IN RE VERIZON NEW ENGLAND, INC.

No. 2008-645.

972 A.2d 996 (2009)

Appeal of VERIZON NEW ENGLAND, INC. d/b/a Verizon New Hampshire and another (New Hampshire Public Utilities Commission).

Supreme Court of New Hampshire.

Opinion Issued: May 7, 2009.


Attorney(s) appearing for the Case

Orr & Reno, P.A., of Concord (Susan S. Geiger on the joint brief and orally), for the petitioner, Freedom Ring Communications, LLC d/b/a BayRing Communications, and intervenor One Communications.

Hinckley, Allen & Snyder, LLP, of Concord (Daniel M. Deschenes on the joint brief), and Jay E. Gruber, of Boston, Massachusetts, on the joint brief and orally, for intervenor AT & T Corporation.

Munger, Tolles & Olson, LLP, of Los Angeles, California (Henry Weissmann on the joint brief and orally), and McLane, Graf, Raulerson & Middleton, P.A., of Portsmouth (Sarah B. Knowlton on the joint brief), and Alexander W. Moore, of Boston, Massachusetts, on the joint brief, for respondent Verizon New England, Inc. d/b/a Verizon New Hampshire.

Devine, Millimet & Branch, P.A., of Concord (Frederick J. Coolbroth & a. on the joint brief), for respondent Northern New England Telephone Operations LLC d/b/a FairPoint Communications—NNE.


DALIANIS, J.

The respondents, Verizon New England, Inc. d/b/a Verizon New Hampshire (Verizon) and Northern New England Telephone Operations d/b/a FairPoint Communications—NNE (FairPoint), appeal a decision of the New Hampshire Public Utilities Commission (PUC) mandating that they cease billing other carriers for certain charges. We reverse.

At issue is the PUC's interpretation of NHPUC Tariff No. 85, available at http:// www. puc.nh.gov/Regulatory...

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