New York State Cable Television Ass'n v. Public Service Commission

*289OPINION OF THE COURT

Casey, J.

Empire City Subway Company, Ltd. (Empire), a wholly owned subsidiary of the New York Telephone Company, owns communication conduits under the streets of New York City. It leases space in its conduits to companies having lawful power to operate- communication conductors in New York City. Among those companies leasing space in Empire’s conduits are Teleprompter Corporation and Manhattan Cable Television, Inc., members of the petitioner, a nonprofit trade association.

The issue on this appeal is whether there is a rational basis for the determination of the-Public…