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VERIZON NORTH, INC. v. PSC

Docket No. 246691.

689 N.W.2d 709 (2004)

263 Mich. App. 567

VERIZON NORTH, INC., and Contel of the South, Inc., d/b/a Verizon North Systems, Appellants, v. MICHIGAN PUBLIC SERVICE COMMISSION, Competitive Local Exchange Carriers Association of Michigan, SBC, Telecommunications Association of Michigan, AT&T Communications of Michigan, Inc., TCG Detroit, and WorldCom, Appellees.

Court of Appeals of Michigan.

Decided September 16, 2004, at 9:00 a.m.

Released for Publication November 10, 2004.

Attorney(s) appearing for the Case

Honigman Miller Schwartz and Cohn L.L.P. (by Daniel J. Demlow and Daniel L. Stanley), Lansing, and A. Randall Vogelzang, Irving, TX, for Verizon North, Inc.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges and Michael A. Nickerson, Assistant Attorneys General, for Public Service Commission.

Clark Hill P.L.C. (by Roderick S. Coy, Leland R. Rosier, and Haran C. Rashes), Okemos, for Competitive Local Exchange Carriers Association of Michigan.

Dickinson Wright P.L.L.C. (by Michael A. Holmes, Jeffery V. Stuckey, and Jennifer L. Frye), Lansing, and Craig A. Anderson, Detroit, for SBC.

Loomis, Ewert, Parsley, Davis & Gotting, P.C. (by Harvey J. Messing and Sherri A. Wellman), Lansing, for Telecommunications Association of Michigan.

Fischer, Franklin & Ford (by Arthur J. LeVasseur and George Hogg, Jr.), Detroit, and John J. Reidy, III, Chicago, IL, for AT&T Communications of Michigan, Inc., and TCG Detroit.

Dykema Gossett P.L.L.C. (by Albert Ernst, Robert J. Franzinger, and Christine Mason Soneral), Lansing, for WorldCom.

Before: SAWYER, P.J., and SAAD and O'CONNELL, JJ.

PER CURIAM.

Verizon North, Inc., and Contel of the South, Inc., appeal as of right from the order of the Public Service Commission promulgating quality of service rules concerning out-of-service repairs. We reverse.

The PSC issued a notice of hearing regarding new telecommunications quality of service rules that were to replace existing rules set to expire on September 1, 2001. A public hearing was held concerning the proposed rules, and the PSC subsequently...

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