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TRACFONE WIRELESS, INC. v. STATE

No. 41868-2014.

351 P.3d 599 (2015)

TRACFONE WIRELESS, INC., Plaintiff-Counterdefendant-Appellant-Cross-Respondent, v. STATE of Idaho and the Idaho Emergency Communications Commission, Defendants-Counterclaimants-Respondents, and Ada County and the Ada County Board of Commissioners, and Idaho Association of Counties, Inc., Intervenors/Respondents/Cross-appellants.

Supreme Court of Idaho, Boise, May 2015 Term.

May 23, 2015.

Attorney(s) appearing for the Case

Mitchell F. Brecher , Greenberg Tracrig LLP, Washington, D.C., argued for appellant.

Shasta J. Kilminster-Hadley , Deputy Attorney General, Boise, argued for respondents State of Idaho and Idaho Emergency Communications Commission.

Michael J. Kane , Michael Kane & Associates PLLC, Boise, argued for cross-appellant Idaho Association of Counties.

Sherry A. Morgan , Ada County Deputy Prosecutor, Boise, argued for the Ada County cross-appellants.

This is an appeal out of Ada County from a declaratory judgment holding that TracFone is a telecommunication provider under Idaho Code section 31-4802(15)(d). We affirm that judgment.

I.

Factual Background.

TracFone Wireless, Inc., is a non-facilities-based commercial mobile radio service provider (a...

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