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IN RE GCC LICENSE CORP.

Nos. 21510, 21521, 21525.

623 N.W.2d 474 (2001)

2001 SD 32

The Filing by GCC LICENSE CORPORATION for Designation as an Eligible Telecommunications Carrier.

Supreme Court of South Dakota.

Decided March 14, 2001.

Rehearing Denied April 30, 2001.

Attorney(s) appearing for the Case

Rolayne Ailts Wiest, Special Assistant Attorney General, Public Utilities Commission, Pierre, SD, Attorney for appellant PUC.

Richard D. Coit, Executive Director, SDITC, Pierre, SD, Attorney for appellant SD Independent Telephone Coalition.

Tamara A. Wilka and Thomas J. Welk of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, SD.

Alex Duarte, U.S. West Communications, Inc., Denver, CO, Attorneys for appellant U.S. West.

Paul S. Swedlund of Gunderson, Palmer, Goodsell & Nelson, Rapid City, SD, Attorneys for appellee GCC.

Mark J. Ayotte and Philip R. Schenkenberg of Briggs and Morgan, St. Paul, MN, Attorneys for appellee GCC.

KONENKAMP, Justice.

[¶ 1.] In this appeal, we examine whether the South Dakota Public Utilities Commission erroneously denied a wireless telecommunications company's application to become an eligible telecommunications carrier (ETC). To answer the question, we interpret 47 U.S.C. 214(e)(1), the federal statute governing the requirements for ETC status. The PUC read this statute to require that applicants must presently be providing or offering all enumerated...

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