Sherburne County Rural Telephone Co. v. Whitehead

OPINION

HUSPENI, Judge.

This is an appeal from an order of the Minnesota Public Utilities Commission directing Northwestern Bell Telephone Company to provide telephone service to Gary Whitehead. Relator Sherburne County Rural Telephone Company argues that the order is in excess of statutory authority and is unlawful. We reverse.

FACTS

Before purchasing land in Elk River, Minnesota, Gary Whitehead contacted Northwestern Bell Telephone Company (NWB) to ask if the land was within the company’s service area. Whitehead planned to build a house and to operate a business there that involved transmitting…