ALHAMBRA-GRANTFORK TEL. v. ILL. COMMERCE

No. 5-04-0333.

832 N.E.2d 869 (2005)

358 Ill. App.3d 818

295 Ill.Dec. 419

ALHAMBRA-GRANTFORK TELEPHONE COMPANY, Petitioner, v. ILLINOIS COMMERCE COMMISSION; Verizon Wireless LLC, d/b/a Verizon Wireless; Voicestream PCS I, LLC, d/b/a T-Mobile; Voicestream GSM I Operating Company, LLC, d/b/a T-Mobile; Omnipoint Holdings, Inc., d/b/a T-Mobile; Powertel/Kentucky, Inc., d/b/a T-Mobile; NPCR, Inc., d/b/a Nextel Partners; Nextel Partners Operating Corporation; AT & T Wireless PCS, LLC; Telecorp Communications, Inc., d/b/a AT & T Wireless; Adams Telephone Co-Operative; C-R Telephone Company; Cass Telephone Company; Egyptian Telephone Cooperative Association, Inc.; El Paso Telephone Company; Flat Rock Telephone Co-Op, Inc.; Grafton Telephone Company; Hamilton County Telephone Co-Op; Home Telephone Company; Laharpe Telephone Company; Marseilles Telephone Company; McDonough Telephone Co-Operative, Inc.; McNabb Telephone Company; Metamora Telephone Company; Mid-Century Telephone Cooperative, Inc.; Odin Telephone Exchange, Inc.; Shawnee Telephone Company; and Yates City Telephone Company, Respondents.

Appellate Court of Illinois, Fifth District.

June 16, 2005.


Attorney(s) appearing for the Case

Gary L. Smith, Loewenstein, Hagen & Smith, P.C., Springfield, for Petitioner.

James E. Weging, Special Assistant Attorney General, Office of General Counsel, Chicago, for Illinois Commerce Commission.

E. King Poor, Winston & Strawn, LLP, Chicago, for Verizon Wireless and T-Mobile.


Presiding Justice DONOVAN delivered the opinion of the court:

Alhambra-Grantfork Telephone Company (Alhambra) appeals from an order entered by the Illinois Commerce Commission (Commission) canceling its wireless termination tariff on the grounds that it failed to give proper notice of the tariff to affected commercial mobile radio service telecommunications carriers (CMRS carriers). On appeal, Alhambra contends that the Commission erred in finding that CMRS carriers...

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