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AT & T COMMUNICATIONS v. CITY OF EUGENE

16-98-12672; A105861

35 P.3d 1029 (2001)

177 Or. App. 379

AT & T COMMUNICATIONS OF THE PACIFIC NORTHWEST, INC., a Washington corporation, and AT & T Wireless Services of Oregon, Inc., a Nevada corporation, Respondents, v. CITY OF EUGENE, an Oregon municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for appellant. With him on the briefs were Linda J. Kessel, Eugene, and Harrang Long Gary Rudnick P.C.

Stephen F. Crew, Portland, and Howard J. Symons argued the cause for respondents. With them on the brief were T. Chad Plaster, Ramis Crew Corrigan & Bachrach, LLP, and Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Washington, DC.

Zachary W.L. Wright, Kristin Hazard Hamilton, Portland, and Tonkon Torp LLP, filed a brief amicus curiae for Oregon Telecommunications Association.

Sandra L. Arp filed a brief amicus curiae for League of Oregon Cities.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

At issue in this case is the validity of a City of Eugene (city) ordinance that imposes various fees and regulatory requirements on telecommunications providers that offer telecommunications services in the city. AT & T Communications of the Pacific Northwest, Inc. (AT & T Communications), and AT & T Wireless Services of Oregon, Inc. (AT & T Wireless), complain that the ordinance is preempted by state and federal law. The trial court agreed...

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