TIME WARNER TELECOM OF OREGON v. CITY OF PORTLAND

Nos. CV 04-1393-PA, CV 05-1386-PA.

452 F.Supp.2d 1103 (2006)

TIME WARNER TELECOM OF OREGON, LLC, and Qwest Communications Corp., Plaintiffs, v. The CITY OF PORTLAND, Defendant. Qwest Corp., Plaintiff, v. The City of Portland, Defendant.

United States District Court, D. Oregon.

May 10, 2006.


Attorney(s) appearing for the Case

Arthur A. Butler, Ater Wynne, LLP, John H. Ridge, David R. Goodnight, Maren R. Norton, Stoel Rives, LLP, Seattle, WA, Mark A. Turner, Ater Wynne, LLP, Alex M. Duarte, Qwest Communications, Brad S. Daniels, Stoel Rives, LLP, Portland, OR, Cynthia A. Mitchell, Peter S. Spivack, Hogan & Hartson, LLP, Washington, DC, for Plaintiffs.

Benjamin E. Walters, Terence L. Thatcher, City of Portland City Attorney's Office, Portland, OR, Joseph L. Van Eaton, Miller & Van Eaton, PLLC, Washington, DC, for Defendant.


OPINION

PANNER, District Judge.

Plaintiff Qwest Corp. (Qwest) sells telecommunications services in Oregon. Qwest has a temporary revocable permit with the City of Portland (the City) that allows Qwest to install and operate telecommunications systems in City streets.

In this action against the City, Qwest claims that the City's operation of a fiber optic network, the Integrated Regional Network Enterprise (IRNE), violates federal law, and that the...

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