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AT & T COMMS. v. NEBRASKA PUBLIC SERVICE

No. S-11-258.

811 N.W.2d 666 (2012)

283 Neb. 204

AT & T COMMUNICATIONS OF the MIDWEST, INC., and TCG Omaha, Inc., an Iowa telecommunications corporation, appellants and cross-appellees, v. NEBRASKA PUBLIC SERVICE COMMISSION, an administrative agency of the State of Nebraska, et al., appellees and cross-appellants, and CenturyLink, a Louisiana telecommunications corporation, et al., appellees.

Supreme Court of Nebraska.

February 3, 2012.

Attorney(s) appearing for the Case

Loel P. Brooks , of Brooks, Pansing & Brooks, P.C., L.L.O., Lincoln, and Leo J. Bub for appellants AT & T Communications of the Midwest, Inc., and TCG Omaha, Inc.

Jon Bruning , Attorney General, and L. Jay Bartel for appellee Nebraska Public Service Commission.

Paul M. Schudel and James A. Overcash , of Woods & Aitken, L.L.P., Lincoln, for appellees "Rural Independent Companies."

Steven G. Seglin , of Crosby Guenzel, L.L.P., Lincoln, for appellee MCI Communications Services, Inc., doing business as Verizon Business Services.

HEAVICAN, C.J., CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

HEAVICAN, C.J.

INTRODUCTION

This case involves a dispute between AT & T Communications of the Midwest, Inc., and TCG Omaha, Inc. (collectively AT & T), and the Nebraska Public Service Commission (PSC) regarding the correct interpretation of Neb.Rev.Stat. § 86-140 (Reissue 2008). That section governs the regulation of access charges. In its order, the PSC determined that telecommunications companies like AT & T could seek the negotiation...

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