DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112590P.pdf 07/12/2012 Qwest Corporation v. MN Public Utilities Comm.
U.S. Court of Appeals Case No: 11-2590
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Author, with Wollman and Smith, Circuit Judges]
Civil case - Telecommunications. Under the Telecommunications Act
of 1996, state commissions may not impose Section 271 pricing
requirements under the auspices of state law, and the congressional
silence as to specific method of setting rates within Section 271 does not
demonstrate that Congress intended to preserve state-law authority to set
rates for network elements first required as part of Section 271; the Public
Utilities Commission's order impermissibly intrudes on federal authority
to regulate rates for elements under Section 271,and its order is
preempted by the Act and the FCC's implementing regulations and
rulings.