Qwest Communications Corp. v. City of Berkeley

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND CLAIM FOR RELIEF

On November 9, 2001, the Court heard argument on defendants’ motion to dismiss plaintiffs second claim for relief. Having carefully considered the arguments of the parties and the papers submitted, the Court hereby GRANTS defendants’ motion to dismiss for the reasons set forth below.

BACKGROUND

Plaintiff Qwest Communications Corporation (“Qwest”) is a telephone company defined as a public utility under California Public Utilities Code § 216. First Amended Complaint (“FAC”) ¶ 4. The California Public Utilities Commission (“PUC”) has granted Qwest certificates of public convenience and necessity (“CPCN”) to provide interexchange, or long distance, telecommunication services. Id. Qwest provides broadband Internet-based data, voice and image connectivity to businesses, consumers and other communications service providers. Id. at ¶ 28.

In December 1999, Qwest won a competitive bidding process and entered into a government contract to provide faster and expanded telecommunications capacity to the Lawrence Berkeley National Laboratory (“LBN Laboratory”). Id. at ¶30. LBN Laboratory is the technical…