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COX TELECOM v. STATE EX REL. CORP. COM'N

No. 102,392.

164 P.3d 150 (2007)

2007 OK 55

Application of Southwestern Bell Telephone, L.P. d/b/a SBC Oklahoma for the Classification of Intrastate Retail Telecommunications Services as Basket 4 Services Pursuant to OAC 165:55-5-66(4). COX OKLAHOMA TELECOM, LLC, Intervening Party/Appellant, v. STATE of Oklahoma ex rel. OKLAHOMA CORPORATION COMMISSION and Southwestern Bell Telephone, L.P. d/b/a SBC Oklahoma, Appellees. AARP Oklahoma, Intervening Party/Appellant, v. State of Oklahoma ex rel. Oklahoma Corporation Commission and Southwestern Bell Telephone, L.P. d/b/a SBC Oklahoma, Appellees.

Supreme Court of Oklahoma.

July 3, 2007.

Attorney(s) appearing for the Case

Marc Edwards, Jennifer Kirkpatrick, and Heather Hintz, Phillips McFall McCaffrey McVay & Murrah, P.C., Oklahoma City, Oklahoma, for Appellant, Cox Oklahoma Telecom, LLC.

Clint Russell and Mark H. Ramsey, Taylor, Burrage, Foster, Mallett, Downs & Ramsey, Claremore, Oklahoma, for Appellant, AARP Oklahoma.

Mary Marks Jenkins and John W. Gray, Oklahoma City, Oklahoma; Curtis M. Long and Charles R. Willing, Fellers, Snider, Blankenship, Bailey & Tippens, P.C., Tulsa, Oklahoma; and John Paul Walters, Jr., The Walters Law Firm, Edmond, Oklahoma, for Appellee, Southwestern Bell Telephone, LLC d/b/a SBC Oklahoma.

Elizabeth Ryan, Assistant Attorney General, Office of the Oklahoma Attorney General, Oklahoma City, Oklahoma, for Appellee, State of Oklahoma ex rel. Oklahoma Corporation Commission.1

OPALA, J.

¶ 1 The dispositive questions presented for review are: (1) Did the Corporation Commission err in treating this proceeding as legislative rather than judicial? and (2) Is the order under review sustained by law and by substantial evidence? We answer the first question in the negative and the second in the affirmative.

I

ANATOMY OF THE PROCEEDINGS

¶ 2 Southwestern Bell Telephone, L.P. d/b/a SBC Oklahoma ("SBC" or "SBC...

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