Legal Opinion

City of Chattanooga v. BellSouth Telecommunications, Inc.

District Court, E.D. Tennessee

Decided January 26, 1998No. 1:96-cv-00351PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM

EDGAR, District Judge.

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Background

The City of Chattanooga, Tennessee (“City”) on February 6, 1996, enacted its Ordinance No. 10377. This Ordinance requires that providers of telecommunications services desiring to install cable and other equipment on City rights-of-way must obtain a franchise from the City by paying a $750.00 application fee and by paying a “franchise fee” of five percent of gross revenue derived from services provided within the City. The Ordinance also requires franchised providers to furnish the City for its exclusive use an underground duct (with underground…

2Cases cited30 opinions

  1. Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
  2. Great Lakes Dredge & Dock Co. v. HuffmanSupreme Court of the United States · 1943
  3. Tafflin v. LevittSupreme Court of the United States · 1990
  4. Gulf Offshore Co. v. Mobil Oil Corp.Supreme Court of the United States · 1981
  5. Rosewell v. LaSalle National BankSupreme Court of the United States · 1981

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3Cited by10 opinions

  1. The City of Rome, New York v. Verizon Communications Inc.Court of Appeals for the Second Circuit · 2004
  2. Qwest Corp. v. City of SurpriseCourt of Appeals for the Ninth Circuit · 2006
  3. Thrope v. State of OhioDistrict Court, S.D. Ohio · 1998
  4. El Paso Electric Co. v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2010
  5. Alachua County v. StateSupreme Court of Florida · 1999

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