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

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

264 Kan. 363 (1998)

956 P.2d 685

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.

Supreme Court of Kansas.

Opinion filed March 13, 1998.


Attorney(s) appearing for the Case

Walker Hendrix, consumer counsel, of Topeka, argued the cause, and Allen Brady Cantrell, consumer counsel, of Topeka, was with him on the briefs for appellant Citizens' Utility Ratepayer Board.

Mark P. Johnson, of Sonnenschein Nath & Rosenthal, of Kansas City, Missouri, argued the cause, and Tamara Seyler-James, Lisa C. Creighton, and Amy E. Bauman of the same firm, were with him on the briefs 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, were on the briefs for appellants CMT Partners, Topeka Cellular Telephone Company, Inc., and Airtouch Cellular of Kansas, Inc.

Eva Powers, assistant general counsel, argued the cause, and Glenda Cafer, general counsel, and Marianne Deagle, Susan Stanley, and Janette Corazzin, assistant general counsels, of Topeka, were with her on the briefs for appellee Kansas Corporation Commission.

Robert A. Fox, of Foulston & Siefkin, L.L.P., of Topeka, argued the cause, and Dana Bradbury Green, of the same firm, and Michael J. Jewell, of Austin, Texas, were with him on the briefs for intervenor AT&T Communications of the Southwest, Inc.

William R. Drexel, of Topeka, argued the cause, and Michael C. Cavell and Lori A. Fink, of Topeka, and Frank A. Caro, of Polsinelli, White, Vardeman & Shalton, of Overland Park, were with him on the brief for intervenor Southwestern Bell Telephone Company.

Stephen D. Minns, of Overland Park, argued the cause, and Martha Jenkins, of Kansas City, Missouri, was with him on the briefs for intervenor United Telephone Companies of Kansas d/b/a Sprint Communications.

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, were on the briefs for intervenors State Independent Alliance and Independent Telecommunications Group, Columbus, et al.


The opinion of the court was delivered by

ABBOTT, J.:

This case is before the Supreme Court on petitions for review by various parties and intervenors, viz., appellee Kansas Corporation Commission (KCC), intervenor Southwestern Bell Telephone, intervenor Sprint Communications/United Telephone Companies, intervenor State Independent Alliance, intervenor Independent Telecommunications Group, Columbus, et al., and appellants/cross-petitioners for...

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