Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Sunday, August 27, 2006
Eighth Circuit agrees with Nebraska FEderal District Court that Great Plains Communications had to allow tandem circuit access to Western Wireless (Cellular One)WWC License v. Great Plains Comm.
051725P.pdf 08/23/2006 No: 05-1725 and No: 05-1726 District of Nebraska
Telecommunications Act of 1996. Local telephone carrier had to allow access to western wireless (cellular One) even when the local carrier sent its calls to an outside tandem circuit. "Local dialing parity" required under the telecommunications act of 1996 is consistent with tandem routing. The Federal District Court properly reversed the the Nebraska Public Service Commission decision to allow when it excused Great Plains from Section 251(b)(3) the local dialing parity obligations. Court of Appeals allows the Neb PSC decisions in setting reciprocal compensation rates and allocation of costs. However the PSC did err when it did not order symmetrical compensation for call that went back and forth between the cellular phone provider and the local phone network as 47 C.F.R. Sec. 51.715 required.
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