Qwest Corporation v. City of Tucson

TROTT, Circuit Judge:

OVERVIEW

Qwest Corporation (Qwest) appeals the district court’s grant of summary judgment in favor of City of Tucson, City of Miami, City of Globe, and City of Nogales (collectively “the Cities”). Qwest contends that the Cities’ telecommunications licensing and franchise ordinances are preempted by § 253 of the Federal Telecommunications Act of 1996(the FTA). Qwest argues also that the Cities charge an improper rental fee for use of the Cities’ rights-of-way. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we disagree with Qwest. The Cities’ subsequent amendments to…