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RURAL IOWA IND. TELEPHONE v. IOWA UTILITIES BD.

No. 05-3579.

476 F.3d 572 (2007)

RURAL IOWA INDEPENDENT TELEPHONE ASSOCIATION, Plaintiff-Appellant, v. IOWA UTILITIES BOARD, Utilities Division, Department of Commerce, sued as: Iowa Utilities Board; Diane Munns, individually and in her official capacity as a member of the Iowa Utilities Board; Mark O. Lambert, individually and in his official capacity as a member of the Iowa Utilities Board; Elliot Smith, individually and an his official capacity as a member of the Iowa Utilities Board, Defendants-Appellees, Qwest Corporation, Intervenor Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2007.

Attorney(s) appearing for the Case

Thomas George Fisher, Jr., Des Moines, IA, for Plaintiff-Appellant.

David Jay Lynch, Iowa Utilities Board Department of Commerce, Des Moines, IA, for Defendant-Appellee.

Amy Marie Bjork, Dorsey & Whitney, Des Moines, IA, Roy E. Hoffinger, Bobbee J. Musgrave, Steven J. Perfrement, Paul J. Lopach, Musgrave & Theis, Denver, CO, for Intervenor Defendant-Appellee.

Before BYE, HANSEN, and SMITH, Circuit Judges.

BYE, Circuit Judge.

The Rural Iowa Independent Telephone Association (RIITA), an industry association comprised of rural telephone carriers, challenges a decision of the Iowa Utilities Board (IUB) regarding wireless phone calls which originate and terminate within the same major trading area (MTA), or intraMTA wireless calls. The IUB determined the rural carriers could not charge Qwest Corporation long-distance access charges when Qwest bundled inbound intraMTA wireless...

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