Pacific Bell Telephone Co. v. City of Walnut Creek

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND/OR TO ABSTAIN

Before the Court is the motion filed February 27, 2006 by defendants City of Walnut Creek and the City Council of the City of Walnut Creek (jointly, “City”) seeking dismissal, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, and/or abstention. Plaintiff Pacific Bell Telephone Company, doing business as AT & T California (“AT & T”) has filed opposition to the motion; the City has filed a reply. Having considered the papers filed in support of and in opposition to the motion, and the arguments of counsel at the April 7, 2006 hearing, the Court rules as follows.

BACKGROUND

In October 2004, AT & T announced plans to implement a project, titled “Project Lightspeed,” to upgrade its telecommunications network. (See Compl. ¶ 20.) AT & T alleges the upgrades under Project Lightspeed will allow it to provide new and improved services to its customers, including “Internet Protocol (TP’)-based video services.” (See id. ¶¶ 1, 21.)

On June 7, 2005, AT & T submitted to the City an application for an encroachment permit to perform upgrades to its network under Project Lightspeed. (See id. ¶24.) In particular, AT…