CITY OF CHATTANOOGA, TENNESSEE, Plaintiff,
v.
BELLSOUTH TELECOMMUNICATIONS, INC.; MCI Metro Access Transmission Services, Inc.; American Communication Services of Chattanooga, Inc.; and TCG Midsouth, Inc., Defendants.
United States District Court, E.D. Tennessee.https://leagle.com/images/logo.png
January 26, 1998.
January 26, 1998.
Attorney(s) appearing for the Case
William S. Parker, Jr., Nelson, McMahan, Parker & Noblett, Chattanooga, TN, for City of Chattanooga.
Robert G. Norred, Jr., Robert J. Boehm, Spears, Moore, Rebman & Williams, Chattanooga, TN, Fred A. Walters, BellSouth, Inc., Atlanta, GA, Bennett L. Ross, BellSouth Telecommunications, Inc., Nashville, TN, J. Henry Walker, IV, BellSouth Telecommunications, Inc., Atlanta, GA, for BellSouth Telecommunications, Inc.
H. Frederick Humbracht, Jr., Boult, Cummings, Conners & Berry, Nashville, TN, Byron R. Trauger, P. Gregory Mitchell, Doramus, Trauger & Ney, Nashville, TN, Thomas P. O'Neil, III, MCI Communications Corporation, Washington, DC, Anthony C. Epstein, David A. Handzo, Jenner & Block, Washington, DC, for MCI Metro Access Transmission Services, Inc.
C. Crews Townsend, Leah M. Gerbitz, Miller & Martin, Chattanooga, TN, Riley M Murphy, American Communication Services of Chattanooga, Inc., Annapolis Junction, MD, for American Communications Services of Chattanooga, Inc.
Hugh J. Moore, Jr., Douglas E. Peck, Witt, Gaither & Whitaker, P.C., Chattanooga, TN, for Teleport Communications Group, Inc., TCG Midsouth, Inc.
L. Kenneth McCown, City of Memphis Law Department, Deputy City Attorney, Memphis, TN, for City of Memphis, Tennessee.
United States District Court, E.D. Tennessee.
MEMORANDUM
EDGAR, District Judge.
I.
Background
The City of Chattanooga, Tennessee ("City") on February 6, 1996, enacted its Ordinance No. 10377. This Ordinance requires that providers of telecommunications services desiring to install cable and other equipment on City rights-of-way must obtain a franchise from the City by paying a $750.00 application fee and by paying a "franchise fee" of five percent of gross revenue...
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