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DIAL-A-PAGE, INC. v. BISSELL

823 S.W.2d 202 (1991)

DIAL-A-PAGE, INC., Petitioner, v. Keith BISSELL, Chairman, Frank D. Cochran, Commissioner, and Steve Hewlett, Commissioner, Constituting the Tennessee Public Service Commission; A-1 Communications, Inc.; U.S. Central, Inc.; McCaw Paging, One, Inc.; Deadrick Paging Company, Inc.; Jackson Mobilephone, Inc.; Dial Page, L.P.; Mobilcomm of Memphis, Inc.; Telepage of Nashville, Inc., Lebanon Mobile Phone, Inc.; Telpage of Tennessee, Inc.; and South Central Bell Telephone Company, Respondents.

Court of Appeals of Tennessee, Western Section, at Nashville.

Permission to Appeal Denied September 23, 1991.

Attorney(s) appearing for the Case

Val Sanford and Todd J. Cambell, Nashville, for petitioner, Dial-A-Page, Inc.

J. Clarence Evans, Nashville, for respondent, Jackson MobilePhone, Inc.

Jess D. Campbell, Knoxville, for respondent, Deadrick Paging Co., Inc.

Charles W. Burson and Pamela Bingham Broussard, Nashville, for respondent Tenn. Public Service Com'n.

Roland M. Lowell, and D. Randall Mantooth, Nashville, for respondent Dial Page, L.P.

Raymond Whiteaker, Nashville, for respondent South Cent. Bell Tel. Co.

T.G. Pappas, Nashville, for respondents Mobilecomm of Memphis, Inc., Telepage of Nashville, Inc., Lebanon MobilePhone, Inc., and Telepage of Tennessee, Inc.

Permission to Appeal Denied by Supreme Court September 23, 1991.

HIGHERS, Judge.

Dial-A-Page, Inc. brings this appeal seeking the reversal of an order by the Tennessee Public Service Commission (Commission) issued in response to a motion for a declaratory ruling regarding the Commission's interpretation of T.C.A. § 65-30-105 of the Tennessee Radio Common Carrier Act (RCC Act). The Commission stated in its order of May 23, 1990 that pursuant to the RCC...

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