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CHESAPEAKE & POTOMAC, ETC. v. PUBLIC SERV.

No. 11027.

378 A.2d 1085 (1977)

The CHESAPEAKE AND POTOMAC TELEPHONE CO., Petitioner, v. PUBLIC SERVICE COMMISSION, Respondent, The Atlantic Telephone Co., Inc., People's Counsel, Intervenors.

District of Columbia Court of Appeals.

Decided September 29, 1977.

Attorney(s) appearing for the Case

Michael J. Morrissey, Washington, D.C., with whom Robert A. Levetown, Alfred W. Whittaker, and Lee A. Satterfield, Washington, D.C., were on the brief, for petitioner.

Linus H. Deeny, Asst. Corp. Counsel, Washington, D.C., with whom John R. Risher, Jr., Corp. Counsel, and Louis P. Robbins, Principal Deputy Corp. Counsel, Washington, D.C., were on the brief, for respondent.

Robert Jacobi, Washington, D.C., for intervenor, The Atlantic Telephone Co., Inc. Edwin B. Spievack and Ruth S. Baker, Washington, D.C., were on the brief.

Annice M. Wagner, Washington, D.C., for intervenor, People's Counsel.

Before GALLAGHER, YEAGLEY and MACK, Associate Judges.

GALLAGHER, Associate Judge:

This is an appeal from an order of the Public Service Commission (Commission) which has the effect of denying petitioner, the Chesapeake and Potomac Telephone Co. (C&P), the right to initiate and make effective a rate for a "new service,"1 the DIMENSION ® PBX, without prior Commission approval.2 C&P contends that the Commission does not have the statutory authority to...

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