Lodi Tel. Co. v. Public Service Commission

Decision Date31 March 1953
Citation262 Wis. 416,57 N.W.2d 700
PartiesLODI TELEPHONE CO. v. PUBLIC SERVICE COMMISSION.
CourtWisconsin Supreme Court

Rieser, Mathys, McNamara & Stafford, Madison, for appellant.

Charles J. Ploetz, Prairie du Sac, for intervenors.

Vernon Thomson, Atty. Gen., William E. Torkelson, Chief Counsel, and Samuel Bryan, Madison, for Public Service Commission.

On Rehearing.

PER CURIAM.

Appellant complains that the original opinion ignores the fact that a foreign exchange service was available to applicants under rules and rates in effect with the approval of the commission. On this point appellant's brief on rehearing states:

'Under the Foreign Exchange Service arrangement, effective and filed with the approval of the Commission, toll service is not paid at all, but measured service, based upon the distance away from Commonwealth's undertaking, is furnished identical with that furnished to every other subscriber of Commonwealth. The subscriber calls the Commonwealth Exchange directly, is listed as a subscriber to Commonwealth, is billed by Commonwealth, pays his bill to Commonwealth, and in every way is treated as are Commonwealth subscribers. He merely pays an extra mileage charge for the distance within Lodi territory.'

However, the extra charge which would be billed to the thirteen applicants under foreign exchange service amounts to from .75cents to $2.85 per month, while other neighbors in the same town already being serviced by Commonwealth from its Sauk City exchange would not be billed this extra charge, some of whom live no further away from the Sauk City exchange than do some of the applicants. The commission specifically found that foreign exchange service was not the answer to the problem of providing petitioners with adequate telephone service. The reason for such conclusion is provided by section 196.60, Stats.,which prohibits any telephone utility from charging customers more or less than it charges other customers for the same service.

The previous mandate is affirmed.

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3 cases
  • Weyauwega Tel. Co. v. Public Service Commission
    • United States
    • Wisconsin Supreme Court
    • October 31, 1961
    ...one of this court and one of the PSC. The facts involved in Lodi Tel. Co. v. Public Service Comm., 1952, 262 Wis. 416, 55 N.W.2d 379, 57 N.W.2d 700, are very similar to those in the instant case. In that case the court upheld a PSC order requiring the Commonwealth Telephone Company to exten......
  • City of Milwaukee v. Public Service Commission
    • United States
    • Wisconsin Supreme Court
    • November 9, 1954
    ...Public Service Comm., 1944, 246 Wis. 215, 16 N.W.2d 790; Lodi Telephone Co. v. Public Service Comm., 1952, 262 Wis. 416, 55 N.W.2d 379, 57 N.W.2d 700; 43 Am.Jur., Public Utilities and Services, sec. 22. The duty to enforce such obligation is imposed upon the Public Service Commission. Secti......
  • Hall v. Banking Review Bd.
    • United States
    • Wisconsin Supreme Court
    • April 4, 1961
    ...Whitefish Bay State Bank. Our attention has been called to Lodi Telephone Co. v. Public Service Comm., 1952, 262 Wis. 416, 55 N.W.2d 379, 57 N.W.2d 700, and City of Milwaukee v. Public Service Comm., 1960, 11 Wis.2d 111, 104 N.W.2d 167. Both cases involve the question of whether a party was......

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