At&T Communications of the Midwest, Inc. v. Iowa Utilities Board

The district court, sitting in review of agency action, affirmed in part and reversed in part a decision of the Iowa Utilities Board (IUB) in this dispute among providers of telephone service. We agree with the district court that the IUB correctly held AT&T constructively ordered services from the “competitive local exchange carriers” (CLECs) and must pay the tariffed rates for past services. Although we disagree with the district court’s ruling that the IUB could not establish a new rate in this proceeding, we agree that the IUB did not have authority to waive its own rule requiring all…