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TIME WARNER TELECOM OF OREGON v. CITY OF PORTLAND

No. CV 04-1393-PA, CV 05-1386-PA.

452 F.Supp.2d 1084 (2006)

TIME WARNER TELECOM OF OREGON, LLC, and Qwest Communications Corp., Plaintiffs, v. THE CITY OF PORTLAND, Defendant. Qwest Corp., Plaintiff, v. The City Of PORTLAND, Defendant.

United States District Court, D. Oregon.

March 8, 2006.

Attorney(s) appearing for the Case

Arthur A. Butler, Ater Wynne, LLP, John H. Ridge, David R. Goodnight, Maren R. Norton, Stoel Rives, LLP, Seattle, WA, Mark A. Turner, Ater Wynne, LLP, Alex M. Duarte, Qwest Communications, Brad S. Daniels, Stoel Rives, LLP, Portland, OR, Cynthia A. Mitchell, Hogan & Hartson, LLP, Boulder, CO, Peter S. Spivack, Hogan & Hartson, LLP, Washington, DC, for Plaintiffs.

Benjamin E. Walters, City of Portland City Attorney's Office, Terence L. Thatcher, City Attorney's Office, Portland, OR, Joseph L. Van Eaton, Miller & Van Eaton, PLLC, Washington, DC, for Defendant.

OPINION

PANNER, District Judge.

Plaintiffs Time Warner Telecom of Oregon (TWT), and Qwest Communications Corp. (QCC) sell telecommunications services in Oregon. Plaintiffs have franchise agreements with the City of Portland (the City) that permit plaintiffs to install and operate telecommunications systems in City streets.

In this action against the City, plaintiffs claim that their franchise agreements violate federal telecommunications law. Plaintiffs...

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