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CENTRAL ILL. PUB. SERV. v. COMMERCE COM'N

No. 4-94-0229.

644 N.E.2d 817 (1994)

268 Ill. App.3d 471

206 Ill.Dec. 49

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Commonwealth Edison Company and Union Electric Company, Petitioners-Appellants, v. ILLINOIS COMMERCE COMMISSION and Illinois Cable Television Association et al., Respondents-Appellees.

Appellate Court of Illinois, Fourth District.

December 30, 1994.

Attorney(s) appearing for the Case

Scott C. Helmholz, argued, Sorling, Northrup, Hanna, Cullen & Cochran, Ltd., Springfield, for Central Illinois Public Serv.

Sarah J. Read, argued, Chicago, Anastasia M. Polek, Sidley & Austin, Chicago, for Commonwealth Edison Co.

James E. Weging, argued, Sp. Asst. Atty. Gen., Chicago, for Illinois Commerce Commission.

Neil F. Flynn, Springfield, Richard J. Prendergast, argued, Chicago, for Ill. Cable Television Ass'n.

Kelly Williams, Sp. Asst. Atty. Gen., Deputy Dir. Joint Committee on Adm. Rules. Springfield, IL for amicus curiae Joint Committee on Adm. Rules.

Presiding Justice KNECHT delivered the opinion of the court:

Several electric utility companies (utilities) challenge an Illinois Commerce Commission (Commission) rule formulating a rental rate for cable television (CATV) attachments to poles owned by the utilities, promulgated pursuant to the Commission's authority under section 7-102(i) of the Public Utilities Act (Act) (220 ILCS 5/7-102(i) (West 1992)). We affirm.

I. FACTS

A pole attachment agreement...

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