Industrial Communications Systems, Inc. v. Public Utilities Commission

Good Law
150 Cal. Rptr. 13·1978 Cal. LEXIS 304·22 Cal. 3d 572·585 P.2d 863
Supreme Court of CaliforniaOctober 27, 1978S.F. No. 23581California3,519 words

Opinion

lead Opinion

Newman, J.

In May 1974, pursuant to Public Utilities Code sections 489 and 491, 1 General Telephone Company of California (General Telephone) filed with the Public Utilities Commission (Commission) certain changes in its tariffs for mobile telephone service. Rates were proposed for one-way radio-paging service in the Redlands/San Bernardino area. General Telephone previously had not offered that service in the area. 2

Involved here is a one-way radio-paging technique that permits a customer in transit to be contacted by someone at a stationary telephone. The stationary individual dials into the paging terminal an assigned, four-digit code number. A signal is transmitted by radio to the transiting person, who receives it as a tone emitted from a portable receiver. Two-way mobile service, which General Telephone already was providing in the area, also uses radio transmissions. It permits two-way voice communication rather than the simpler, one-way tone paging involved in General Telephone’s proposed tariff modifications here.

Protests against the proposed modifications were filed with the Commission by two radiotelephone utilities (RTUs). 3 They provided *576 similar service in the…

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