Qwest Corp. v. Boyle, No. 08-3838

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.

Read Qwest Corp. v. Boyle, No. 08-3838

Appellate Information

Submitted: October 20, 2009

Filed: December 29, 2009

Judges

Opinion by Judge Gruender