Level 3 Communications, L.L.C. v. City of St. Louis

BEAM, Circuit Judge.

In this licensing dispute with the City of Saint Louis, Level 3 appeals, challenging, among other things, the district court’s 1 denial of Level 3’s motion to reopen discovery and the court’s grant of summary judgment in the City’s favor on the City’s claim that neither the license agreement between the parties nor St. Louis City Revised Code Chapter 23.64 (the city ordinance) prohibits or effectively prohibits Level 3’s ability to provide telecommunication services under 47 U.S.C. § 253(a). We affirm.

I. BACKGROUND

A. First Appeal

In 2004, Level 3 sued the City claiming that…