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CENTURYTEL OF MIDWEST-KENDALL v. PUBLIC SERV. COM'N

No. 02-0053.

257 Wis.2d 837 (2002)

2002 WI App 236

653 N.W.2d 130

CENTURYTEL OF THE MIDWEST-KENDALL, INC. and CenturyTel, Inc., Petitioners-Appellants, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Respondent, AT&T COMMUNICATIONS OF WISCONSIN, L.P., MCI Telecommunications Corp. and WorldCom Technologies, Inc., Intervenors-Respondents.

Court of Appeals of Wisconsin.

Decided August 29, 2002.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Berdley D. Jackson, David A. Meisinger, and Katherine E. Lazarski of Foley & Lardner, Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of Steven Levine of Public Service Commission of Wisconsin.

On behalf of the intervenors-respondents MCI Telecommunications Corporation and WorldCom Technologies, Inc., the cause was submitted on the brief of Niles Berman and Janet L. Kelly of Wheeler, Van Sickle & Anderson, S.C., Madison; and on behalf of the intervenors-respondents AT&T Communications of Wisconsin, L.P., the cause was submitted on the brief of Dennis P. Birke of Dewitt Ross & Stevens, S.C., Madison.

Before Vergeront, P.J., Dykman and Lundsten, JJ.

¶ 1. VERGERONT, P.J.

The Public Service Commission (PSC) decided that CenturyTel of the Midwest-Kendall, Inc. (Kendall), a telecommunication utility, increased rates without a hearing and a PSC order of approval in violation of WIS. STAT. § 196.20(2m).1 Therefore, the PSC ruled, Kendall violated the filed-rate statute, WIS. STAT. § 196.22, and those customers who experienced a rate increase as a result were entitled to a...

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