Industrial Communications Systems

22 Cal. 3d 572 (1978), 585 P.2d 863

The Court reversed the Commission’s termination of an investigation which had the effect of permitting a General Telephone to expand its paging service area by filing an advice letter.  The Court concluded that since the expansion in question was more than minimal.  General should have been required to file an application under Section 1001.  The court also held that the Commission had failed to consider the anticompetitive effects of the expansion (See Para. 67.)  The Court held that simply admitting evidence did not discharge the Commission obligations; it was required as well to demonstrably weigh it.  (This case is frequently cited in tandem with United States Steel, Para. 47; subsequent appellate decisions offer nothing to suggest appellate courts have much interest in this argument.)

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