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CINCINNATI BELL TEL. CO. v. P.U.C. UTIL. COMM.

Nos. 83-392, 83-733 and 83-1595.

12 Ohio St. 3d 280 (1984)

CINCINNATI BELL TELEPHONE COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. (TWO CASES.) OFFICE OF CONSUMERS' COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 25, 1984.

Attorney(s) appearing for the Case

Messrs. Frost & Jacobs, Mr. Mark H. Longenecker, Jr., Mr. David C. Horn, Mr. Earl R. Huffman and Mr. William D. Baskett, III, for Cincinnati Bell Telephone Co.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Robert S. Tongren, Mr. Jonathan L. Heller and Mr. Martin J. Marz, for Public Utilities Commission.

Mr. William A. Spratley, consumers' counsel, Ms. Janine L. Migden, Mr. Lawrence F. Barth and Mr. Bruce J. Weston, for Consumers' Counsel.

Messrs. Schneider, Prohaska & Sams and Mr. J. Raymond Prohaska, urging reversal for amicus curiae, Ohio Telephone Assn. in case No. 83-392.

Per Curiam.

Case No. 83-392

In its first three propositions of law, CBT challenges the validity of the commission's March 9, 1983 entry on rehearing whereby CBT was ordered to establish whole life depreciation schedules. CBT maintains that the right of state public utilities commissions to prescribe their own depreciation rates for intrastate ratemaking purposes was preempted by the FCC on January 6, 1983. On that date, the FCC released a memorandum...

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