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LEVEL 3 COMMUNICATIONS, LLC v. PUBLIC UTIL. COMMISSION OF COLORADO

No. CIV.A.01-N-2455(CBS).

300 F.Supp.2d 1069 (2003)

LEVEL 3 COMMUNICATIONS, LLC, a Delaware limited liability company, Plaintiff, v. PUBLIC UTILITIES COMMISSION OF COLORADO, et al., Defendants.

United States District Court, D. Colorado.

December 8, 2003.

Attorney(s) appearing for the Case

Rogelio E. Peña, Esq., Peña & Associates, Boulder, for Plaintiff.

Greg Rogers, Esq., Director — State Regulatory Affairs, Level 3 Communications, LLC, Broomfield, for Plaintiff.

Winslow B. Waxter, Esq., Qwest Services Corporation, Denver, for Defendant Qwest Corporation.

Andrew R. Newell, Esq., Nichols & Associates, Boulder, for Plaintiff.

Stephen E. Abrams, Esq., Perkins Coie, LLP, Denver, for Defendant Qwest Corporation.

John M. Devaney, Esq., Kelly A. Cameron, Esq., Perkins Coie, LLP, Washington, D.C., for Defendant Qwest Corporation.

David M. Nocera, Esq., Michael J. Santisi, Esq., Assistant Attorneys General, Business and Licensing Section, for Defendants Colorado Public Utilities Commission, Raymond L. Gifford, Polly Page, and Jim Dyer.

ORDER AND MEMORANDUM OF DECISION

NOTTINGHAM, District Judge.

This is a judicial review of an agency decision. Plaintiff, Level 3 Communications, LLC ("Level 3"), alleges that the defendant, Public Utilities Commission of Colorado ("CPUC"), erred in its decision that internet-bound telephone traffic should not be included as "originating" traffic in allocating costs of such traffic between Level 3 and Defendant, Qwest Corporation ("Qwest"). This matter is...

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