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BLACK RADIO NETWORK v. PSC

253 A.D.2d 22 (1999)

685 N.Y.S.2d 816

In the Matter of Black Radio Network, Inc., et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 11, 1999

Attorney(s) appearing for the Case

Roland, Fogel, Koblenz & Petroccione, Albany (Keith J. Roland of counsel), and Karen S. Burstein, New York City, for petitioners.

Lawrence G. Malone, Albany (Kevin M. Lang of counsel), for Public Service Commission of the State of New York, respondent.

Davis, Polk & Wardwell, New York City (Guy Miller Struve of counsel), and Sandra DiIorio Thorn, New York City, for New York Telephone Company, respondent.

MIKOLL, J. P., CREW III, YESAWICH JR. and PETERS, JJ., concur.

MERCURE, J.

Petitioners are information providers (hereinafter IPs), i.e., businesses that furnish programming such as financial and news reports to the public through the telephone system. Respondent New York Telephone Company (hereinafter NYT) provides a mass announcement service (hereinafter MAS) system which enables telephone customers to hear petitioners' 57-second messages by dialing specific 976 numbers...

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