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WILLIAMS v. PUBLIC SERVICE COM'N OF UTAH

Nos. 860313, 860314 and 860517.

754 P.2d 41 (1988)

David R. WILLIAMS, dba Industrial Communications, Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH: Brent H. Cameron, Commissioner; James M. Byrne, Commissioner; Brian T. Stewart, Commissioner, Defendants. David R. WILLIAMS, dba Industrial Communications, Plaintiff and Respondent, v. AMERICAN PAGING, INC., OF UTAH, a corporation, Defendant and Appellant. MOBILE TELEPHONE, INC., a corporation, Plaintiff and Respondent, v. AMERICAN PAGING, INC., OF UTAH, a corporation, Defendant and Appellant.

Supreme Court of Utah.

March 10, 1988.

Attorney(s) appearing for the Case

Keith E. Taylor, Michael L. Larsen, Brinton R. Burbidge, Salt Lake City, for Williams.

David L. Stott, Laurie L. Noda, Salt Lake City, for Public Service Comn.

Ted D. Smith, Salt Lake City, for Mountain States Tel. and Tel. Co.

David L. Wilkinson, Michael L. Ginsberg, Salt Lake City, for Div. of Public Utilities.

Patrick J. Oshie, Salt Lake City, for Committee of Consumer Services.

W.L. Johnson, Phoenix, for AT & T Communications.

Stuart L. Poelman, Larry R. Laycock, Salt Lake City, for American Paging.

Stephen R. Randle, Salt Lake City, for Page America.

Bryan L. McDougal, Salt Lake City, for Utah Cable TV Assn.

Kay M. Lewis, Salt Lake City, for Mobile Telephone.

Gregory Monson, William Christensen, Salt Lake City, for NewVector Communications, Inc.

DURHAM, Justice:

This proceeding consolidates a petition for review of a rule formulated by the Public Service Commission of Utah (PSC), a petition for review of the PSC's denial of an application for a certificate of public convenience and necessity (certificate), and an appeal in a Third District Court civil action for damages. Common to each of these actions is the propriety of the PSC's conclusion in both proceedings before it that it has no jurisdiction to regulate...

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