GTE Southwest Inc. v. Public Utility Commission

JOHN E. POWERS, Justice (Retired).

GTE Southwest Incorporated (“GTE”) sued the Public Utility Commission for judicial review of a final order issued by the Commission in a contested case. Capital Rescom and Multi-Technology Services, L.P. (“MTS”) intervened in the suit to defend the order.1 GTE appeals now from a trial-court judgment that affirms the order. We will reverse the order and the trial-court judgment, and remand the controversy to the Commission.

THE CONTROVERSY

GTE installed and owns the cables and equipment necessary to supply local-exchange telephone service to five large apartment…