Qwest Communications Inc. v. City of Berkeley

The City of Berkeley appeals the district court’s summary judgment ruling that its Interim Telecommunication Carriers Ordi nance is preempted by the Federal Telecommunications Act of 1996 (“Act”). The district court ruled that the Interim Telecommunication Carriers Ordinance is preempted by the Act because the ordinance imposed an onerous burden on telecommunications providers seeking entry into the telecommunications market in Berkeley. The court held also that the ordinance is not saved by the Act’s “safe harbor” clause because the regulations that create this prohibiting effect do not merely regulate the City of Berkeley’s public rights-of-way but regulate the telecommunications companies themselves. We come to the same conclusions as the district court and, therefore, AFFIRM the district court’s judgment.

I

BACKGROUND

In 1996, Congress passed the Federal Telecommunications Act. The full title of the Act is “An act to promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunication technologies.” As indicated by the title, the purpose of…