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RURAL TELEPHONE SERVICE CO. v. KANSAS CORPORATION COMM'N

No. 90,452

31 Kan.App. 2d 760 (2003)

72 P.3d 937

RURAL TELEPHONE SERVICE COMPANY, INC., Petitioner, v. KANSAS CORPORATION COMMISSION, Respondent.

Court of Appeals of Kansas

Opinion filed July 18, 2003.

Attorney(s) appearing for the Case

Mark E. Caplinger and James M. Caplinger, of James M. Caplinger, Chartered, of Topeka, for appellant Rural Telephone Service Company, Inc.

Anne E. Bos and Eva Powers, assistants general counsel, Susan B. Cunningham, general counsel, of Topeka, for appellee Kansas Corporation Commission.

Thomas E. Gleason, Jr., of Gleason & Doty, Chartered, of Lawrence, for intervenor Independent Telecommunications Group.

Before JOHNSON, P.J., PIERRON and GREEN, JJ.

JOHNSON, J.:

Rural Telephone Service Company, Inc. (Rural) appeals from the final order of the Kansas Corporation Commission (KCC or Commission) which approved Rural's revised rate tariffs, but which also reduced the payments Rural receives from the Kansas Universal Service Fund (KUSF) in order to offset the increased revenue the Commission estimated would be generated by the revised tariffs. We reverse and remand for further proceedings.

Rural is a rate of...

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