Qwest Corporation v. City of Santa Fe
Court of Appeals for the Tenth Circuit
1Opinion of the Court
*1262MURPHY, Circuit Judge.
I. INTRODUCTION
The City of Santa Fe, a political subdivision of the State of New Mexico, adopted an ordinance (the “Ordinance”) which established new procedures for telecommunications providers seeking access to city-owned rights-of-way. Qwest Corporation (“Qwest”) provides telecommunications services in Santa Fe and utilizes the rights-of-way. Qwest brought suit in federal district court seeking a declaration that the Ordinance is preempted by state and federal law, an injunction to prevent the enforcement of the Ordinance, and attorney’s fees. Qwest argued that the…
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