CITY OF EUGENE v. COMCAST OF OREGON II, INC.

(CC 160803280; CA A147114; SC S062816).

375 P.3d 446 (2016)

359 Or. 528

CITY OF EUGENE, an Oregon municipal corporation, Respondent on Review, v. COMCAST OF OREGON II, INC., an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon.

May 26, 2016.


Attorney(s) appearing for the Case

Peter Karanjia , Davis Wright Tremaine LLP, Washington DC, argued the cause and filed the briefs for petitioner on review. With him on the briefs were Gregory A. Chaimov and Mark P. Trinchero , Portland.

Susan Marmaduke , Harrang Long Gary Rudnick PC, Portland, argued the cause and filed the briefs for respondent on review. With her on the brief were Jerome Lidz , Sivhwa Go , Eugene, and the City of Eugene.

Lisa Rackner , McDowell Rackner & Gibson PC, Portland, filed the brief for amici curiae Oregon Cable Telecommunications Association, American Cable Association, National Cable & Telecommunications Association, Oregon Telecommunication Association, Washington Independent Telecommunications Association, Oregon Business Association, and Associated Oregon Industries. With her on the brief were Eric S. Tresh and Robert P. Merten, III , Sutherland Asbill & Brennan LLP, Atlanta, Georgia, Richard A. Finnigan , Olympia, Washington, and Thomas W. Brown , Cosgrave Vergeer Kester, Portland.

Nancy L. Werner , Beery, Elsner & Hammond LLP, Portland, filed the brief on the merits for amicus curiae League of Oregon Cities.

Christy K. Monson , Speer Hoyt LLC, Eugene, filed the brief on the merits for amici curiae National Association of Telecommunications Officers and Advisors and Washington Association of Telecommunications Officers and Advisors. With her on the brief was Joseph Van Eaton , Best Best & Krieger LLP, Washington, DC.

Scott A. Shorr and Mark L. Friel , Stoll Stoll Berne Lokting & Shlachter PC, Portland, filed the briefs on the merits and in support of the petition for review for amicus curiae Broadband Tax Institute.

Roy Pulvers , Holland & Knight LLP, Portland, filed the brief in support of the petition for review for amici curiae Oregon Cable Telecommunications Association, American Cable Association and National Cable & Telecommunications Association.

Richard A. Finnigan , Olympia Washington, filed the brief in support of the petition for review for amici curiae Oregon Telecommunications Association, NTCA The Rural Broadband Association and Washington Independent Telecommunications Association.

Before Balmer, Chief Justice, Kistler, Brewer, Baldwin and Nakamoto, Justices.


Through this action, the City of Eugene (the city) attempts to collect from Comcast of Oregon II, Inc. (Comcast) a license fee that the city, acting under a municipal ordinance, imposes on companies providing "telecommunications services" over the city's rights of way. Eugene City Code (ECC...

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