Illinois Bell Telephone Co. v. Illinois Commerce Commission

In 2004, in administrative rule-making proceedings, the Illinois Commerce Commission (Commission) adopted a rule entitled “Wholesale Service Quality for Telecommunication Carriers” (83 Ill. Adm. Code pt. 731 (2004), as adopted at 28 Ill. Reg. 12083 (eff. September 1, 2004)). In this new rule, the Commission regulates a type of wholesale telecommunications service called “special access.” 83 Ill. Adm. Code § 731.310 (2004), as adopted at 28 Ill. Reg. 12083, 12101-02 (eff. September 1, 2004). Petitioner, Illinois Bell Telephone Company, appeals on two grounds. First, the statute from which the…