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EQUAL ACCESS CORP. v. UTILITIES BD.

No. 92-1330.

510 N.W.2d 147 (1993)

EQUAL ACCESS CORPORATION, Appellant, v. UTILITIES BOARD, UTILITIES DIVISION, IOWA DEPARTMENT OF COMMERCE, Appellee, Office of Consumer Advocate, Iowa Department of Justice, Intervenor-Appellant.

Supreme Court of Iowa.

Rehearing Denied January 20, 1994.

Attorney(s) appearing for the Case

Philip E. Stoffregen and Helen C. Adams of Dickinson, Throckmorton, Parker, Mannheimer & Raife, P.C., Des Moines, for appellant.

James R. Maret, Consumer Advocate, and Gary D. Stewart and Alice J. Hyde, for intervenor-appellant.

Susan Allender, General Counsel, Diane Munns, Deputy General Counsel, and Allan Kniep, Asst. General Counsel, for appellee Utilities Bd.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, ANDREASEN and TERNUS, JJ.

LARSON, Justice.

Equal Access Corporation is in the business of furnishing telephones in correctional facilities, such as prisons, throughout the country. Equal Access first installed its telephones in Iowa prisons in August 1989. Despite the fact that it had fewer than 15,000 customers in Iowa, and would therefore ordinarily be outside the scope of the utility board's jurisdiction, Iowa Code § 476.1(3) (1991), the board determined that Equal Access was an "alternative...

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