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IN RE WAITSFIELD-FAYSTON TELEPHONE CO. INC.

No. 2005-498.

928 A.2d 1219 (2007)

2007 VT 55

In re PETITION OF WAITSFIELD-FAYSTON TELEPHONE COMPANY, INC., d/b/a Waitsfield Telecom, d/b/a Waitsfield Cable and d/b/a Champlain Valley Telecom, to Establish a Rate for Rental of Space on Poles Owned by Green Mountain Power Corporation.

Supreme Court of Vermont.

June 29, 2007.

Attorney(s) appearing for the Case

Harriet Ann King of King & King, Waitsfield, for Appellant Green Mountain Power Corporation.

Paul J. Phillips of Primmer Piper Eggleston & Cramer PC, St. Johnsbury, for Appellee Waitsfield-Fayston Telephone Company, Inc.

John J. Cotter, Montpelier, for Appellee Department of Public Service.

Present: REIBER, C.J., DOOLEY, SKOGLUND and BURGESS, JJ., and CRAWFORD, SUPR. J., Specially Assigned.

¶ 1. DOOLEY, J.

¶ 1. Appellant Green Mountain Power Corporation (GMP) appeals a Public Service Board order requiring GMP to refund to appellee Waitsfield-Fayston Telephone Company, Inc. (WFTC) "make-ready" charges paid by WFTC over a period of years. The charges, which were separate from annual rental charges, were for making ready poles owned by GMP to accept telephone lines in addition to the electric lines already on them. GMP raises a host of arguments...

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