Consolidated Telephone v. Western Wireless Corporation

20010146

Consolidated Telephone
Cooperative, Plaintiff and Appellant v.
Western Wireless Corporation, Defendant and Appellee
and
North Dakota Public Service
Commission, Defendant

Appeal from:

District Court, South Central Judicial District, Burleigh County
Judge Gail H. Hagerty

Nature of Action:

Administrative Proceeding

Counsel:

Appellant:		Hardy, Maus & Nordsven, P.C.
Appellee:		Kelsch, Kelsch, Ruff & Kranda
Appellee:		Lawyer not licensed in N.D.
Appellee:		Lawyer not licensed in N.D.
Appellant:		Pringle & Herigstad, P.C.

Term:

10/2001 Argument: 10/30/2001 10:45am

ND cite:

2001 ND 209

NW cite:

637 N.W.2d 699

Listen to recording of oral argument
using RealPlayer Basic,^© a free download.

Issues:

Appellant's Statement of the Issues:
1. Is Western Wireless Corporation's WRS offering in Regent a radio-communications station which ordinarily does move and therefore a mobile service exempt from entry regulation by the PSC?
ANSWER: No. Although transportable, Western Wireless and its customers intended that the device remain stationary and it does not ordinarily move.
2. Did the North Dakota Public Service Commission err in concluding that it was federally preempted from requiring Western Wireless Corporation to obtain a Certificate of Public Convenience and Necessity for its WRS offering in Regent, North Dakota?
ANSWER: Yes.

Appellee's Statement of the Issues:
1. Whether the North Dakota Public Service Commission's determination that Western Wireless Corporation's wireless residential service is a commercial mobile radio service is supported by a preponderance of the evidence and in accordance with law.
2. Whether the North Dakota Public Service Commission's determination that the State is preempted by federal law from requiring Western Wireless Corporation to obtain a certificate of public necessity and convenience comports with 47 U.S.C. 332(c)(3)(A), which prohibits a State from regulating the rates and entry of commercial mobile radio service.

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Docket entries:

1	06/07/2001	NOTICE OF APPEAL: 06/01/2001
2	06/07/2001	ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
3	07/05/2001	RECORD ON APPEAL (w/separates 9(adm. record) & 28(supp. adm. record)
4	07/05/2001	APPELLANT APPENDIX
5	07/09/2001	DISK - tra (2 disks) (3-10-99 & 9-26-00)
6	07/12/2001	APPELLANT BRIEF
7	07/13/2001	DISK - ATB
8	08/02/2001	MOTION FOR ADMISSION TO PRACTICE AND AFFIDAVIT IN SUPPORT FOR MARK J. AYOTTE
9	08/02/2001	ACTION BY CLERK (Motion to Practice). Granted
10	08/14/2001	APPELLEE BRIEF
11	08/14/2001	DISK - AEB
12	08/29/2001	REPLY BRIEF of Appellant
13	08/30/2001	DISK - RYB
14	09/18/2001	MOTION FOR ADMISSION TO PRACTICE & AFFIDAVIT OF LISA M. AGRIMONTI
15	09/18/2001	ACTION BY CLERK. Granted
16	09/25/2001	SITTING WITH THE COURT: Bohlman, Bruce E.
17	09/26/2001	Request for Radio/TV Coverage - ND Public Radio (e-mail from Jack McDonald) AUTHORIZED
18	10/08/2001	Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 10-01-01) (AUTHORIZED)
19	10/30/2001	APPEARANCES: Michael J. Maus, Michael A. Bosh / Mark J. Ayotte, Thomas D. Kelsch
20	10/30/2001	ARGUED: Maus; Ayotte (Vol. X; Page 172)
21	10/30/2001	ORAL ARGUMENT WEBCAST
22	12/28/2001	DISPOSITION: AFFIRMED
23	12/28/2001	UNANIMOUS OPINION: Neumann, William A.
24	12/28/2001	Costs taxed in favor of Western Wireless Corporation
25	12/28/2001	Judgment Mailed to Parties
26	01/22/2002	MANDATE
27	01/25/2002	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28	09/05/2007	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/20/2009