QWEST CORP. v. NMPRC

No. 29,228.

143 P.3d 478 (2006)

2006-NMSC-042

In the Matter of the Investigation of Whether Qwest Corporation is in Compliance with the Investment Requirements of its Amended Alternative Form of Regulation Plan, QWEST CORPORATION, Appellant, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Appellee, and General Services Department of the State of New Mexico, Intervenor.

Supreme Court of New Mexico.

Rehearing Denied September 19, 2006.

As Revised September 25, 2006.


Attorney(s) appearing for the Case

Montgomery & Andrews, P.A., Thomas W. Olson, Sarah M. Singleton, Santa Fe, NM, Hogan & Hartson, L.L.P., Peter A. Rohrbach, H. Christopher Bartolomucci, Washington, D.C., for Appellant.

Margaret Caffey-Moquin, Santa Fe, NM, for Appellee.

Merrill, Arnone & Jones, L.L.P., Richard H. Levin, Santa Rosa, CA, for Intervenor.


OPINION

SERNA, Justice.

{1} The Public Regulation Commission (the PRC) regulates all telecommunication carriers in New Mexico. Pursuant to this authority, the PRC approved a five-year alternative form of regulation (AFOR) plan for Qwest Corporation, one such carrier. Qwest, PRC staff and other parties actively negotiated and endorsed the AFOR plan. During the plan's third year, the PRC investigated whether Qwest was in compliance with a key...

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