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AT & T COMMS. v. NEBRASKA PUBLIC SERVICE

No. S-11-258.

811 N.W.2d 666 (2012)

283 Neb. 204

AT & T COMMUNICATIONS OF the MIDWEST, INC., and TCG Omaha, Inc., an Iowa telecommunications corporation, appellants and cross-appellees, v. NEBRASKA PUBLIC SERVICE COMMISSION, an administrative agency of the State of Nebraska, et al., appellees and cross-appellants, and CenturyLink, a Louisiana telecommunications corporation, et al., appellees.

Supreme Court of Nebraska.

February 3, 2012.

Attorney(s) appearing for the Case

Loel P. Brooks, of Brooks, Pansing & Brooks, P.C., L.L.O., Lincoln, and Leo J. Bub for appellants AT & T Communications of the Midwest, Inc., and TCG Omaha, Inc.

Jon Bruning, Attorney General, and L. Jay Bartel for appellee Nebraska Public Service Commission.

Paul M. Schudel and James A. Overcash, of Woods & Aitken, L.L.P., Lincoln, for appellees "Rural Independent Companies."

Steven G. Seglin, of Crosby Guenzel, L.L.P., Lincoln, for appellee MCI Communications Services, Inc., doing business as Verizon Business Services.

HEAVICAN, C.J., CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

HEAVICAN, C.J.

INTRODUCTION

This case involves a dispute between AT & T Communications of the Midwest, Inc., and TCG Omaha, Inc. (collectively AT & T), and the Nebraska Public Service Commission (PSC) regarding the correct interpretation of Neb.Rev.Stat. § 86-140 (Reissue 2008). That section governs the regulation of access charges. In its order, the PSC determined that telecommunications companies like AT & T could seek the negotiation...

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