CINCINNATI SMSA L.P. v. PUB. UTIL. COMM.

No. 2001-1158.

98 Ohio St.3d 282 (2002)

2002-Ohio-7235

CINCINNATI SMSA LIMITED PARTNERSHIP, A.K.A. AMERITECH, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 30, 2002.


Attorney(s) appearing for the Case

Jon F. Kelly and Calfee, Halter & Griswold, L.L.P., Mark I. Wallach, Kevin M. Sullivan, James F. Lang and Seamus C. Duffy, for appellant.

Betty D. Montgomery, Attorney General, Steven T. Nourse, Duane M. Luckey, Kimberly A. Danosi and Thomas W. McNamee, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

Hahn, Loeser & Parks, L.L.P., Robert J. Fogarty, Randy J. Hart, Mark D. Griffin; Tricarichi & Carnes and Carla M. Tricarichi, for intervening appellee Westside Cellular, Inc.


FRANCIS E. SWEENEY, SR., J.

{¶ 1} This is an appeal as of right. The appellant is Cincinnati SMSA Limited Partnership ("Ameritech"). The appellees are the Public Utilities Commission of Ohio ("commission") and intervenor Westside Cellular, Inc. ("Cellnet").

{¶ 2} Cellnet is a cellular telephone service reseller. As such, it purchases cellular service on a wholesale basis, rebrands the service, and markets it to the general public on...

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