DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171257P.pdf 07/17/2018 Qwest Corporation v. City of Des Moines, Iowa
U.S. Court of Appeals Case No: 17-1257
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Kelly, Author, with Benton and Stras, Circuit Judges]
Civil case - Federal Telecommunications Act. In this action by wire-line
carriers challenging the City of Des Moines' adoption of a new fee
schedule for right-of-way access, the City's ordinance is not preempted by
the Telecommunications Act; it is not clear, however, whether the
construction costs associated with the fees are management costs which the
City can impose consistent with Iowa Code 480A, and the matter is remanded
to the District Court to make additional findings of fact and to apply the
legal standard set out in this opinion.