ALMA COMMUNICATIONS v. MISSOURI PUBLIC SERVICE

No. 06-2401.

490 F.3d 619 (2007)

ALMA COMMUNICATIONS COMPANY, doing business as Alma Telephone Company; Chariton Valley Telephone Company; Mid-Missouri Telephone Company; Northeast Missouri Rural Telephone Company, Plaintiffs-Appellants, v. MISSOURI PUBLIC SERVICE COMMISSION; T-Mobile USA, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 11, 2007.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Craig S. Johnson, Jefferson City, MO.

Counsel who presented argument on behalf of the appellee Missouri Public Service Commission was William K. Haas, Jefferson City, MO, Counsel who presented argument on behalf of the appellee T-Mobile USA was Thomas C. Walsh, St. Louis, MO, also appearing on the brief for T-Mobile USA was Louis F. Bonarcorsi and Jennifer S. Kingston.

Before LOKEN, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

This case presents the question of whether land-line telephone calls to cell phones within the same locale are treated as local calls or long-distance calls by the FCC. The district court,1 reviewing a decision of the Missouri Public Service Commission, held that the plain language of the FCC's regulation required such calls to be treated as local calls, even when such calls were routed through a long-distance...

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