Qwest Corp. v. Utah Telecommunications Open Infrastructure Agency

ORDER GRANTING MOTION TO DISMISS UTOPIA’S COUNTERCLAIMS AND DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

CASSELL, District Judge.

In this lawsuit, plaintiff Qwest Corporation claims that 47 U.S.C. § 253, the Federal Telecommunications Act (“FTA”), preempts Utah Code Ann. § 59-12-104(2) and Article XIII, § 3 of the Utah Constitution because they extend tax-exempt status to defendant UTOPIA and thereby allow UTOPIA to offer telecommunications services at low prices. Defendant UTOPIA has filed six counterclaims against Qwest. Five of these (numbers one through four and seven) relate to Qwest’s…