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Public Utilities: Leasing Rates – Telephone Companies – Implementation

Stephanie Maniscalco//January 7, 2010//

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Public Utilities: Leasing Rates – Telephone Companies – Implementation

Public Utilities: Leasing Rates – Telephone Companies – Implementation

Stephanie Maniscalco//January 7, 2010//

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Qwest Corporation v. Boyle, et al. (MLW No. 60027/Case No. 08-3838 – 21 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Where a telephone company challenged a order setting the rates that competitors must pay to lease elements of its network in Nebraska, the commission’s order could have provided more detail but the order showed that the commission engaged in rational decision making that was not arbitrary or capricious, the telephone company did not show that the rates were inaccurate or that the order violated federal law, but the case is remanded for further proceedings on implementation of the order.

Judgment is affirmed in part; remanded.

Qwest Corporation v. Boyle, et al. (MLW No. 60027/Case No. 08-3838 – 21 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, District of Nebraska, Kopf, J. (John Michael Devaney, Washington, D.C., argued for appellant) (Leonard Jay Bartel, Lincoln, Neb., argued for appellee).

Click here to read the full text of this opinion.

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