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STATE EX REL. UTIL. COM'N v. THORNBURG

No. 9210UC652.

433 S.E.2d 790 (1993)

STATE of North Carolina ex rel. UTILITIES COMMISSION, the Public Staff of the Utilities Commission, Metro Mobile CTS of Charlotte, Inc., GTE Mobile Communications Inc., Contel Cellular Company, General Cellular Corporation, Blue Ridge Cellular Telephone Company, G.M.D. Limited Partnership, Centel Cellular Company, N.C. RSA 2 Cellular Telephone Company, N.C. RSA 3 Cellular Telephone Company, Cellcom of Hickory, Inc., Alltel Mobile Communications, Inc., United States Cellular Corporation, N.C. Cellular Association, Inc., Carolina Telephone & Telegraph Company, Inc., and Eastern Radio Service, Appellees, v. Attorney General Lacy H. THORNBURG, Intervenor Appellant.

Court of Appeals of North Carolina.

September 7, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Asst. Atty. Gen. Karen E. Long, Raleigh, intervenor appellant.

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. Ltd. 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.

Public Staff/Utilities Com'n, by Staff Atty. Robert B. Cauthen, Jr., Raleigh appellee.

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 Communications, 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.

Appellant first argues that (1) the Commission exceeded its statutory authority when it found that the provision of cellular service in North Carolina is competitive and (2) the Commission's finding of competition is an error of law. Essentially the argument is that cellular service cannot, by definition, be competitive over the entire state because only one carrier is in operation in some RSAs, so the Commission's finding of competition and its...

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