City of Kenova, a municipal corporation v. Bell Atlantic-West Virginia, Inc., Citizens Telecommunications Co., and County Commission of Wayne County, No. 23087 (W. Va. June 14, 1996) (McHugh, C.J.):
Where a dispute arose regarding establishment of enhanced 911 service in a county of which a portion was served by a neighboring county's enhanced 911 system, the Court held (1) in the event that a conflict arises between county commissions, between telephone companies, between a telephone company or companies and a county commission or commissions, or between the department of public safety and any of the foregoing entities concerning a 911 system or an enhanced 911 system, the public service commission, upon application by such county commission, telephone company, or department of public safety, shall resolve such conflict, pursuant to W. Va. Code § 24-6-7; (2) neither W. Va. Code § 24-6-7 nor W. Va. Code § 24-6-1a authorizes the public service commission to resolve conflicts which arise between a county commission and a municipality concerning a 911 system or an enhanced 911 system; and (3) under W. Va. Code § 24-6-5, an enhanced 911 system, at a minimum, shall provide that all the territory in the county, including every municipal corporation in the county, which is served by telephone company central office equipment that will permit such a system to be established shall be included in the system.
James Casey and Brenda Hightower v. Public Service Commission of West Virginia; GTE South, Inc., and AT&T Communications of West Virginia, a corporation, No. 22483 (W. Va. April 14, 1995) (McHugh, J.): 193 W.Va. 606, 457 S.E.2d 543:
Affirming the dismissal of a consumer complaint regarding interstate long-distance charges, the Court held that the Communications Act of 1934 granting jurisdiction to the Federal Communications Commission to adjudicate consumer complaints regarding charges for interstate calls preempts the jurisdiction of the Public Service Commission under state law to adjudicate complaints regarding charges for intrastate calls, even though the FCC has deferred to the states to regulate the procedure for disconnecting service for nonpayment of interstate charges.
AT&T, Inc. v. Public Service Commission of West Virginia, West Virginia Cellular Telephone Corporation, and Consumer Advocate of the Public Service Commission, No. 21110 (W. Va. October 22, 1992) (Neely, J.): 188 W.Va. 250, 423 S.E.2d 859:
Rejecting AT&T's request for blanket protection of certain financial information required to be reported to the Public Service Commission, the Court remanded for a more specific showing of a need for nondisclosure, holding that in order to obtain a protective order from the Public Service Commission to prevent the disclosure of annual report information, a utility must make a credible showing that the information is a "trade secret" as described W. Va. Code § 29B-1-4(1).
Capitol Radiotelephone Company; American Mobilphone, Inc.; Mobilfone Service, Inc.; Paging, Inc.; Alvar V. Lauttamus, II, d/b/a Beep-Call; Personal Communications, Inc.; Mobile Telephone Service of Wheeling, Inc.; and Bobier Electronics, Inc. v. Public Service Commission of West Virginia and the Independent Paging Network, No. 19796 (W. Va. March 18, 1991) (McHugh, J.): 185 W.Va. 39, 404 S.E.2d 528:
Rejecting a challenge by several paging companies to the issuance of a certificate to an applicant to operate a paging service as an adjunct to its cellular telephone business, the Court held that unlike an application for a certificate of public convenience and necessity to a motor carrier under W. Va. Code § 24A-2-5(a), the PSC is not required to consider the effect of granting a certificate on existing radio common carriers under W. Va. Code § 24-2-11.