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QWEST CORP. v. CITY OF PORTLAND

No. 02-35473.

385 F.3d 1236 (2004)

QWEST CORPORATION, a Colorado corporation, Plaintiff-Appellant, v. CITY OF PORTLAND, an Oregon municipal corporation, Defendant-Appellee, City of Happy Valley; City of Keizer; City of North Plains; City of Pendleton; City of Redmond; City of Salem; City of Eugene; City of Springfield; City of Ashland, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2004.

Attorney(s) appearing for the Case

David Goodnight, Stoel Rives LLP; Seattle, WA, Yana D. Koubourlis, Dorsey & Whitney LLP, Seattle, WA; Patrick Lynch, Emily Brubaker, O'Melveny & Myers LLP, Los Angeles, CA; Roy Adkins, Qwest Corporation, Denver, CO, for plaintiff-appellant Qwest Corporation.

Jeffery L. Rogers, Portland City Attorney, Harry Auerbach, Deputy City Attorney, Portland, OR; Nicholas Miller, Joseph Van Eaton, William Malone, Miller & Van Eaton, P.L.L.C, Washington, DC, for defendant-appellee City of Portland.

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

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

Before ALARCON, FERGUSON, and RAWLINSON, Circuit Judges.

Opinion by Judge Rawlinson; Concurrence by Judge Ferguson.

RAWLINSON, Circuit Judge:

Qwest Corporation (Qwest), a telecommunication provider, appeals the district court's summary judgment in favor of the City of Portland and other Oregon cities (Cities), who intervened in the action. Qwest contends that the Federal Telecommunications Act of 1996(FTA), 47 U.S.C. § 253, preempts the municipal ordinances pursuant to which the franchise fees were assessed...

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