Facts Relevant to Motion to Dismiss^ Many rural communities across the United States lack access to quality and affordable voice and broadband services. For the reasons explained herein, this Court grants in part and denies in part Defendants' Motion to Dismiss. The Defendants have rtioved to dismiss all of Venture's claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Venture also alleges that Defendants engaged in tortious interferenee with business expectancy, fraud, and unfair competition aetionable under South Dakota law. § 220(e), entitling it to relief under 47 U.S.C.
Venture alleges that Defendants have violated 47 U.S.C. Both defendant telecommunications conipanies provide voice and broadband services in South Dakota. § 61.26(a)(1) (defining a "competitive local exchange carrier" as a local exchange carrier that provides some or all of the interstate exchange access services used to send traffic to or from an 1 Doc. ^ A competitive local exchange carrier is a telecommunications company that competes with established carriers, usually incumbent local exchange carriers in the area. § 251(h)(1)(defining an "incumbent local exchange carrier" st$ the local exchange carrier that provided telephone exchange service with respect to an area as of February, 8, 1996 and was a member pr the successor or assign of a member of the exchange carrier association as of February 8, 1996). James Valley is also an incumbent local exchange carrier, while Northern Valley is a competitive local exchange carrier.^ ' An incumbent local exchange carrier is a telecommunications company that provided local service before the passage ofthe Telecommunications Act of 1996,Pub. Venture is an incumbent local exchange carrier^ that provides voice and broadband services in rural South Dakota. ("Venture") sued Defendants James Valley Cooperative Telephone Company("James Valley")and Northern Valley Communications, LLC ("Northern Valley"). Plaintiff Venture Communications Cooperative, Inc. JAMES VALLEY COOPERATIVE TELEPHONE COMPANY,and NORTHERN VALLEY COMMUNICATIONS, LLC, Defendants. 20 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION 3:20-CV-3011-RAL VENTURE COMMUNICATIONS COOPERATIVE,INC., Plaintiff, OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS vs. James Valley Cooperative Telephone Company et al Doc.
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