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MOUNTAIN STATES TEL. & TEL. v. P.U.C.

No. 86SA319.

763 P.2d 1020 (1988)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado Corporation, Plaintiff-Appellant, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO and Edythe S. Miller, Andra Schmidt and Ronald L. Lehr, Defendants-Appellees, and Colorado Municipal League; Staff of the Colorado Public Utilities Commission; and Colorado Office of Consumer Counsel, Co-Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 28, 1988.

Attorney(s) appearing for the Case

Coleman M. Connolly, Mary C. Snow, Kathryn Marie Krause, and Russell P. Rowe, Denver, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Eugene C. Cavaliere, Deputy Atty. Gen., Mark A. Davidson, Asst. Atty. Gen., Denver, for defendants-appellees.

Dudley P. Spiller, Jr., Joseph B. Wilson, Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, for the Colorado Mun. League.

Anthony Marquez, Asst. Atty. Gen., Denver, for Colorado Office of Consumer Counsel.

MULLARKEY, Justice.

Prior to January 1, 1984, the Mountain States Telephone and Telegraph Company (Mountain Bell) regularly published telephone directories, including White and Yellow Pages, for the use of its customers. Mountain Bell included the publishing assets in its base for ratemaking purposes. Mountain Bell's publishing revenues, particularly the profits from Yellow Pages advertising, were used to further the goal of universal telephone service by subsidizing...

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