Venture Comm. Co-Op, Inc. v. James Valley Co-Op Telephone Co., No. 22-2190 (8th Cir. 2023)
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The Federal Communications Commission (FCC) provides subsidies to encourage telecommunication companies to expand high-speed broadband internet services in rural areas where customer revenues would otherwise be insufficient to justify the cost of doing business. Venture Communications Cooperative (“Venture”) provides broadband services to rural South Dakota customers. James Valley Cooperative Telephone Company and its wholly owned subsidiary, Northern Valley Communications (collectively, “Northern Valley”), is a competing provider. Venture filed this lawsuit against Northern Valley. The primary claim is that Northern Valley violated 47 U.S.C. Section 220(e) by filing a Form 477 that “intentionally, deliberately, fraudulently, and maliciously misrepresented” information “for the sole unlawful purpose of harming [Venture]” by depriving Venture of FCC subsidies in census blocks where Northern Valley was deemed to be an unsubsidized competitor. The district court granted Northern Valley summary judgment, concluding “there is no evidence that Northern Valley willfully overreported its broadband capabilities.”
The Eighth Circuit affirmed. The court explained that Venture’s claim of intent to injure is belied by Northern Valley helping Venture by filing a letter with the FCC clarifying that Northern Valley did not offer voice service in the Overlap Area. The court likewise affirmed the dismissal of Venture’s tortious interference and civil conspiracy claims under South Dakota law. The court agreed with the district court that Venture proffered no evidence of an “intentional and unjustified act of interference” because Northern Valley complied with all FCC reporting requirements. As Northern Valley complied with the Telecommunications Act in filing Form 477 at issue, there is no plausible underlying tort alleged. Summary judgment is warranted on this claim.
Court Description: [Loken, Author, with Colloton and Benton, Circuit Judges] Civil case. In this action plaintiff alleged defendant had violated 47 U.S.C. Sec. 220(e) by filing a Form 477 which intentionally misrepresented information for the purpose of depriving plaintiff of FCC broadband internet subsidies for certain geographic areas; the district court granted defendant summary judgment on plaintiff's fraud and unfair competition claims, concluding there was no evidence defendant had willfully overreported its broadband capabilities; the court further dismissed plaintiff's tortious interference claim because defendant committed no intentional and unjustified act of interference and dismissed plaintiff's civil conspiracy claim for lack of an underlying tort. Held: the district court did not err in determining that there was no evidence defendant had willfully filed a false Form 477 regarding its broadband capabilities; dismissal of tortious interference and civil conspiracy claims affirmed.
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