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IN RE PETITION OF SPRINT COMMUNICATIONS CO. LP.

Docket No. 274879.

745 N.W.2d 520 (2007)

277 Mich. App. 311

In re Petition of SPRINT COMMUNICATIONS CO. LP. Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority, Appellant, v. Michigan Public Service Commission, Sprint Communications Company, LP, Talk America, Inc., XO Communications Services, Inc., TDS Metrocom, LLC, AT&T Michigan, AT&T Communications of Michigan, Inc., and TCG Detroit, Appellees.

Court of Appeals of Michigan.

Decided December 6, 2007, at 9:00 a.m.

Released for Publication February 28, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Michael E. Moody, Assistant Attorney General, for the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Michael A. Nickerson, and Patricia S. Barone, Assistant Attorneys General, for the Michigan Public Service Commission.

Clark Hill, PLC (by Roderick S. Coy, Leland R. Rosier, and Haran C. Rashes), Lansing, for Sprint Communications Company L.P.

Dickinson Wright PLLC (by Jeffery V. Stuckey, Michael A. Holmes, and Christine Anne Chabot), and Craig A. Anderson and Lisa M. Bruno, Lansing, Ann Arbor, Detroit, for AT&T Michigan.

Before: DAVIS, P.J., and MURPHY and SERVITTO, JJ.

DAVIS, P.J.

The Metropolitan" Extension Telecommunications Rights-of-Way Oversight Authority (METRO Authority) appeals as of right the Public Service Commission's (PSC) determination that the annual maintenance fee established in the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (METRO Act), MCL 484.3101 et seq., applies only to certain telecommunications facilities owned by telecommunications providers, not to such facilities...

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