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COMMUNITY ANTENNA v. PUBLIC SERVICE

No. 31767.

633 S.E.2d 779 (2006)

COMMUNITY ANTENNA SERVICE, INC., Appellant, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, and Charter Communications, VI, LLC, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 30, 2006.

Attorney(s) appearing for the Case

Robert W. Full, Goodwin & Goodwin, LLP, Parkersburg, for Appellant Community Antenna Service, Inc.

Raymond S. Franks, II, Goodwin & Goodwin, LLP, Charleston, for Appellant Community Antenna Service, Inc.

Cynthia L. Wilson, Richard E. Hitt, Esquire, Charleston, for Appellee Public Service Commission of West Virginia.

H. Wyatt Hanna, III, Hanna & Page, Attorneys at Law, South Charleston, for Appellee Charter Communications, VI, LLC.

Robert G. Scott, Cole, Raywid & Braverman, LLP, Attorneys at Law, Washington, DC, Pro Hac Vice for Appellee Charter Communications, VI, LLC.

BENJAMIN, Justice:

This case is before the Court upon the appeal of Community Antenna Service, Inc. ("CAS") from the February 10, 2004, and March 23, 2004, orders of the appellee, Public Service Commission of West Virginia ("PSC" or "Commission"), in its Case No. 01-0646-CTV-C. In its February 10, 2004, order, the PSC ruled that special "reduced or promotional rates" offered by the appellee, Charter Communications VI, LLC ("Charter"), to customers in certain "defined...

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