CONSUMER COUNSEL v. PUBLIC UTIL. COM'N

No. 88SA451.

786 P.2d 1086 (1990)

COLORADO OFFICE OF CONSUMER COUNSEL, Petitioner-Appellant, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado; and Arnold H. Cook, Andra Schmidt, and Ronald L. Lehr, Commissioners; and The Mountain States Telephone and Telegraph Company, Respondents-Appellees, and The Colorado Municipal League; Competitive Telecommunications Association; The Colorado Association of Radio Common Carriers; Colorado Ski Country U.S.A.; The Department of Defense and other Federal Executive Agencies; US Sprint Communications Corporation; The Agate Mutual Telephone Exchange, Big Sandy Telecommunications, Inc., The Bijou Telephone Cooperative Association, Inc., Columbine Telephone Company, Delta County Cooperative Telephone Company, Eastern Slope Rural Telephone Company, Inc., Farmers Mutual Telephone Company, Sunflower Telephone Company, Inc., Wiggins Telephone Association, Nucla-Naturita Telephone Company, Pine Drive Telephone Company, doing business as JED Enterprises, Inc., The S & T Telephone Cooperative Association, Inc., and Universal Telephone Company of Colorado; and AT & T Communications of the Mountain States, Inc., Intervenors-Appellees. The COLORADO MUNICIPAL LEAGUE and Comptel of Colorado and Wyoming, Plaintiffs-Appellants, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado; and Arnold H. Cook, Andra Schmidt, and Ronald L. Lehr, Commissioners, Defendants-Appellees, and The Mountain States Telephone and Telegraph Company; The Staff of the Commission; The Colorado Office of Consumer Counsel; AT & T Communications; U.S. Sprint; MCI; Denver Burglar Alarm; Colorado Ski Country; Agate Mutual Telephone Exchange, et al., The Colorado Association of Radio Common Carriers, and The Secretary of Defense, Co-defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 5, 1990.


Attorney(s) appearing for the Case

Anthony Marquez, First Asst. Atty. Gen., and Sue E. Weiske, Asst. Atty. Gen., Denver, for petitioner-appellant.

John E. Archibold, Denver, for The Public Utilities Com'n of the State of Colo.

Eiberger, Stacy, Smith & Martin, David Stacy, David H. Jett and Russell P. Rowe, Denver, for Mountain States Tel. and Tel. Co.

Gorsuch, Kirgis, Campbell, Walker and Grover, Joseph B. Wilson and Dudley Spiller, Jr., Denver, for Colorado Mun. League and Comptel of Colorado and Wyoming.

Ireland, Stapleton, Pryor & Pascoe, Tucker K. Trautman, George D. Rosenberg and T. Larry Barnes, Denver, for AT & T Communications of the Mountain States, Inc.

William Levis and Mark N. Jason, Denver, for MCI Telecommunications.

No appearance by intervenors-appellees Competitive Telecommunications Ass'n, The Colorado Ass'n of Radio Common Carriers, Colorado Ski Country U.S.A., The Dept. of Defense and Other Federal Executive Agencies, US Sprint Communications Corp., The Agate Mutual Telephone Exchange, Big Sandy Telecommunications, Inc., The Bijou Telephone Co-op Ass'n, Inc., Columbine Telephone Co., Delta County Co-op Telephone Co., Eastern Slope Rural Telephone Co., Inc., Farmers Mut. Telephone Co., Sunflower Telephone Co., Inc., Wiggins Telephone Ass'n, Nucla-Naturita Telephone Co., Pine Drive Telephone Co., d/b/a JED Enterprises, Inc., The S & T Telephone Co-op. Ass'n, Inc. and Universal Telephone Co. of Colorado.

No appearance for co-defendants-appellees US Sprint, Denver Burglar Alarm, Colorado Ski Country, Agate Mut. Telephone Exchange, et al., The Colorado Ass'n of Radio Common Carriers and The Secretary of Defense.


Justice ERICKSON delivered the Opinion of the Court.

This is an appeal from the order of the Denver District Court denying relief and affirming the decisions of the Colorado Public Utilities Commission (Commission) in a major restructuring of telephone rates. See § 40-6-115(5), 17 C.R.S. (1984). The appellants1 claim that the Commission's action in generally approving Mountain States Telephone and Telegraph Company's

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