City of Auburn v. Qwest Corp.

ORDER

The Opinion filed April 24, 2001 [ 247 F.3d 966 ] is amended as follows:

1. At 247 F.3d at 980, section II.C.l, second paragraph: Replace sentence reading: “A number of courts have held that various requirements imposed by local ordinances constitute a prohibition within the meaning of § 253(a).” with “A number of courts have held that certain requirements imposed by local ordinances constitute a prohibition within the meaning of § 253(a).”

2. At 247 F.3d at 981, section II.C.l, third paragraph: Replace sentence read *1165 ing: “The ordinances at issue in the present case include several features that have the effect of prohibiting the provision of telecommunications services.” with “The ordinances at issue in the present case include several features that, in combination, have the effect of prohibiting the provision of telecommunications services.”

3. At 247 F.3d at 981, section II.C.l, third paragraph: Delete sentence reading: “The Counterclaim Cities require application fees ranging from an undetermined amount (in Olympia) [FN 10] to $2,500 in Auburn and $5000 (in Des Moines and Tacoma).”

4. Delete footnote 10.

5. At 247 F.3d at 981, section II.C.l, fourth…