APPLICATION OF N.J. BELL TELE.


291 N.J. Super. 77 (1996)

676 A.2d 1133

IN THE MATTER OF THE APPLICATION OF NEW JERSEY BELL TELEPHONE COMPANY (NOW BELL ATLANTIC-NEW JERSEY, INC.) FOR APPROVAL OF ITS PLAN FOR AN ALTERNATIVE FORM OF REGULATION.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 1996.


Attorney(s) appearing for the Case

Menasha J. Tausner, Deputy Public Advocate, argued the cause for appellant Division of the Ratepayer Advocate (Blossom A. Peretz, Director, attorney; Frances I. Sundheim, Acting Director, of counsel; Robin J. Portnoi, Deputy Public Advocate, on the brief).

Francis R. Perkins argued the cause for appellant New Jersey Cable Television Association (Meyner and Landis, attorneys; Mr. Perkins, Raymond E. Makul, and Kathryn S. Koles, on the brief).

James C. Meyer argued the cause for cross-appellant AT & T Communications of New Jersey (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Meyer, on the letter brief).

James H. Laskey argued the cause for respondent MCI Telecommunications Corp. (Norris, McLaughlin & Marcus, attorneys; Mr. Laskey, on the letter brief).

John A. Hoffman argued the cause for respondent/cross-respondent New Jersey Bell (Wilentz, Goldman & Spitzer, attorneys; Mr. Hoffman, Anne S. Babineau, Hesser G. McBride, of counsel, and, with Leslie A. Vial and Robert D. Mulvee, on the brief).

Elise Goldblatt, Deputy Attorney General, argued the cause for the Board of Regulatory Commissioners (Deborah T. Poritz, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Goldblatt, on the brief).

Before Judges DREIER, KESTIN and CUFF.


The opinion of the court was delivered by KESTIN, J.A.D.

In the Telecommunications Act of 1992 (the Act), N.J.S.A. 48:2-21.16 to -21.21, the Legislature found and declared, inter alia, that

(1) In a competitive marketplace, traditional utility regulation is not necessary to protect the public interest and that competition will promote efficiency, reduce regulatory delay, and foster productivity and innovation. * * * (5) It...

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