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STATE EX REL. BPS TELEPHONE CO. v. MISSOURI PUBLIC SERVICE COMM.

No. WD 69976.

285 S.W.3d 395 (2009)

STATE of Missouri, ex rel BPS TELEPHONE COMPANY, et al.; Respondents, USCOC of Greater Missouri, LLC d/b/a U.S. Cellular, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION, Respondent.

Missouri Court of Appeals, Western District.

May 26, 2009.

Attorney(s) appearing for the Case

Karl Zobrist and Roger W. Steiner, Kansas City, MO, for Appellant.

William R. England, III and Brian T. McCartney, Jefferson City, MO, for Respondent Telephone Companies.

William K. Haas, Jefferson City, MO, for Respondent Public Service Comm.

Before: THOMAS H. NEWTON, C.J., JAMES M. SMART, JR., and VICTOR C. HOWARD, JJ.

THOMAS H. NEWTON, Chief Judge.

USCOC of Greater Missouri, LLC d/b/a U.S. Cellular (U.S. Cellular) appeals the judgment of the circuit court affirming the Report and Order of the Public Service Commission (Commission). U.S. Cellular contests the Commission's imposition of a baseline investment requirement as a condition of the company's designation of eligibility for federal universal service support. We affirm.

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