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U S WEST COMMUNICATIONS, INC. v. W.P.S.C.

No. 97-146.

988 P.2d 1061 (1999)

U S WEST COMMUNICATIONS, INC., Appellant (Petitioner), v. WYOMING PUBLIC SERVICE COMMISSION; Steve Ellenbecker, Doug Doughty, and Kristin H. Lee, in their official capacities as Commissioners of the Wyoming Public Service Commission, Appellees (Respondents), and AT & T Communications of the Mountain States; MCI Telecommunications Corporation; and McLeod Telemanagement, Inc., n/k/a McLeod USA, Intervening Appellees.

Supreme Court of Wyoming.

Rehearing Granted December 13, 1999.

Attorney(s) appearing for the Case

Representing Appellant: Paul J. Hickey of Hickey, Mackey, Evans, Walker & Stewart, Cheyenne, WY; and William P. Heaston of U S West Communications, Inc., Denver, CO. Argument by Mr. Hickey.

Representing Appellees: William U. Hill, Attorney General; Michael L. Hubbard, Deputy Attorney General; and Carrol S. Verosky, Assistant Attorney General. Argument by Ms. Verosky.

Representing Intervening Appellees: For AT & T: Alan B. Minier of Rothgerber, Johnson & Lyons, LLP, Cheyenne, WY; and Michele Singer of AT & T, Denver, CO. For McLeod USA: Elizabeth Zerga of Herschler, Freudenthal, Salzburg, Bond & Zerga, P.C., Cheyenne, WY. For MCI: Michael Rosenthal of Hathaway, Speight & Kunz, LLC, Cheyenne, WY. Argument by Mr. Minier and Ms. Zerga.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and TAYLOR, JJ.

LEHMAN, Chief Justice.

At issue in this case is the construction of the Wyoming Telecommunications Act of 1995, Wyo. Stat. Ann. §§ 37-15-101 et seq. (the Act) as it applies to U S West's intention to discontinue its Centrex Plus service. The Public Service Commission found that Centrex Plus is a noncompetitive and essential telecommunications service as set forth in Wyo. Stat. Ann. § 37-15-103(a)(iv) (Lexis 1999) and, therefore, refused to allow...

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