PACIFIC BELL WIRELESS v. PUC OF STATE

No. G034991.

44 Cal.Rptr.3d 733 (2006)

140 Cal.App.4th 718

PACIFIC BELL WIRELESS, LLC, Petitioner, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA, Respondent; Utility Consumers' Action Network, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 20, 2006.


Attorney(s) appearing for the Case

O'Melveny & Myers, Charles C. Read, Michael A. Gatto, Los Angeles, and Walter Dellinger, for Petitioner.

Munger, Tolles & Olson and Henry Weissmann, Los Angeles, for Cellco Partnership as Amicus Curiae on behalf of Petitioner.

Law Offices of Earl Nicholas Selby and Earl Nicholas Selby, Palo Alto, for Nextel of California, Inc., as Amicus Curiae on behalf of Petitioner.

Sprint Law Department and Stephen H. Kukta, for Sprint Telephony PCS, L.P., Sprint Spectrum L.P. and Wireless Co., L.P., as Amici Curiae on behalf of Petitioner.

Wilson & Bloomfield and Leon Bloomfield, for Omnipoint Communications, Inc., as Amicus Curiae on behalf of Petitioner.

Cooper, White & Cooper and Sean P. Beatty, San Francisco, for California Telephone Association as Amicus Curiae on behalf of Petitioner.

James B. Young, for Pacific Bell Telephone Company (SBC California) as Amicus Curiae on behalf of Petitioner.

Russell C. Swartz, Rosemead, for Southern California Edison Company as Amicus Curiae on behalf of Petitioner.

W. Davis Smith, for Southern California Gas Company and San Diego Gas & Electric Company as Amici Curiae on behalf of Petitioner.

Elaine M. Duncan, for Verizon California Inc. as Amicus Curiae on behalf of Petitioner.

Randolph L. Wu, Dale Holzschuh, San Francisco, Kimberly J. Lippi, Helen W. Yee and Carrie G. Pratt, for Respondent.

Rosner, Law & Mansfield and Alan M. Mansfield for Real Party in Interest.


OPINION

FYBEL, J.

INTRODUCTION

After an investigation, a nine-day evidentiary hearing before an administrative law judge, and a review by the full California Public Utilities Commission of the State of California (the Commission), the Commission imposed a multimillion dollar fine against Pacific Bell Wireless, LLC, doing business as Cingular Wireless (Cingular) for two interrelated violations of...

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