United States Ninth Circuit
Western Radio Services Co. v. Qwest Corp., 10-35820
In a case arising out of a dispute between a commercial mobile radio service and a local exchange carrier (LEC) over their interconnection agreement (ICA) under the Telecommunications Act of 1996: 1) the district court's decision dismissing a claim alleging violation of the LEC's statutory duty to negotiate the ICA in good faith is affirmed, where: 1) the radio service failed to exhaust the prudential requirement that it first present that claim to the Oregon Public Utility Commission (PUC) before bringing that claim in federal court; and 2) the district court's decision upholding the PUC's approval of the ICA is reversed in part and the case remanded to the PUC, where the ICA as approved violated the Act to some extent.
Appellate Information
- Decided 03/15/2012
- Published 03/15/2012
Judges
- Ebel
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Marianne Dugan, Gregory Monson