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NORTHWESTERN BELL v. PUBLIC UTIL. COM'N

Nos. 16921, 16933.

467 N.W.2d 468 (1991)

NORTHWESTERN BELL TELEPHONE COMPANY, INC., d/b/a US West Communications, Appellant, v. PUBLIC UTILITIES COMMISSION OF the STATE OF SOUTH DAKOTA, Appellee, and Lightwave Associates, a Joint Venture, and Sully Buttes Telephone Company, Intervenors.

Supreme Court of South Dakota.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Thomas J. Welk of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, William P. Heaston, Omaha, Neb., for appellant Northwestern Bell.

Richard D. Coit, Pierre, (Roger Tellinghuisen, Atty. Gen., on the brief), for appellee PUC.

Richard J. Helsper, Brookings, Benjamin H. Dickens, Jr., Blooston, Mordkofsky, Jackson & Dickens, Washington, D.C., for intervenor Lightwave Associates.

JOHNSON, Circuit Judge.

US West Communications (USWC) appeals a circuit court judgment affirming the decision of the South Dakota Public Utilities Commission (PUC). PUC ruled that Lightwave Associate's (Lightwave) fiber optic facility is a nonaccess facility which crosses the territory being lawfully occupied and served by another telecommunications company furnishing adequate service; therefore, PUC ruled that the facility...

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