United States Eighth Circuit

In a Telecommunications Act challenge to an order issued by the Nebraska Public Service Commission setting the rates that competitors must pay to lease elements of plaintiff's local telephone network in Nebraska, judgment for defendant is affirmed in part where: 1) plaintiff did not show that the Commission's deaveraging method violated the general requirements set out in 47 C.F.R. section 51.507(f); and 2) plaintiff's claim that the Commission's order would discourage all competition in out-of-town areas lacked merit. However, the matter is remanded where the Commission invited the court to remand for further proceedings concerning how plaintiff would implement its order.

Appellate Information

• Decided 12/29/2009
• Published 12/29/2009

Judges

• GRUENDER, Circuit Judge., Before RILEY, HANSEN and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Michael Devaney, argued, Washington, DC, for appellant.


• For Appellees:
  
• Leonard Jay Bartel, AAG, argued, Lincoln, NE, for appellee.