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CONSOLIDATED TELEPHONE v. WESTERN WIRELESS

No. 20010146.

637 N.W.2d 699 (2001)

2001 ND 209

CONSOLIDATED TELEPHONE COOPERATIVE, Plaintiff and Appellant, v. WESTERN WIRELESS CORPORATION, Defendant and Appellee, and North Dakota Public Service Commission, Defendant.

Supreme Court of North Dakota.

December 28, 2001.

Attorney(s) appearing for the Case

Michael J. Maus (argued), Hardy, Maus & Nordsven, P.C., Dickinson, N.D., and Michael A. Bosh (appeared), Pringle & Herigstad, P.C., Minot, N.D., for plaintiff and appellant.

Mark J. Ayotte (argued), Lisa M. Agrimonti (on brief), Briggs and Morgan, P.A., St. Paul, MN, and Thomas D. Kelsch (appeared), Kelsch, Kelsch, Ruff & Kranda, Mandan, N.D., for defendant and appellee.

NEUMANN, Justice.

[¶ 1] Consolidated Telephone Cooperative ("Consolidated") appealed from a judgment upholding the Public Service Commission's ruling that Western Wireless Corporation ("Western") need not obtain a certificate of public convenience and necessity before offering wireless residential service in Regent. We conclude the Commission's finding that Western's wireless residential service is a commercial mobile radio service as defined by federal law is...

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