Justia Communications Law Opinion Summaries

Articles Posted in Wyoming Supreme Court
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The Supreme Court affirmed the order of the district court affirming the judgment of the Board of County Commissioners of Park County approving Trial County Telephone Association, Inc.'s (TCT) application for a special use permit to construct a 150-foot broadband communications tower in Park County, holding that the Board did not arbitrarily or capriciously in approving the application.Specifically, the Supreme Court held (1) the Board had a rational basis to conclude that the proposed was not oversized, and therefore, the Board's approval of TCT's application did not violate Park County development regulations; and (2) the Park County regulations did not require the Board to consider alternative sites for a project before approving a special use permit, and it therefore did not act arbitrarily or capriciously in approving the application without considering alternative locations for the proposed tower. View "Jolovich v. Board of County Commissioners of Park County" on Justia Law

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The Supreme Court affirmed the order of the Wyoming Public Service Commission (PSC) administering the Wyoming Universal Service Fund (WUSF) for the 2020-2021 fiscal year, holding that the PSC's order was lawful.It issue was the interplay between the Federal Universal Service Fund (FUSF) and the WUSF. The PSC's order adopted a methodology for calculating WSFU disbursements that treated a portion of the 2019 support each Wyoming telecommunications company received from the federal Alternative Connect America Cost Model programs as contributions from the FUSF. Union Telephone Company filed a petition for review, asserting that the order rejected existing law and materially prejudiced Union. The Supreme Court affirmed, holding (1) collateral estoppel did not bar the PSC from adopting a WUSF calculation methodology that considered the A-CAM funds to be FUSF contributions; (2) the PSC's order was lawful; and (3) Union's remaining claims of error were unavailing. View "Union Telephone Co. v. Wyoming Public Service Commission" on Justia Law

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The Supreme Court reversed the district court’s grant of summary judgment in favor of the Jackson Hole Airport Board (Board) in this action brought by Wyoming Jet Center, LLC seeking access to certain records held by the Board, holding that the district court erred in ruling that the Board was not subject to the record disclosure requirements of the Wyoming Public Records Act (WPRA).In ruling in the Board’s favor, the district court concluded that the Special District Public Records and Meetings Act governed the Board’s record disclosure requirements, not the WPRA. The Supreme Court reversed, holding (1) the Special District Act defines neither the Board’s record retention requirements nor its disclosure requirements; and (2) the WPRA governed the Board’s public record disclosure requirements. View "Wyoming Jet Center, LLC v. Jackson Hole Airport Board" on Justia Law