STATE of North Carolina ex rel. UTILITIES COMMISSION, AT & T Communications of the Southern States, Inc., Central Telephone Company—North Carolina, GTE South, Inc., Carolina Telephone and Telegraph Company, Southern Bell Telephone and Telegraph Company, the Attorney General of North Carolina, and the Public Staff—Utilities Commission, Appellees,
v.
CENTEL CELLULAR COMPANY, Raleigh/Durham MSA Limited Partnership, Fayetteville MSA Limited Partnership, TeleSpectrum, Inc., Centel Cellular Company of North Carolina, Carolina Metronet, Inc., Triad Metronet, Inc., Fayetteville Cellular Telephone Company, McCaw Cellular Communications, Inc., Metro Mobile CTS of Charlotte, Inc., Vanguard Cellular Systems, Inc., and GTE Mobile Communications Incorporated, Appellants,
United States Cellular Corporation of North Carolina, Cross-Appellant.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
August 20, 1991.
August 20, 1991.
Attorney(s) appearing for the Case
Robert P. Gruber, Executive Director, Antoinette Wike, Chief Counsel, by Robert B. Cauthen, Jr., Staff Atty., Raleigh, for Public Staff—North Carolina Utilities Com'n, appellee.
Vice President-Administration/General Counsel Dwight W. Allen and Sr. Atty. Jack H. Derrick, Tarboro, for Carolina Tel. & Tel. Co., appellee.
Brooks, Pierce, McLendon, Humphrey & Leonard, by Jerry W. Amos, Greensboro, and Gen. Atty. Edward L. Rankin, III, Charlotte, and Gen. Atty. David M. Falgoust, Atlanta, for Southern Bell Tel. & Tel. Co., intervenor-appellee.
Attorney General Lacy H. Thornburg, by Asst. Atty. Gen., Karen E. Long, Raleigh, intervenor-appellee.
Crisp, Davis, Schwentker, Page & Currin, by Robert F. Page, Raleigh, for Centel Cellular Co., Raleigh/Durham MSA Ltd. Partnership, Fayetteville MSA Ltd. Partnership, TeleSpectrum, Inc., and Centel Cellular Co. of North Carolina, appellants.
Parker, Poe, Adams & Bernstein, by Henry C. Campen, Jr., Raleigh, for GTE Mobile Communications Inc., Vanguard Cellular Systems, Inc., Carolina Metronet, Inc., Triad Metronet, Inc., and Fayetteville Cellular Telephone Co., appellants.
Law offices of Mitchell Willoughby, by John F. Beach and Mitchell Willoughby, Columbia, and Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog, by Robert W. Kaylor, Raleigh, for Metro Mobile CTS of Charlotte, Inc., intervenor-appellants.
James E. Holshouser, Pinehurst, and Law Offices of Mitchell Willoughby, by Mitchell Willoughby and John F. Beach, Columbia, for McCaw Cellular Communications, Inc., intervenor-appellant.
No brief filed for U.S. Cellular Corp. of North Carolina, cross-appellant.
Court of Appeals of North Carolina.
PHILLIPS, Judge.
The appellants' variously stated contentions amount to the following: The Utilities Commission erred by ordering cellular carriers to pay access charges to local exchange companies when providing wide area call reception to their cellular customers; the Commission should not have required the cellular carriers to compensate the LECs for lost tolls due to the implementation of WACR; paying these charges will thwart the development of WACR technology...
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