QWEST CORPORATION, A Colorado Corporation, Plaintiff-Appellant,
v.
Leroy KOPPENDRAYER, in his official capacity as Chairman of the Minnesota Public Utilities Commission; Ellen Gavin, in her official capacity as a member of the Minnesota Public Utilities Commission; R. Marshall Johnson, in his official capacity as a member of the Minnesota Public Utilities Commission; Phyllis Rhea, in her official capacity as a member of the Minnesota Public Utilities Commission; Gregory Scott, in his official capacity as a member of the Minnesota Public Utilities Commission; Minnesota Public Utilities Commission; Defendants-Appellees,
AT & T of the Midwest States, Inc.; MCI Worldcom Communications, Inc.; MCIMetro Access Transmission Services, Inc., LLC; Eschelon Telecom of Minnesota, Inc.; Integra Telecom, Integra Telecom of Minnesota, Inc.; Intervenors Defendants-Appellees,
Crystal Communications; Tekstar Communications, Inc.; Movants Below,
US Link, Inc.; Northstar Access, LLC; Otter Tail Telecom, LLC; Mcleod USA Telecommunications, Inc., Intervenors Defendants-Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: December 15, 2005.
Filed: February 2, 2006.
Attorney(s) appearing for the Case
John M. Devaney, argued, Washington, DC (Donald J. Friedman, Roy E. Hoffinger, Robert E. Cattanach, and Jason D. Topp, on the brief), for appellant.
Gary R. Cunningham, argued, Assistant Attorney General, St. Paul, MN (Mike Hatch, on the brief), for appellee.
J. Jeffrey Oxley, argued, Minneapolis, MN (David L. Lawson, Christopher T. Shenk, Gregory R. Merz, Donald B. Verrilli, Jr., Michael B. DeSanctis, Kathleen R. Hartnett, Jeffrey A. Rackow, Brent Vanderlinden, Dennis D. Ahlers, Dan Lipschultz and Thomas Erik Bailey, on the brief), for intervenors.
Before WOLLMAN, LAY, and RILEY, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
LAY, Circuit Judge.
Qwest Corporation ("Qwest") appeals two district court1 decisions upholding orders of the Minnesota Public Utilities Commission ("MPUC" or "Commission") which set and applied retroactively the rates that telecommunication companies are required to pay when leasing Qwest's network infrastructure. We affirm the district court.
I.
The 1996 Telecommunications Act ("1996 Act") was intended to create competition...
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