IN RE UNION TELEPHONE CO.

Nos. 2009-168, 2009-432.

999 A.2d 336 (2010)

Appeal of UNION TELEPHONE COMPANY d/b/a Union Communications (New Hampshire Public Utilities Commission).

Supreme Court of New Hampshire.

Opinion Issued: May 20, 2010.


Attorney(s) appearing for the Case

Murtha Cullina LLP, of Boston, Massachusetts (Olga L. Bogdanov and Robert J. Munnelly, Jr. on the brief, and Mr. Munnelly orally), for petitioner MetroCast Cablevision of New Hampshire, LLC.

IDT America, Corp., filed no brief.

Rothfelder Stern, L.L.C., of Westfield, New Jersey (Martin C. Rothfelder on the brief and orally), for Union Telephone Company d/b/a Union Communications.

Michael A. Delaney, attorney general (Glenn A. Perlow, assistant attorney general, on the brief and orally), for the State.

Devine, Millimet & Branch, P.A., of Concord (Frederick J. Coolbroth and another on the brief), for Bretton Woods Telephone Company, Inc., Dixville Telephone Company, Dunbarton Telephone Company, Inc., Granite State Telephone, Inc., Kearsarge Telephone Company, and Merrimack County Telephone Company, as amici curiae.


DALIANIS, J.

In these consolidated appeals, Union Telephone Company d/b/a Union Communications (Union) appeals orders of the New Hampshire Public Utilities Commission (PUC) denying Union's motions to rescind the PUC's grants of authority to the petitioners, MetroCast Cablevision of New Hampshire, LLC (MetroCast) and IDT America, Corp. (IDT), to operate as competitive local exchange carriers in Union's service territory. We reverse and remand.

The record reveals...

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