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Submitted: February 15, 2012

Before RILEY, Chief Judge, WOLLMAN and SMITH, Circuit Judges.

The Minnesota Public Utilities Commission (commission) entered an order requiring Qwest Corporation, a successor Bell operating company (BOC), to submit*fn1 for review and approval a price list and supporting rationale for certain telecommunication network facilities 47 U.S.C. § 271 requires Qwest to provide to its Minnesota competitors. Qwest sought judicial review and declaratory relief in the district court, arguing the commission’s order was preempted by the Telecommunications Act of 1996 (Act), Pub. L. No. 104–104, 110 Stat. 56 (codified as amended in scattered sections of Title 47 of the United States Code). The district court concluded federal law and regulations did not preempt the commission’s order. We disagree and reverse.

 
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