Eighth Circuit: Qwest Corporation v. City of Des Moines, Iowa

Locality's regulation of telecommunication carriers' cable rights of way is not preempted by the federal statute, since the local regulation does not bar any market participants from the local market.

Locality's fees are permitted under state law where they are actually incurred by the carrier's actions and a reasonable regulation of the market.

http://media.ca8.uscourts.gov/opndir/18/07/171257P.pdf