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08-3035 - Qwest Corporation v. Cox Nebraska Telcom, et al

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08-3035 - Qwest Corporation v. Cox Nebraska Telcom, et al
May 6, 2008
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ORDER - Scheduling Conference set for 5/28/2008 at 08:15 AM before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
June 2, 2008
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ORDER that pursuant to agreement of the parties: The stipulated record will be filed by 6/13/08. Plaintiff's brief requesting affirmative relief shall be filed by 7/18/08. Defendants' responsive brief and affirmative defense brief shall be filed by 8/20/08. Plaintiff's reply brief shall be filed by 9/29/08. Oral argument is scheduled for 10/28/08 at 9:00 a.m. Ordered by Senior Judge Lyle E. Strom. (JSF)
December 17, 2008
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MEMORANDUM OPINION on Qwest Corporation's petition for review of the Nebraska Public Service Commission's Order 1. The Court has thoroughly considered the FCC rules and decisions cited by Qwest, but the Court does not find that the FCC intended for these authorities to be conclusive on the issueof whether an ILEC is required to provide transit. Nonetheless, the clear language of Section 251 requires an ILEC to provide 14 Because the Court finds that Qwest is required to provide transit under Section 251(c)(2), it is not necessary to determine whether Section 251(a) provides an independent basis for requiring Qwest to provide transit service transit service pursuant to its interconnection obligations under Section 251(c)(2).14 Thus, Qwest must provide transit service to Cox. The Commission acted within its authority and did not err when it determined that Qwest was required to provide transit service at TELRIC-based rates. Accordingly, the Commissions Order will beaffirmed. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (MKR)