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LuxSit,

I don't think they are even sure there has been an infringement over the rights of way. The ordinance looks deliberately vague. It looks as if AT&T may have jumped the gun in some way, but I don't know what the TCG affiliate does. I'm reasonably sure that this is a non-issue.

The other really interesting argument against the Council/commission is that by invoking a requirement for competition, they have gone far beyond a review of the "technical, legal, and financial qualifications" of the transferee. Clause 3 of the ordinance defines the scope of the terms and conditions upon which the City may condition a transfer, and this does not provide for the resolution of commercial or competitive issues.

The quotes about AT&T's legal challenge indicate that this will be the basis of their case in court - if it ever gets there.

Here's hoping it won't.

BTW, not an Attorney. I'm a project manager in IT, and I do a lot a crawling through contracts and drafts in different countries.
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