliden, executive director of the Maryland Association of Counties,
said the organization opposes the legislation because "it's a way to
circumvent local zoning by creating a unique flagpole."

State Sen. Paul G. Pinsky (D-Prince George's), a member of the
Education, Health and Environmental Affairs Committee, which has
reviewed the legislation, called the bill "ill-conceived because it
removes local zoning authority."
"It's a hustle," Pinsky said. "It removes county and municipality
authority over zoning of these towers with one fell swoop of the pen."

But Giannetti said the local boards could still assert their authority.
"Whatever the regulations are for flagpoles," he said, "the individual
jurisdictions can decide on that for themselves."

http://www.washingtonpost.com/wp-dyn/articles/A48020-2004Mar10.html

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