Summary 2006 WY 110

Summary of decision issued August 31, 2006

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Case Name: Union Telephone Co. v. Wyoming Public Service Commission

Citation: 2006 WY 110

Docket Number: 05-195 and 05-199

Appeal from the District Court of Laramie County, Honorable Peter G. Arnold, Judge

Representing Appellant (Petitioner): Bruce S. Asay, Associated Legal Group, Cheyenne, Wyoming

Representing Appellee Wyoming Public Service Commission (Respondent): Patrick J. Crank, Attorney General; Michael L. Hubbard, Deputy Attorney General; Stephanie Anesi, Assistant Attorney General.

Representing Appellee Qwest Corporation (Respondent): Paul Hickey, Roger Fransen, and Brandi L. Monger, of Hickey and Evans, Cheyenne, Wyoming.

Date of Decision: August 31, 2006

Issues: Whether the Federal Telecommunications Act of 1996, 47 U.S.C. § 251 et seq., vests exclusive jurisdiction in the federal courts for judicial review of a state commission decision concerning interconnection agreements.

Holdings: 47 U.S.C. 252(e)(6) states that in "any case in which a State commission makes a determination under this section, any party aggrieved by such determination may bring an action in an appropriate Federal district court to determine whether the agreement or statement meets the requirements of section 251 of this title and this section." 47 U.S.C. 252(e)(4) provides, "[n]o State court shall have jurisdiction to review the action of a State commission in approving or rejecting an agreement under this section." Reading these provisions together, the only logical conclusion is that Congress intended to confine review of State commission decisions concerning interconnection agreements to the federal courts. In the present action, the decisions of the Appellee PSC being challenged by the Appellant involve the approval of an interconnection agreement. Despite Appellant's attempt to characterize its appeal as a challenge to the Appellee PSC's authority, fundamentally, it is seeking review of decisions approving an interconnection agreement. Thus, pursuant to 47 U.S.C. § 252, the challenge must be brought in federal court.

The District Court correctly determined it lacked subject matter jurisdiction. The Wyoming Supreme Court also lacks subject matter jurisdiction. Accordingly, Appellant's appeals are dismissed.

J. Burke delivered the opinion for the court.

Link: http://tinyurl.com/oensz .