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2006 Supreme(US)(ca8) 210

COURT OF APPEALS FOR THE EIGHTH CIRCUIT
Melloy, Colloton, Benton
WWC License – Appellant
Versus
Great Plains Comm. – Respondent



No. 05-1725 ___________ WWC License, L.L.C., * * Plaintiff - Appellee, * * Appeal from the United States v. * District Court for the District of * Nebraska. Anne C. Boyle, Chairman, in their * official capacities as Commissioners of * the Nebraska Public Service * Commission; Frank E. Landis, Jr., * Commissioner, in their official * capacities as Commissioners of the * Nebraska Public Service Commission; * Lowell C. Johnson, Commissioner, in * their official capacities as * Commissioners of the Nebraska Public * Service Commission; Rod Johnson, Jr., * Commissioner, in their official * capacities as Commissioners of the * Nebraska Public Service Commission; * Gerald L. Vap, Commissioner, in their * official capacities as Commissioners of * the Nebraska Public Service * Commission; * * Defendants, * * Great Plains Communications, Inc., * * Defendant - Appellant. * ___________

No. 05-1726 ___________ WWC License, L.L.C., * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the District of * Nebraska. Anne C. Boyle, Chairman, in their * official capacities as Commissioners of * the Nebraska Public Service * Commission; Frank E. Landis, Jr., * Commissioner, in their official * capacities as Commissioners of the * Nebraska Public Service Commission; * Lowell C. Johnson, Commissioner, in * their official capacities as * Commissioners of the Nebraska Public * Service Commission; Rod Johnson, Jr., * Commissioner, in their official * capacities as Commissioners of the * Nebraska Public Service Commission; * Gerald L. Vap, Commissioner, in their * official capacities as Commissioners of * the Nebraska Public Service * Commission; * * Defendants - Appellees. * ___________

Submitted: December 12, 2005 Filed: August 23, 2006 ___________

-2- Before MELLOY, COLLOTON and BENTON, Circuit Judges. ___________ MELLOY, Circuit Judge.

Both sides appeal a district court1 judgment affirming in part and reversing in part two rulings from the Nebraska Public Service Commission (“Commission”) under 47 U.S.C. § 252(e)(6), a section of the Telecommunications Act of 1996 (“Act”). In the first ruling, the Commission ordered amendments to an interconnection agreement between Great Plains Communications, Inc. (“Great Plains”), an incumbent local exchange carrier, and WWC License, L.L.C. (“Western Wireless” or “Western”), a competitive wireless carrier. In the second ruling, the Commission approved the amended agreement. The rulings dealt with various issues including: the duty to interconnect the two parties’ telephone networks under 47 U.S.C. § 251(a); the scope of the incumbent’s statutory dut

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