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MTR OF MCI v. PUB. SERV.

108 A.D.2d 289 (1985)

In the Matter of Mci Telecommunications Corporation, Petitioner, and New York State Consumer Protection Board, Intervenor-Petitioner, v. Public Service Commission of the State of New York et al., Respondents. (And Two Other Related Proceedings.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1985

Attorney(s) appearing for the Case

Morrison & Forester (Henry D. Levine and Brian Busey of counsel), and McNamee, Lochner, Titus & Williams, P. C. (George F. Carpinello of counsel), for MCI Telecommunications Corporation, petitioner.

Reboul, MacMurray, Hewitt, Maynard & Kristol (Robert L. Sills, Robert M. Peak and Richard J.J. Scarola of counsel), and Deborah A. Dupont for GTE Sprint Communications Corporation, petitioner.

Frank M. Steadman, Jr., and Dorothy F. Gray for AT&T Communications of New York, Inc., petitioner.

David E. Blabey (Margery F. Baker of counsel), for Public Service Commission of the State of New York, respondent.

John M. Clarke, Gerald E. Murray and Campbell L. Ayling for New York Telephone Company, respondent.

Read & Laniado (Sam Laniado of counsel), for Warwick Valley Telephone Company, respondent.

Joel Blau and Philip Shapiro for New York State Consumer Protection Board, petitioner-intervenor.

MAHONEY, P. J., CASEY and WEISS, JJ., concur.

LEVINE, J.

The instant proceedings have their genesis in two historic, modern developments in the telecommunications industry in the United States. The first of these was the entry in the early 1970s of independent carrier companies, commonly referred to as other common carriers (OCCs), into the long-distance telecommunications market theretofore monopolized by American Telephone and Telegraph Company (ATT)...

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