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APPEAL OF N.E. CABLE TELEVISION ASSOC.

No. 84-173.

126 N.H. 149 (1985)

APPEAL OF NEW ENGLAND CABLE TELEVISION ASSOCIATION (New Hampshire Public Utilities Commission).

Supreme Court of New Hampshire.

February 21, 1985.

Attorney(s) appearing for the Case

Orr & Reno P.A., of Concord (Thomas D. Rath and Mary N. Wilke on the brief, and Mr. Rath orally), for the New England Cable Television Association.

Ransmeier & Spellman, of Concord (Dom S. D'Ambruoso and Joseph S. Ransmeier on the brief, and Mr. D'Ambruoso orally), for Concord Electric Company.

BROCK, J.

The issue in this appeal is whether the New Hampshire Public Utilities Commission (PUC) has authority to regulate the rates, terms, and conditions for attachments made by cable television companies to poles owned or controlled by public utilities. The PUC, in a two-to-one decision, ruled that it did have such authority. For the reasons that follow, we reverse.

The procedural history of this case is brief. Concord Electric Company (the Company) in...

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