Union Telephone Co., Inc. v. Wyoming Public Service Com'n

Decision Date15 November 1995
Docket NumberNo. 95-21,95-21
Citation907 P.2d 340
PartiesUNION TELEPHONE COMPANY, INC., Appellant (Petitioner), v. WYOMING PUBLIC SERVICE COMMISSION; Bill Tucker, John R. Smyth, and Stephen N. Ellenbecker, in their official capacities as Commissioners of the Wyoming Public Service Commission, Appellees (Respondents).
CourtWyoming Supreme Court

Bruce S. Asay of Murane & Bostwick, Cheyenne; Argument presented by Mr. Asay, for Appellant.

William U. Hill, Attorney General; Michael L. Hubbard, Deputy Attorney General; and Kristin H. Lee, Assistant Attorney General. Argument presented by Ms. Lee, for Appellees.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

LEHMAN, Justice.

Union Telephone Company, Inc. (Union) appeals from an order issued by the Wyoming Public Service Commission (PSC) requiring We affirm.

Union to provide 10XXX 1 access for intrastate, intraLATA 2 calls.

Five issues are presented for review, delineated by the PSC as:

I. Is Union bound by an agreement to provide equal access on an intraLATA basis through the use of 10XXX to its customers?

II. Did the PSC violate Union's constitutional rights under the Fifth and Fourteenth Amendments when it issued an Order to Show Cause to Union?

III. Did the PSC err when it ordered Union to provide 10XXX equal access by order instead of rulemaking?

IV. Did the PSC's investigation of complaints regarding equal access deprive Union of a fair hearing?

V. Did the PSC require Union to provide a service without compensation?

FACTS

On May 8, 1989, Union filed an application with the PSC to provide intrastate telecommunications services. That application was granted by order dated August 6, 1993. In that order, the PSC noted:

The application of Union seeks to provide intrastate telecommunications services originating within Union's land line telephone certificated area and terminating on a statewide basis, both on an intraLATA and interLATA basis. Union will provide access to other toll carriers through the use of 10XXX for interLATA intrastate traffic and will use only carriers that have been certificated by this Commission for its pre-subscription ballot, except for Cable and Wireless, pursuant to a letter of understanding entered into by Union and the Consumer Representative Staff of the Wyoming Public Service Commission, which is attached hereto and incorporated by this reference.

(Emphasis added.) The Letter of Understanding incorporated by that order provided, in part:

3. Union Telephone will provide access to other toll carriers through the use of 10XXX for interLATA intrastate traffic.

4. Based on the understanding that US West Communications provides access to other intraLATA toll carriers through the use of 10XXX, in offices that have been converted to equal access, Union will do the same as US West and provide 10XXX access for intraLATA traffic.

The August 6, 1993 order went on to state that Union's application to provide telecommunications service within its land line certificated area and terminating on a statewide basis on an interLATA and intraLATA basis was approved subject to the conditions in the order.

It became apparent that Union was not providing 10XXX service on an intraLATA basis, so on June 17, 1994, the PSC issued an Order to Show Cause. A hearing was scheduled for July 11, 1994. Before the hearing, Union's counsel moved for a continuance, which was denied.

Following the hearing, the PSC issued its Memorandum Opinion, Findings and Order on October 13, 1994. PSC ordered Union to provide the 10XXX service, relying on the August 6, 1993 order. Union appealed that order to the district court, which certified the case to us.

STANDARD OF REVIEW

Cases certified to this court pursuant W.R.A.P. 12.09 are reviewed according to the appellate standards applicable to the court of The reviewing court shall:

the first instance. Hepp v. State ex rel. Worker's Compensation Div., 881 P.2d 1076, 1077 (Wyo.1994). The scope of our review is defined by W.S. 16-3-114(c) (1990).

* * * * * *

(ii) Hold unlawful and set aside agency action, findings and conclusions found to be:

(A) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;

(B) Contrary to constitutional right, power, privilege or immunity;

(C) In excess of statutory jurisdiction, authority or limitations or lacking statutory right;

(D) Without observance of procedure required by law; or

(E) Unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by statute.

DISCUSSION

The issue in this case is whether the PSC can require Union to provide 10XXX service on a intrastate intraLATA basis. Union argues that the PSC lacks the authority to require such service absent general rulemaking procedures. Union further claims that the PSC's action violates the Constitutional guarantees of equal protection and taking property without compensation.

We, however, perceive the issue to be much simpler in nature. The question is whether the order issued by the PSC on August 6, 1993, incorporated the Letter of Understanding (hereinafter "Letter") in its entirety and whether, in that Letter, Union agreed to provide the 10XXX service on an intrastate intraLATA basis. If the answer to the question is yes, then Union is bound by the order since it never appealed it. If no, then the PSC did not have the authority to order Union to provide the service.

A careful review of the August 6, 1993 order and the Letter has convinced us that the parties' intent, as embodied in the order, was that Union would provide 10XXX service on an intrastate intraLATA basis and that by failing to appeal that order, Union is estopped from complaining about the PSC's efforts to enforce it.

While hardly a model of draftsmanship, the August 6, 1993 order incorporated the Letter in its entirety: "pursuant to a letter of understanding * * * which is attached hereto and incorporated by this reference." In the context in which that clause appears, it could naturally be read to apply only to interLATA calls. However, as we noted above, the order also required Union to provide telecommunications services within the state of Wyoming on both an intraLATA as well as an interLATA basis subject to the terms and conditions stated in the order. An ambiguity arises here since there are no other "terms and conditions" in the...

To continue reading

Request your trial
21 cases
  • State ex rel. Wyo. Dept. of Revenue v. UPRC
    • United States
    • Wyoming Supreme Court
    • 30 Abril 2003
    ...Revenue v. Buggy Bath Unlimited, Inc., 2001 WY 27, ¶ 5, 18 P.3d 1182, ¶ 5 (Wyo.2001); see also Union Telephone Company, Inc. v. Wyoming Public Service Commission, 907 P.2d 340, 341-42 (Wyo.1995). Judicial review of administrative decisions is governed by Wyo. Stat. Ann. § 16-3-114(c) (Lexis......
  • Sinclair Oil Corp. v. WYOMING PSC
    • United States
    • Wyoming Supreme Court
    • 21 Febrero 2003
    ...Revenue v. Buggy Bath Unlimited, Inc., 2001 WY 27, ¶ 5, 18 P.3d 1182, ¶ 5 (Wyo.2001); see also Union Telephone Company, Inc. v. Wyoming Public Service Commission, 907 P.2d 340, 341-42 (Wyo.1995). Judicial review of administrative decisions is governed by Wyo. Stat. Ann. § 16-3-114(c) (Lexis......
  • RT COMMUNICATIONS v. PUBLIC SERVICE COM'N
    • United States
    • Wyoming Supreme Court
    • 10 Noviembre 2003
    ...Revenue v. Buggy Bath Unlimited, Inc., 2001 WY 27, ¶ 5, 18 P.3d 1182, ¶ 5 (Wyo.2001); see also Union Telephone Company, Inc. v. Wyoming Public Service Commission, 907 P.2d 340, 341-42 (Wyo.1995). Judicial review of administrative decisions is governed by Wyo. Stat. Ann. § 16-3-114(c) (Lexis......
  • Scott v. McTiernan
    • United States
    • Wyoming Supreme Court
    • 22 Marzo 1999
    ...we apply the appellate standards which are applicable to the court of the first instance. Union Telephone Company, Inc. v. Wyoming Public Service Commission, 907 P.2d 340, 341-42 (Wyo.1995). Wyo. Stat. Ann. § 16-3-114(c) (Michie 1997) governs judicial review of administrative decisions. W.R......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT