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TELECOMMUNICATIONS v. PUBLIC SERV. COM'N

Nos. 860124, 860285 and 860400.

747 P.2d 1029 (1987)

TELECOMMUNICATIONS RESELLERS OF UTAH, Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH Brent H. Cameron, Chairman; James M. Byrne, Commissioner; Brian T. Stewart, Chairman, Defendants. TEL-AMERICA OF SALT LAKE CITY, INC., Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH Brent H. Cameron, Chairman; James M. Byrne, Commissioner; Brian T. Stewart, Chairman, Defendants.

Supreme Court of Utah.

November 30, 1987.

Attorney(s) appearing for the Case

Stanley K. Stoll, Stephen Roth, Jerry D. Fenn, Salt Lake City, for Tel-America of Salt Lake City.

Bryan McDougal, Salt Lake City, for Telecommunications Resellers of Utah.

David L. Stott, Laurie L. Noda, Salt Lake City, for Public Service Com'n.

David L. Wilkinson, Michael L. Ginsberg, Brian W. Burnett, Sandy Mooy, Salt Lake City, for Utah Division of Public Utilities.

William P. Eigles, Denver, for AT & T Communications.

James J. Cassity, Brinton R. Burbidge, Salt Lake City, for Utah Independent Exchange Carriers.

Stephen R. Randle, Salt Lake City, Gary Witt, Stuart L. Poelman, Richard C. Ehnert, Denver, for AT & T Communications of the Mountain States.

A. Robert Thorup, Salt Lake City, GTE-Sprint Communication Corp.

David E. Salisbury, Salt Lake City, for Mountain Bell.

John W. Horsley, Salt Lake City, for Continental Telephone Co.

Arthur Brothers, Lakepoint, Utah, for Beehive Telephone Co.

Randy L. Dryer, Salt Lake City, for MCI Telecommunications Corp.

Kay M. Lewis, Salt Lake City, for Mobile Telephone Inc., and Mobile Telephone of Southern Utah, Inc.

Ted D. Smith, Floyd A. Jensen, Salt Lake City, for Mountain States Tel. & Tel. Co.

DURHAM, Justice:

Telecommunications Resellers of Utah and others petition this Court to review a Public Service Commission of Utah (PSC) order requiring payment of access tariffs by nonfacility-based long distance resellers in the telecommunications industry for their use of local networks owned by Mountain Bell and other independent telephone companies.

The issue before the Court is whether the PSC acted arbitrarily or capriciously in determining the tariff...

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