The Va. Supreme Court ruled the state Corporation Commission acte...
The Va. Supreme Court ruled the state Corporation Commission acted lawfully late last year when it denied Level 3 Communications of Va. retroactive state operating authority needed to secure network facilities previously built by its corporate parent. The state’s…
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highest court (Case 04-0481) said the commission acted consistently with state and federal law and its own rules when it rejected Level 3’s certification request. The commission in its Nov. 2003 ruling said the facilities were built without obtaining state construction authority and the company showed disregard for concerns raised by property owners along the route. The commission had concluded the construction project didn’t serve the public convenience and necessity. The Level 3 operating unit said the commission’s issues with its parent’s construction project didn’t constitute a lawful reason for denying its request to provide telecom services. But the court said the commission had acted in a manner consistent with statutes and hadn’t improperly applied the legal public interest standard. As to the claim that the commission had violated its own rules, the court said it generally gives deference to an agency’s interpretation of how its rules apply to a specific situation and that Level 3 hadn’t raised any issues to cause the court to deny that deference in this case.