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WESTERN RADIO SERVICES CO. v. QWEST CORP.

No. 05-35796.

530 F.3d 1186 (2008)

WESTERN RADIO SERVICES CO., an Oregon corporation, Plaintiff-Appellant, v. QWEST CORPORATION, a Colorado corporation; The Public Utility Commission of Oregon; Lee Beyer Chairman; Ray Baum, Commissioner; John Savage, Commissioner, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2008.

Attorney(s) appearing for the Case

Marianne G. Dugan (argued), Eugene, OR, for Western Radio Services Co., plaintiff-appellant.

Alex M. Duarte (argued), Portland, OR, Qwest Corporation, Gregory B. Monson, Salt Lake City, UT, and Timothy W. Snider, Portland, OR, Stoel Rives, LLP, for Qwest Corporation, defendant-appellee.

Erin C. Lagesen, Office of the Oregon Attorney General, Salem, OR, for Lee Breyer, Chairman, Public Utility Commission of Oregon, defendant-appellee.

Before: EDWARD LEAVY, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge:

Under the Telecommunications Act of 1996 ("1996 Act"), Pub.L. No. 104-104, 110 Stat. 56 (1996), "incumbent" local exchange carriers are required to enter into interconnection agreements with newer local exchange carriers. If the two carriers cannot reach agreement through negotiation, either party may petition the state's public utilities commission to request arbitration of any open issues.

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