Legal Opinion

GTE Northwest Inc. v. Public Utility Commission

Oregon Supreme Court

Decided August 24, 1995No. PUC 98-852; CA A81647; SC S41791PublishedCited by 20 opinions

1Opinion of the CourtGraber, J.

GTE Northwest, Inc., (GTE) challenges, under ORS 183.400, 1 certain rules adopted by the Public Utility Commission (PUC). For the following reasons, we hold that the challenged rules are invalid.

I. FACTS AND PROCEDURAL BACKGROUND

In June 1993, the PUC adopted rules that created a regulatory framework for telecommunications, known as the Open Network Architecture (ONA). Those rules have been codified at OAR chapter 860, division 35.

As pertinent here, the ONA relates to two types of competitors in the telecommunications market — local exchange carriers (LECs) and enhanced service providers…

2Cases cited15 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  3. Yee v. City of EscondidoSupreme Court of the United States · 1992
  4. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  5. Federal Communications Commission v. Florida Power Corp.Supreme Court of the United States · 1987

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3Cited by20 opinions

  1. Boise Cascade Corp. v. Board of ForestryOregon Supreme Court · 1997
  2. Gulf Power Co. v. United StatesCourt of Appeals for the Eleventh Circuit · 1999
  3. Vokoun v. City of Lake OswegoOregon Supreme Court · 2002
  4. Gulf Power Co. v. United StatesDistrict Court, N.D. Florida · 1998
  5. Coast Range Conifers, LLC v. State Ex Rel. Oregon State Board of ForestryCourt of Appeals of Oregon · 2003

15 more not listed; retrieve them via the Exa API.

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