This appeal involved the Tennessee Regulatory Authority’s (TRA) consideration of a tariff filed by BellSouth. The Consumer Advocate and a group of BellSouth’s competitors filed petitions to suspend the tariff and to open a contested case proceeding to determine if the tariff was discriminatory and anti-competitive. Citing its discretionary powers and without taking evidence, the TRA refused to suspend the tariff and refused to open a contested case.
The Court of Appeals disagreed noting that “discretionary decisions must take the law and the facts into account”. In the instant matter, the record was devoid of evidence upon which the TRA could resolve the dispute between the parties on the merits. The Court of Appeals determined that the TRA had abused its discretion when it declined to grant a contested case hearing regarding the challenges to the BellSouth tariff.
This list includes only significant filings and is not intended to be a complete record of the matter.