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STATE v. NORTH CAROLINA CELLULAR ASS'N

No. 9210UC815.

433 S.E.2d 785 (1993)

STATE of North Carolina ex rel. UTILITIES COMMISSION et al., v. NORTH CAROLINA CELLULAR ASSOCIATION, INC., Appellant.

Court of Appeals of North Carolina.

September 7, 1993.

Attorney(s) appearing for the Case

Bailey & Dixon by David M. Britt, Ralph McDonald, and Cathleen M. Plaut, Raleigh, for intervenor appellant.

Public Staff/Utilities Commission by Staff Atty. Robert B. Cauthen, Jr., Raleigh, for appellee.

Parker, Poe, Adams & Bernstein by Henry C. Campen, Jr., Raleigh, for petitioner appellees GTE Mobile Communications, Inc., Contel Cellular Corp., General Cellular Corp., Blue Ridge Cellular Co., and G.M.D. Limited Partnership.

Crisp, Davis, Schwentker, Page, Currin & Nichols by Robert F. Page, Raleigh, for petitioner appellees Centel Cellular Co., N.C. RSA 2 Cellular Telephone Co., and N.C. RSA 3 Cellular Telephone Co.

Bode, Call & Green by Robert W. Kaylor, Raleigh, for petitioner appellee Metro Mobile CTS of Charlotte, Inc.

Burns, Day & Presnell by F. Kent Burns, Raleigh, for petitioner appellees ALLTEL Mobile Communication, Inc. and U.S. Cellular Corp.

Kennedy, Covington, Lobdell & Hickman by James P. Cooney, III, Charlotte, for petitioner-appellee Cellcom of Hickory, Inc.

ARNOLD, Chief Judge.

I

In 1991, the General Assembly enacted N.C.Gen.Stat. § 62-125 which permits the Commission to exempt cellular telephone service from regulation. The Commission may grant the exemption only if it finds (1) that cellular telephone service is competitive, and (2) that exemption is in the public interest. G.S. § 62-125 (Cum.Supp.1992). After a hearing on the matter, the Commission concluded...

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