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INVESTIGATION INTO THREE SPECIAL CONTRACTS

No. 00-128.

779 A.2d 693 (2001)

INVESTIGATION INTO THREE SPECIAL CONTRACTS FILED BY NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, d/b/a Verizon.

Supreme Court of Vermont.

August 17, 2001.

Attorney(s) appearing for the Case

Karen McAndrew and Elizabeth H. Miller of Dinse, Knapp & McAndrew, P.C., Burlington, and Victor D. Del Vecchio and Gregory M. Kennan of Bell Atlantic-Vermont, Boston, Massachusetts, for Appellant.

Kenneth W. Salinger of Palmer & Dodge LLP, Boston, Massachusetts, Mary E. Burgess, AT & T Communications of New England, Inc., New York, New York, and Charles F. Storrow of Kimbell & Storrow, Montpelier, for Appellee AT & T Communications of New England, Inc.

Leslie A. Cadwell and Dixie Henry, Montpelier, for Appellee Department of Public Service.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

AMESTOY, C.J.

New England Telephone and Telegraph Company d/b/a Verizon appeals from an order of the Public Service Board denying approval of five special contracts between Verizon and individual business customers. Verizon claims that the Board erred in applying its pricing rules for special contracts by (1) requiring shared and common fixed costs to be included in the price floor of a special-contract service, (2) expanding the definition of a bottleneck facility...

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