In the Matter of the REGULATION OF OPERATOR SERVICE PROVIDERS.
In the Matter of a Filing by Bell Atlantic-New Jersey, Inc. of a Revision of Tariff B.P.U. No. 2, Exchange and Network Services, Providing for the Introductions of a Customer Provided Pay Telephone Service (CPPTS) Monthly Message Unit Allowance and Reduction of CPPTS Line and Feature Rates.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 12, 2000.
Decided July 27, 2001.
Attorney(s) appearing for the Case
Christopher J. White, Assistant Deputy Ratepayer Advocate, argued the cause for the Division of Ratepayer Advocate, appellant in No. A-919-99/ respondent in A-1728-98 (Blossom A. Peretz, Ratepayer Advocate, attorney, of counsel; Heikki Leesment, Deputy Ratepayer Advocate, and Mr. White, on the brief).
Martin C. Rothfelder Westfield, argued the cause for One Call Communications, Inc., appellant in No. A-1728-98/respondent in No. A-919-99 (Rothfelder Law Offices, attorneys; Mr. Rothfelder and Karen Nations, Baskin Ridge, on the brief in No. A-1728-98; Mr. Rothfelder and Maureen Kehoe Rothfelder, Westfield, on the brief in No. A-919-99).
Carla Vivian Bello, Senior Deputy Attorney General, argued the cause for respondent Board of Public Utilities in both appeals (John J. Farmer, Jr., Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Bello, on the briefs, with Christian Arnold, Deputy Attorney General, in No. A-1728-98).
Wilentz, Goldman & Spitzer, Woodbridge, for respondent Bell-Atlantic New Jersey, Inc. (Hesser G. McBride, Jr., on the brief).
Riker, Danzig, Scherer, Hyland & Perretti, Morristown, for respondent AT & T Communications of New Jersey, Inc. in No. A-919-99 (James C. Meyer, of counsel; Michael A. Schmerling, on the brief).
Before Judges PRESSLER, KESTIN and ALLEY.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KESTIN, J.A.D.
These two appeals challenge the validity of N.J.A.C. 14:10-6.3(h), (i), (j) and (n) as adopted by the Board of Public Utilities (Board) in late 1998 to establish current rate caps on alternate operator service (AOS) providers in the telecommunications industry. We consolidate the appeals for the purposes of this opinion.
The provisions at issue establish...
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