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ILL. BELL TELEPHONE v. ILL. COMMERCE COM'N

Nos. 3-03-0207, 3-03-0515.

816 N.E.2d 379 (2004)

352 Ill. App.3d 630

287 Ill.Dec. 617

ILLINOIS BELL TELEPHONE COMPANY, Petitioner-Appellant, v. ILLINOIS COMMERCE COMMISSION, Citizens Utility Board, and The People of the State of Illinois, Respondents-Appellees.

Appellate Court of Illinois, Third District.

September 17, 2004.

Attorney(s) appearing for the Case

Demetrios G. Metropoulos (argued), Theodore A. Livingston, John E. Muench, Mayer, Brown, Rowe & Maw, Louise A. Sunderland, SBC Illinois, April J. Rodewald, Nancy J. Hertel, SBC Midwest, Chicago, for Illinois Bell Telephone Company.

Lisa Madigan, Attorney General, Janice A. Dale, Assistant Attorney General-Public Utilities Division, Susan L. Satter, Sr. Assistant Attorney General, Chicago, for the People.

Douglas W. Trabaris, AT&T Corp., Chicago, for AT&T Comm. of IL.

Owen E. MacBride (argued), Schiff Hardin & Waite, Chicago, for McLeodUSA.

John P. Kelliher, Special Assistant Attorney General (argued), Chicago, for Illinois Commerce Commission.

John R. Harrington, Jenner & Block, Chicago, for WorldCom, Inc., n/k/a MCI.

Justice SCHMIDT delivered the opinion of the court:

Petitioner Illinois Bell Telephone Company (doing business as SBC Illinois) (SBC Illinois) appeals two orders issued by the Illinois Commerce Commission (Commission). SBC Illinois contends the Commission lacked statutory authority to include a wholesale performance remedy plan and a capital spending requirement in its two orders reviewing and extending an alternative regulatory plan. SBC Illinois specifically contends...

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