Qwest Corp. v. MN Public Utilities Comm., et al., No. 13-1267 (8th Cir. 2013)
Annotate this CaseQwest appealed from the district court's order entered on remand from the court's decision in Qwest Corp. v. Minnesota Public Utilities Commission, 684 F3d 721 (8th Cir. 2012). In Qwest, the court held that the district court erred in upholding an order from the commission which asserted that the commission had authority under state law to regulate rates for certain telecommunication network elements that Qwest provided to its competitors voluntarily or as required under the Telecommunications Act of 1996, 47 U.S.C. 271. The court held in Qwest that the commission's order was preempted by its entirety and the court reversed the district court's original judgment with respect to both the elements Qwest provided pursuant to section 271. The court reversed the judgment of the district court again and remanded to the district court with instructions to vacate the whole April 23, 2010 order of the commission as preempted by federal law and to enjoin the commission from enforcing the order in its entirety.
Court Description: Civil case - Telecommunications Act of 1996. For the court's prior opinion, see Qwest Corp. v. Minnesota Public Utilities Commission, 684 F.3d 721 (8th Cir. 2012). On remand from this Court's first decision, the district court erred in finding the Commission's order was only partially preempted; the district court's order is reversed and the matter is remanded with directions to vacate the Commission's April 23, 2010 order in its entirely and to enjoin the Commission from enforcing the order. [ November 22, 2013
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