STATE v. SOUTHERN BELL TEL. & TEL. CO.

Nos. 861OUC427, 861OUC610.

363 S.E.2d 73 (1987)

88 N.C. App. 153

STATE of North Carolina ex rel. UTILITIES COMMISSION, MCI Telecommunications Corporation and U.S. Sprint Communications Company v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY; the Public Staff; AT & T Communications, Inc.; Central Telephone Company; Alltel Carolina, Inc.; General Telephone Company of the Southeast; Carolina Telephone Company; Telecommunications Systems, Inc.; Carolina Utility Customers Association; Attorney General of the State of North Carolina; and North Carolina Long Distance Association. STATE of North Carolina ex rel. UTILITIES COMMISSION, MCI Telecommunications Corporation and U.S. Sprint Communications Company v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, the Public Staff; Central Telephone Company; Alltel Carolina, Inc.; General Telephone Company of the Southeast; Carolina Telephone Company; Telecommunications Systems, Inc.; Carolina Utility Customers Association; Attorney General of the State of North Carolina; and North Carolina Long Distance Association.

Court of Appeals of North Carolina.

December 22, 1987.


Attorney(s) appearing for the Case

Public Staff Executive Director Robert P. Gruber by Chief Counsel Antoinette R. Wike, Raleigh, for appellee, North Carolina Utilities Commission.

Sanford, Adams, McCullough & Beard by Charles C. Meeker and Gary S. Maines, Raleigh (Michael M. Ozburn, of counsel), Atlanta, Ga., for plaintiff-appellant, MCI Telecommunications Corp.

Rita A. Barmann, Reboul, MacMurray, Hewitt, Maynard & Kristol by Deborah A. Dupont, Washington, D.C. and Poyner & Spruill by J. Phil Carlton and Nancy Bentson Essex, Raleigh, for plaintiff-appellant, U.S. Sprint Communications Co.

Hunton & Williams by Edward S. Finley, Jr., and Grady L. Shields, Raleigh, and Gen. Counsel J. Billie Ray, Jr., Charlotte, for appellee, Southern Bell Tel. and Tel. Co.

Tharrington, Smith & Hargrove by Wade H. Hargrove and Gene V. Coker, Raleigh, for appellee, AT & T Communications of the Southern States, Inc.

Sr. Atty. Jack H. Derrick and Vice President-Gen. Counsel & Secretary Dwight W. Allen, Tarboro, for appellee, Carolina Tel. and Tel. Co.

General Counsel John Jordan, Raleigh, and Walter E. Daniels and Linda Markus Daniels, RTP, for North Carolina Long Distance Association.


COZORT, Judge.

These appeals arise from orders of the North Carolina Utilities Commission introducing competition into the North Carolina intrastate long distance telecommunications market following the federal court ordered breakup of the American Telephone and Telegraph Company. The specific orders appealed from (1) directed certain long distance carriers to pay compensation for the unauthorized transmission of some long...

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