CITIZENS' UTILITY RATEPAYER BD. v. KANSAS CORPORATION COMM'N

Nos. 78,548, 78,822, 78,823, 78,834.

24 Kan. App.2d 222 (1997)

943 P.2d 494

CITIZENS' UTILITY RATEPAYER BOARD, Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee. MULTIMEDIA HYPERION TELECOMMUNICATIONS and KANSAS CITY FIBER NETWORK L.P., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee. CMT PARTNERS, TOPEKA CELLULAR TELEPHONE COMPANY, INC., and AIRTOUCH CELLULAR OF KANSAS, INC., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed August 8, 1997.


Attorney(s) appearing for the Case

Walker Hendrix and Allen Brady Cantrell, of Topeka, consumer counsel for appellant Citizens' Utility Ratepayer Board.

Mark P. Johnson, Lisa C. Creighton, and Amy E. Bauman, of Sonnenschein Nath & Rosenthal, of Kansas City, Missouri, for appellants Kansas City Fiber Network L.P. and Multimedia Hyperion Telecommunications.

Marc E. Elkins and Lisa J. Hansen, of Morrison & Hecker L.L.P., of Kansas City, Missouri, for appellants CMT Partners, Topeka Cellular Telephone Company, Inc. and Airtouch Cellular of Kansas, Inc.

Eva Powers, Marianne Deagle, Susan Stanley, and Janette Corazzin, assistant general counsels, Kansas Corporation Commission, of Topeka, for appellee.

Michael C. Cavell, William R. Drexel, and Lori A. Fink, of Topeka, for intervenor Southwestern Bell Telephone Company.

Mark E. Caplinger and James M. Caplinger, of James M. Caplinger, Chartered, of Topeka, and Thomas E. Gleason, Jr., of Gleason & Doty, Chartered, of Ottawa, for intervenors State Independent Alliance and Independent Telecommunications Group, Columbus et al.

Before KNUDSON, P.J., GERNON and PIERRON, JJ.


KNUDSON, J.:

This consolidated appeal is brought by the Citizens' Utility Ratepayer Board (CURB) and various telecommunication providers from orders of the Kansas Corporation Commission (KCC) implementing the Kansas Telecommunications Act, K.S.A. 1996 Supp. 66-2001 et seq. (Kansas Act). The.Kansas Act was enacted to both complement and comply with the Federal Telecommunications Act of 1996, Pub. L. No. 104-104...

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