IN RE BELL ATLANTIC NEW JERSEY, INC.


776 A.2d 926 (2001)

342 N.J. Super. 439

In the Matter of the Application of BELL ATLANTIC-NEW JERSEY, INC. for Approval of an Extension of its Plan for an Alternative Form of Regulation. In the Matter of the Filing of Bell Atlantic-New Jersey, Inc. for the Reclassification of Existing Rate Regulated Services-Directory Assistance Services as Competitive Services.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 2001.


Attorney(s) appearing for the Case

Blossom A. Peretz, Ratepayer Advocate, for appellant Division of the Ratepayer Advocate in both appeals (Ms. Peretz, of counsel; Carl Wolf Billek, Assistant Deputy Ratepayer Advocate, and Heikki Leesment, Deputy Ratepayer Advocate, on the brief in A-6018-98; Ms. Leesment and Lawanda R. Gilbert, Assistant Deputy Ratepayer Advocate, on the brief in No. A-1059-99).

Gary A. Greene, Basking Ridge, for cross-appellant AT & T Communications of New Jersey, Inc. in No. A-6018-98.

John J. Farmer, Jr., Attorney General, for respondent Board of Public Utilities in both appeals (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Eugene P. Provost, Deputy Attorney General, on the respective briefs).

Wilentz, Goldman & Spitzer, Woodbridge and Barry S. Abrams, Newark, for respondent Bell Atlantic New Jersey, Inc. in both appeals (Anne S. Babineau and Hesser G. McBride, Jr., of counsel and, with Daniel A. Hagan, on the brief in A-6018-98 and, with Matthew M. Weissman, Woodbridge, on the brief in No. A-1059-99).

Before Judges KESTIN, CIANCIA and ALLEY.


The opinion of the court was delivered by KESTIN, J.A.D.

These appeals both involve the administration of the Telecommunications Act of 1992(Act), N.J.S.A. 48:2-21.16 to 21.21, by the Board of Public Utilities (Board), and implicate similar issues. We have considered them together and now consolidate them for the purposes of rendering an opinion.

A-1059-99

A provision of the Act authorizes the Board "to determine, after notice and hearing...

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