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FIELDS v. DAVIS

571 P.2d 511 (1977)

Ray Andrew FIELDS, Dba Autofone Co., Appellant, v. Charles DAVIS, Public Utility Commissioner of Oregon, Respondent, Pacific Northwest Bell Telephone Co., Intervenor-Respondent.

Court of Appeals of Oregon.

Decided November 15, 1977.

Attorney(s) appearing for the Case

Dennis H. Elliott, Portland, argued the cause for appellant. With him on the appellant's reply brief was O'Connell, Goyak & Haugh, P.C., Portland. Henry Kane, Beaverton, filed the appellant's brief.

Bruce R. DeBolt, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Lloyd G. Hammel, Jr., Seattle, Wash., argued the cause and filed the brief for intervenor-respondent.

Dennis H. Elliott and O'Connell, Goyak & Haugh, P.C., Portland, filed a brief amicus curiae for Empire Mobilcomm Systems, Inc.

Before SCHWAB, C.J., and LEE and TANZER, JJ.

LEE, Judge.

Petitioner appeals from the trial court's order affirming the decision of the Public Utility Commissioner (Commissioner) as to the legality of several aspects of petitioner's relationship with Pacific Northwest Bell (PNB).

Petitioner operates a public land mobile radio service, and is licensed by the Federal Communications Commission (FCC) as a miscellaneous common carrier.1

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