ILL. BELL TEL. CO. v. ILL. COMMERCE COM'N

No. 3-96-0555.

676 N.E.2d 294 (1997)

286 Ill. App.3d 340

221 Ill.Dec. 773

ILLINOIS BELL TELEPHONE COMPANY, Petitioner-Appellant, v. ILLINOIS COMMERCE COMMISSION, AT & T Communications of Illinois, Inc., MCI Communications Corp., Sprint Communications Company, L.P., Appellees and (People of Cook County ex rel. Jack O'Malley, People of the State of Illinois ex rel. James E. Ryan, Allnet Communications Services, Inc., Frontier Communications International, Inc., Illinois Consolidated Telephone Company, Illinois Public Telecommunications Association, Citizens Utility Board, Cable Television and Communications Association of Illinois, GTE North, Inc., Respondents).

Appellate Court of Illinois, Third District.

February 6, 1997.


Attorney(s) appearing for the Case

Edward A. Butts (argued), Paul T. Dahlquist, Chicago, Louise A. Sunderland, Illinois Bell Telephone Company, Lincoln Janus, Illinois Bell Telephone Company, Chicago, for Illinois Bell Telephone Co., Ameritech Illinois.

John P. Kelliher, Special Assistant Attorney General, Chicago, for Illinois Commerce Commission.

John W. Treece, Thomas Stanton (argued), Sidley & Austin, Chicago, Cheryl L. Urbanski, Chicago, for AT & T Communications Of Illinois.

Julie E. Grimaldi, Sprint Communications Company, Kansas City, MO, for Sprint.


Justice BRESLIN delivered the opinion of the court:

Petitioner Illinois Bell Telephone Company (Ameritech) appeals an order of the Illinois Commerce Commission (Commission) which denied its request for compensation for the use of its payphone facilities. Ameritech argues that the Commission erred by denying its complaint for retroactive compensation and by finding that the tariff it filed was void ab initio. We hold that Ameritech is entitled to compensation...

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