Justia Nebraska Supreme Court Opinion Summaries

Articles Posted in Communications Law

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Telrite Corporation was designated as an eligible telecommunications carrier and a Nebraska eligible telecommunications carrier by the Nebraska Public Service Commission (PSC). The designation allowed Telrite to participate in the “Lifeline” program and receive subsidies from federal and state funds for the provision of telecommunications service to low-income households. Soon after receiving its designations, Telrite held its first enrollment event in Omaha. Telrite, however, used the wrong enrollment form at the event. Consequently, the PSC revoked Telrite’s ETC designation and ordered Telrite to cease and desist from offering services as a Lifeline provider in Nebraska. The Supreme Court reversed the order, holding that the penalty ordered by the PSC was excessive. Remanded. View "Telrite Corp. v. Neb. Pub. Serv. Comm’n" on Justia Law

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This case involved a dispute between AT&T Communications and TCG Omaha (collectively AT&T) and the Nebraska Public Service Commission (PSC) regarding the correct interpretation of Neb. Rev. Stat. 86-140, which governs the regulation of access charges. In its order, the PSC determined that telecommunications companies like AT&T could seek the negotiation and review of access charges under section 86-140 only when a local exchange carrier had implemented new or revised access charges, and not "at will." The district court reversed in part and in part modified the decision of the PSC. The Supreme Court reversed the decision of the district court placing certain limitations on the section 86-140 negotiation and review process, holding that the plain language of the statute envisions both a negotiation and review process that are not limited by the statute. Remanded. View "AT&T Commc'ns v. Neb. Pub. Serv. Comm'n" on Justia Law