APPEAL OF ZIMMERMAN

No. 95-420.

141 N.H. 605 (1997)

APPEAL OF PAUL E. ZIMMERMAN (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

January 31, 1997.


Attorney(s) appearing for the Case

Hall, Morse, Anderson, Miller & Spinella, P.C., of Concord (Frank P. Spinella, Jr. on the brief and orally), for Paul E. Zimmerman.

Jeffrey R. Howard, attorney general, and Amy L. Ignatius, general counsel of the Public Utilities Commission (Wynn E. Arnold, assistant attorney general, and Ms. Ignatius on the brief, and Mr. Arnold orally), for the State, as amicus curiae.

Devine, Millimet & Branch, P.A., of Manchester (Frederick J. Coolbroth and Anu R. Mullikin on the brief, and Mr. Coolbroth orally), for Granite State Telephone, Inc., as amicus curiae.


BRODERICK, J.

Paul E. Zimmerman appeals an order of the New Hampshire Public Utilities Commission (PUC or commission) declaring that because Zimmerman offers his tenants telecommunications services, he is operating a public utility within the meaning of RSA 362:2 (1995) and is, therefore, within the commission's jurisdiction. We reverse.

I

Zimmerman owns and manages several commercial buildings in Wolfeboro...

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