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VENTURE COMMUNICATIONS COOPERATIVE v. JAMES VALLEY

No. 22-2129, No. 22-2190.

72 F.4th 857 (2023)

VENTURE COMMUNICATIONS COOPERATIVE, INC., Plaintiff-Appellant/Cross Appellee v. JAMES VALLEY COOPERATIVE TELEPHONE COMPANY; Northern Valley Communications, LLC, Defendants-Appellees/Cross Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee and also appeared on the brief was Ari Scott Casper , of Baltimore, MD. The following attorney(s) also appeared on the appellant brief; Matthew A. Tysdal , of Sioux Falls, SD., Peter Heidepriem , of Sioux Falls, SD., Ralph S. Tyler , of Baltimore, MD.

Counsel who presented argument on behalf of the appellee/cross-appellant and also appeared on the brief was George David Carter, Jr. , of Washington, DC. The following attorney(s) also appeared on the appellee brief; James M. Cremer , of Aberdeen, SD., Kathleen O. Gallagher , of Washington, DC.

Before LOKEN, COLLOTON, and BENTON, Circuit Judges.

The Federal Communications Commission (FCC) provides subsidies to encourage telecommunication companies to expand high-speed broadband internet services in rural areas where customer revenues would otherwise be insufficient to justify the cost of doing business. See generally AT&T, Inc. v. FCC,

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