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QWEST CORP. v. CITY OF PORTLAND

Civil No. 01-1005-JE.

200 F.Supp.2d 1250 (2002)

QWEST CORPORATION, a Colorado corporation, Plaintiff, v. CITY OF PORTLAND, an Oregon municipal corporation, Defendant, The City of Ashland, an Oregon municipal corporation; The City of Happy Valley, an Oregon municipal corporation; The City of Keizer, an Oregon municipal corporation; The City of North Plains, an Oregon municipal corporation; The City of Pendleton, an Oregon municipal corporation; The City of Redmond, an Oregon municipal corporation; The City of Salem, an Oregon municipal corporation; The City of Springfield, an Oregon municipal corporation, Defendants in Intervention.

United States District Court, D. Oregon.

March 22, 2002.

Attorney(s) appearing for the Case

Lawrence Reichman, John P. Nusbaum, Perkins Coie LLP, Portland, OR, David R. Goodnight, Yana D. Koubourlis, Dorsey & Whitney LLP, Seattle, WA, for Plaintiff.

Pamela J. Beery, Paul C. Elsner, Beery & Elsner LLP, Portland, OR, Kenneth A. Wittenberg, Portland, OR, for Cities of Ashland, Happy Valley, Keizer, North Plains, Pendleton, Redmond, Salem and Springfield.

Jeffrey Rogers, Benjamin Walters, Office of City Attorney, Portland, OR, Carl R. Neil, Jay W. Beattie, Lindsay, Hart, Neil & Weigler LLP, Portland, OR, Nicholas P. Miller, Joseph Van Eaton, Miller & Van Eaton, P.L.L.C., Washington, DC, for City of Portland.

William F. Gary, Jerome Lidz, Linda J. Kessel, Harrang Long Gary Rudnick, P.C., Eugene, OR, for Intervenor City of Eugene.

OPINION AND ORDER

JELDERKS, United States Magistrate Judge.

Plaintiff Qwest Corp. claims that the Federal Telecommunications Act of 1996, 47 U.S.C. § 253, prohibits Oregon cities from collecting a percentage of Qwest's revenues in exchange for Qwest's use of public rights of way. The defendants are the Cities of Ashland, Eugene, Happy Valley, Keizer, North Plains, Pendleton, Portland, Redmond, Salem, and Springfield (the Cities). The Cities counterclaim...

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