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Public Utilities : Ordinance Charges – Public Right Of Way – Preemption
Stephanie Maniscalco//July 25, 2018
Public Utilities : Ordinance Charges – Public Right Of Way – Preemption
Stephanie Maniscalco//July 25, 2018
Where wire-line telecommunications carriers contested a city ordinance that charged them for their use of public rights-of-way, the Telecommunications Act did not preempt the ordinance, but the judgment is vacated and remanded for additional findings of fact consistent with Iowa law.
Affirmed in part; vacated; remanded.
Quest Corporation v. City of Des Moines (MLW No. 71889/Case No. 17-1257 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Southern District of Iowa, Wolle, J. (Thomas W. Snyder, Denver, argued for appellant; Kathryn E. Jones and Tiffanie D. Stasiak appeared on the brief) (John O. Haraldson, Des Moines, Iowa, argued for appellee; Thomas G. Fisher appeared on the brief).
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