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CITY OF EUGENE v. COMCAST OF OREGON II

160803280; A147114.

333 P.3d 1051 (2014)

263 Or. App. 116

CITY OF EUGENE, an Oregon municipal corporation, Plaintiff-Appellant, v. COMCAST OF OREGON II, INC., an Oregon corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 21, 2014.

Attorney(s) appearing for the Case

Susan D. Marmaduke argued the cause for appellant. With her on the briefs were William F. Gary , Sivhwa Go , Jona Maukonen , and Harrang Long Gary Rudnick PC.

Timothy R. Volpert argued the cause for respondent. With him on the briefs was Davis Wright Tremaine LLP.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.

SCHUMAN, S.J.

This case involves a dispute between the City of Eugene and Comcast of Oregon II, Inc. (Comcast) over whether the city can impose certain fees on revenue that Comcast earned by providing broadband Internet service in Eugene. According to the city, Comcast's broadband Internet service is a "telecommunications service" under the city's telecommunications ordinance, and the city is therefore entitled to collect a two-percent registration fee and seven-percent...

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