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MATTER OF REGULATION OF RATES

No. 15349.

699 P.2d 1072 (1985)

102 N.M. 720

In the Matter of the REGULATION OF RATES, TERMS AND CONDITIONS FOR the PROVISION OF POLE ATTACHMENT SPACE TO CABLE TELEVISION SYSTEMS BY TELEPHONE COMPANIES: LAS CRUCES TV CABLE and New Mexico Cable Television Association, Intervenors-Appellants, v. NEW MEXICO CORPORATION COMMISSION, Respondent, Mountain States Telephone & Telegraph Company, General Telephone Company of the Southwest, Intervenors.

Supreme Court of New Mexico.

May 13, 1985.

Attorney(s) appearing for the Case

Poole, Tinnin & Martin, Robert C. Poole, Albuquerque, Hogan & Hartson, Gardner F. Gillespie, Paul Glist, Sylvia S. Winik, Washington, for appellants, New Mexico Cable Television Association.

Campbell & Black, Bruce D. Black, Santa Fe, Fletcher, Heald & Hildreth, David G. Rozzelle, Dan J. Alpert, Washington, for Las Cruces TV Cable.

Maureen A. Sanders, Gen. Counsel, Santa Fe, Paul Bardacke, Atty. Gen., Michael Barlow, Asst. Atty. Gen., Santa Fe, for Corporation Commission.

Sutin, Thayer & Browne, Richard L.C. Virtue, Santa Fe, T.M. Ledingham, Albuquerque, for Mountain States Telephone & Telegraph.

Stephenson, Carpenter, Crout & Olmsted, Bill Templeman, Santa Fe, William G. Mundy, Ward W. Wueste, Jr., San Angelo, for General Telephone Co. of the Southwest.

OPINION

STOWERS, Justice.

This appeal arose from the entry of a final order issued by the New Mexico Corporation Commission (Commission) on January 26, 1984, regarding the regulation by the Commission of the rates, terms, and conditions by which cable television systems make attachments to telephone utility poles in New Mexico. In its order the Commission ruled that it has jurisdiction over cable television attachments to telephone utility poles. Intervenors...

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