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COM'N ON EMERGENCY COMMUNICATIONS. v. TRACFONE WIRELESS, INC.

No. 03-10-00111-CV.

343 S.W.3d 233 (2011)

COMMISSION ON STATE EMERGENCY COMMUNICATIONS, Appellant, v. TRACFONE WIRELESS, INC. and Virgin Mobile USA, LP, Appellees.

Court of Appeals of Texas, Austin.

May 5, 2011.

Attorney(s) appearing for the Case

Daniel L. Geyser , Assistant Solicitor General, Office of the Attorney General, Austin, TX, for Appellant.

Christian J. Ward , Yetter Coleman, LLP, Austin, TX, for Appellee.

Michael J. Tomsu , Vinson & Elkins, LLP, Austin, TX, Charles W. Schwartz , Skadden, Arps, Slate, Meagher & Flom LLP, Houston, TX, for Intervenor.

Before Chief Justice JONES, Justices HENSON and GOODWIN.

OPINION

J. WOODFIN JONES, Chief Justice.

Appellees TracFone Wireless, Inc. and Virgin Mobile USA, LP (collectively, "the Prepaid Providers") sued the Commission on State Emergency Communications ("the Commission") for judicial review of the agency's final order concluding that the 9-1-1 emergency service fee imposed by health and safety code section 771.0711 applies to the wireless telecommunications connections the Prepaid Providers provide to their...

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