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AMERICAN PHONE v. NORTHWESTERN BELL TEL.

No. 16037.

437 N.W.2d 175 (1989)

AMERICAN PHONE INCORPORATION d/b/a Phone American of South Dakota, Plaintiff and Appellee, v. NORTHWESTERN BELL TELEPHONE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 8, 1989.

Attorney(s) appearing for the Case

David C. Humphrey, Yankton, for plaintiff and appellee.

Mary Vanderpan, Public Utilities Commission, Pierre, for the commission; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Jeremiah D. Murphy, Thomas J. Welk of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, William P. Heaston, Allan L. Grauer of Northwestern Bell Telephone Co. Legal Dept., Omaha, Neb., for defendant and appellant.

STEELE, Circuit Judge.

Pursuant to SDCL 49-13, America Phone Incorporation (Phone America) filed a complaint with the South Dakota Public Utilities Commission (PUC) contending that the amount Northwestern Bell Telephone (Northwestern Bell) billed Phone America for Feature Group A (FGA) service was more than Northwestern Bell originally represented. On appeal the sole issue is whether the PUC had jurisdiction over this complaint. We conclude that the subject of the...

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