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QWEST CORP. v. PUBLIC UTILITIES COM'N OF COLORADO

Nos. 06-1132, 06-4021.

479 F.3d 1184 (2007)

QWEST CORPORATION, a Colorado corporation, Plaintiff-Appellant, v. The PUBLIC UTILITIES COMMISSION OF the State of COLORADO, a regulatory agency of the State of Colorado; Gregory E. Sopkin, Polly Page, and Carl Miller, in their official capacities as Commissioners of the Public Utilities Commission of Colorado, Defendants-Appellees. Verizon, Amicus Curiae. Qwest Corporation, a Colorado corporation, Plaintiff-Appellant, v. Public Service Commission of Utah, a regulatory agency of the State of Utah; Richard M. Campbell; Constance B. White; Ted Boyer, in their official capacities as Commissioners of the Public Service Commission of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 5, 2007.

Attorney(s) appearing for the Case

John M. Devaney, Perkins, Coie, L.L.P., Washington, D.C., for Plaintiff-Appellant.

Mark T. Valentine, (John Suthers, Colorado Attorney General and Paul C. Gomez, First Assistant Attorney General, State Services Section, on the brief), Denver, CO, for Defendants-Appellees Public Utilities Commission of Colorado.

Scott H. Angstreich, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C. (and Gregory M. Romano, General Counsel—Northwest Region, Everett, WA, on the brief), for Amicus Curiae Verizon.

Sandy J. Mooy, Attorney for Public Service Commission and Individual Commissioners, Salt Lake City, UT, for Defendants-Appellees Public Service Commission of Utah.

Before KELLY, ALARCÓN, and LUCERO, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

In these consolidated appeals, Plaintiff-Appellant Qwest Corporation asks us to determine whether it was obligated to seek state utility commission approval of a contract in which it agreed to provide MCImetro Access Transmission Services, LLC ("MCImetro"), with access to a service known as Qwest Platform Plus. The Public Utility Commission of Colorado and the Public Service Commission of Utah both independently determined that the...

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