GST Tucson Lightwave, Inc. v. City of Tucson

OPINION

PELANDER, Presiding Judge.

I. FACTS AND PROCEDURAL BACKGROUND

Plaintiff GST Tucson Lightwave (Light-wave) provides telephone services in competition with local telephone companies. Generally, access to long distance carriers is provided by the local telephone company. Lightwave, a competitive access provider, uses fiberoptic cable to provide digital communications between a customer and a long distance carrier.

In July 1994, the City of Tucson granted Lightwave a 25-year non-exclusive license to install fiberoptic cable for the purpose of providing long distance telecommunication service…