Legal Opinion

Northwestern Bell Telephone Co. v. Public Utilities Commission

South Dakota Supreme Court

Decided March 13, 1991No. 16921, 16933PublishedCited by 7 opinions

1Opinion of the Court

JOHNSON, Circuit Judge.

US West Communications (USWC) appeals a circuit court judgment affirming the decision of the South Dakota Public Utilities Commission (PUC). PUC ruled that Lightwave Associate’s (Lightwave) fiber optic facility is a nonaccess facility which crosses the territory being lawfully occupied and served by another telecommunications company furnishing adequate service; therefore, PUC ruled that the facility is exempt from a public interest determination pursuant to SDCL 49-31-20 and 49-31-21. Lightwave filed a notice of review asserting that PUC lacked jurisdiction. We affirm…

2Cases cited6 opinions

  1. Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
  2. Permann v. South Dakota Department of Labor, Unemployment Insurance DivisionSouth Dakota Supreme Court · 1987
  3. At & T Information Systems v. South Dakota State Board of EqualizationSouth Dakota Supreme Court · 1987
  4. Application of Northwestern Bell Tel. Co.South Dakota Supreme Court · 1986
  5. Comtronics, Inc. v. Puerto Rico Telephone CompanyCourt of Appeals for the First Circuit · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. US West Communications, Inc. v. Public Utilities CommissionSouth Dakota Supreme Court · 1993
  2. Striegel v. South Dakota Department of Social ServicesSouth Dakota Supreme Court · 1994
  3. Sioux Valley Hospital Ass'n v. South Dakota State Board of EqualizationSouth Dakota Supreme Court · 1994
  4. Eide v. OLDHAM-RAMONA SCHOOL DIST. No. 39-5South Dakota Supreme Court · 1994
  5. In the Matter of Petition of Montana-Dakota Utilities Co.South Dakota Supreme Court · 2007

2 more not listed; retrieve them via the Exa API.

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