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LEVEL 3 v. PUBLIC SERVICE COM'N

No. 20060042-CA.

163 P.3d 652 (2007)

2007 UT App 127

LEVEL 3 COMMUNICATIONS, LLC, Petitioner, v. PUBLIC SERVICE COMMISSION and Qwest Corporation, Respondents.

Court of Appeals of Utah.

April 19, 2007.

Attorney(s) appearing for the Case

Gregory L. Rogers, Broomfield, CO, and William J. Evans and Vicki M. Baldwin, Salt Lake City, for Petitioner.

Sander J. Mooy, Salt Lake City, for Respondent Public Service Commission.

Gregory B. Monson and Ted D. Smith, Salt Lake City, and David L. Elmont, St. George, for Respondent Qwest Corporation.

Before BENCH, P.J., GREENWOOD, Associate P.J., and DAVIS, J.

OPINION

DAVIS, Judge:

¶ 1 Petitioner Level 3 Communications, LLC (Level 3) contests the decision of Respondent Public Service Commission (the Commission) interpreting an interconnection agreement (the Old Agreement) between Level 3 and Respondent Qwest Corporation (Qwest). We reverse and remand.

BACKGROUND

¶ 2 On September 7, 2000, Qwest and Level 3 entered into the Old Agreement,1 which provided,...

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