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QWEST COMMUNICATIONS INC. v. CITY OF BERKELEY

No. 03-15852.

433 F.3d 1253 (2006)

QWEST COMMUNICATIONS INC., Plaintiff-Appellee, v. CITY OF BERKELEY; City Council of Berkeley; Weldon Rucker, in his official capacity as Acting City Manager of the City of Berkeley; Phil Kamlarz, in his official capacity as Deputy City Manager of the City of Berkeley, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2006.

Attorney(s) appearing for the Case

Jeffrey T. Melching, Rutan & Tucker, LLP, Costa Mesa, CA, for the defendants-appellants.

David R. Goodnight, Stoel Rives, LLP, Seattle, WA, for the plaintiff-appellee.

John H. Ridge, Stoel Rives, LLP, Seattle, WA, for the plaintiff-appellee.

Before: TROTT, T.G. NELSON, and PAEZ, Circuit Judges.

TROTT, Circuit Judge:

The City of Berkeley appeals the district court's summary judgment ruling that its Interim Telecommunication Carriers Ordinance is preempted by the Federal Telecommunications Act of 1996 ("Act"). The district court ruled that the Interim Telecommunication Carriers Ordinance is preempted by the Act because the ordinance imposed an onerous burden on telecommunications providers seeking entry into the...

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