Qwest Communications Inc. v. City of Berkeley

433 F.3d 1253 QWEST COMMUNICATIONS INC., Plaintiff-Appellee, v. CITY OF BERKELEY; City Council of Berkeley; Weldon Rucker, in his official capacity as Acting City Manager of the City of Berkeley; Phil Kamlarz, in his official capacity as Deputy City Manager of the City of Berkeley, Defendants-Appellants. No. 03-15852. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 6, 2005. Filed January 12, 2006. Jeffrey T. Melching, Rutan & Tucker, LLP, Costa Mesa, CA, for the defendants-appellants. David R. Goodnight, Stoel Rives, LLP, Seattle, WA, for the plaintiff-appellee. John H. Ridge, Stoel Rives, LLP, Seattle, WA, for the plaintiff-appellee. Appeal from the United States District Court for the Northern District of California; Susan Yvonne Illston, District Judge, Presiding. D.C. No. CV-01-00663-SI. Before: TROTT, T.G. NELSON, and PAEZ, Circuit Judges. TROTT, Circuit Judge: 1 The City of Berkeley appeals the district court's summary judgment ruling that its Interim Telecommunication Carriers Ordinance is preempted by the Federal Telecommunications Act of 1996 ("Act"). The district court ruled that the Interim Telecommunication Carriers Ordinance is…