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RT COMMUNICATIONS, INC. v. F.C.C.

Nos. 98-9541, 98-9542.

201 F.3d 1264 (2000)

RT COMMUNICATIONS, INC.; Union Telephone Company, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents. Silver Star Telephone Co., Inc., Intervenor.

United States Court of Appeals, Tenth Circuit.

January 13, 2000.

Attorney(s) appearing for the Case

Bruce S. Asay, Associated Legal Group, LLC, Cheyenne Wyoming, for Petitioners RT Communications, Inc. and Union Telephone Co. (Gay V. Woodhouse, Attorney General, Michael L. Hubbard, Kristin H. Lee, Stephen G. Oxley, Office of the Attorney General, Cheyenne, Wyoming, for Petitioner Wyoming Public Service Commission, with him on the brief).

James M. Carr, Counsel, (and Christopher J. Wright, General Counsel, and John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, Washington, D.C., and Joel I. Klein, Assistant Attorney General, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, United States Department of Justice, Washington, D.C., with him on the brief), for Respondents.

John D. Seiver and John C. Dodge of Cole, Raywid & Braverman, LLP, Washington, D.C., for Intervenor.

Before KELLY, HOLLOWAY, and BRISCOE, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

This case involves an appeal from orders of the Federal Communications Commission (FCC) preempting a section of Wyoming telecommunications law. We have jurisdiction under 47 U.S.C. § 402(a) and 28 U.S.C. § 2342(1) and uphold the FCC orders.

Background

In 1993, the Wyoming Public Service Commission (PSC) conducted an extensive review of the state's telecommunications infrastructure. It concluded that...

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