United States Eighth Circuit

A judgment affirming in part and reversing in part two rulings from the Nebraska Public Service Commission is affirmed where: 1) local dialing parity is consistent with tandem routing and consistent with the Telecommunications Act, and the Commission erred as a matter of law when it approved contract language that excused an incumbent local exchange carrier from certain local dialing parity obligations; 2) the Commission did not act arbitrarily or capriciously when it set the reciprocal compensation rate or the effective date for interim compensation; and 3) the Commission erred when it failed to make interim compensation symmetrical as required by 47 C.F.R. section 51.715.

Appellate Information

• Decided 08/23/2006
• Published 08/23/2006

Judges

• MELLOY, Circuit Judge., Before MELLOY, COLLOTON and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul M. Schudel, argued, Lincoln, NE. (James A. Overcash, Lincoln, NE, on the brief), for appellant.


• For Appellees:
  
• Philip R. Schenkenberg, argued, Minneapolis, MN (Steven G. Seglin, Lincoln, NE, on the brief), for appellee.