Pacific Gas & Electric Co. v. City of Union City
Opinion
Opinion
Walker, J.
ORDER
Pacific Gas and Electric (PG & E) challenges Union City’s and City and County of San Francisco’s (CCSF) street damage restoration fees on nmnerous grounds. In related actions, Television Signal Corporation (TSC) and TCI American Cable Holdings, II, LP (TCI), cable operators for CCSF and Union City, respectively, also challenge the street damage restoration fees. At issue are Union City’s “trench cut fee,” U.C. Mun. Code, § 12.08.275, and CCSF’s “street damage restoration fee,” S.F. Pub. Works Code, § 2.4.44. Plaintiffs allege that both fees unconstitutionally impair their franchises with defendants Union City and CCSF.
The complaints in these related actions are substantially similar. All plaintiffs allege:
Both TSC and TCI have also alleged violation of 47 U.S.C. § 542 , which makes certain excessive fees levied against cable operators illegal. See TSC Compl. (Doc. # 00-2311:1) at ¶¶ 68-71; TCI SAC (Doc. # 99-1979:14) at ¶¶ 57-60.
Plaintiffs move for partial summary judgment on their Contract Clause claims. See Docs. ##99-1805:74, 99-1979:30-1, 99-2071:83, 00-2311:18-1. TSC and TCI also move for summary judgment on their claims under 47 U.S.C. § 542 . See Docs. ##…