Order Michigan Supreme Court
Lansing, Michigan
December 13, 2007 Clifford W. Taylor,
Chief Justice
134493 Michael F. Cavanagh
Elizabeth A. Weaver
134500 Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
SBC MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 134493
COA: 264862
MPSC: 00-013079
MICHIGAN PUBLIC SERVICE COMMISSION,
Defendant-Appellee.
_________________________________________
SBC MICHIGAN,
Plaintiff-Appellee,
v SC: 134500
COA: 264862
MPSC: 00-013079
MICHIGAN PUBLIC SERVICE COMMISSION,
Defendant-Appellant.
_________________________________________/
On order of the Court, the applications for leave to appeal the June 17, 2004 and
June 12, 2007 judgments of the Court of Appeals are considered, and they are
GRANTED. The parties shall include among the issues to be briefed: (1) what legal
framework appellate courts should apply to determine the degree of deference due an
administrative agency in its interpretation of a statute within its purview; (2) whether the
Court of Appeals erred in deferring to the Michigan Public Service Commission’s
interpretation of MCL 484.2502(1)(a); (3) whether the Commission abused its discretion
in applying this statutory provision to a carrier’s diagnostic mistakes; and (4) whether the
Court of Appeals erred in holding that the Commission lacks the jurisdiction to prohibit
the imposition of a fee for a carrier’s inspection of its own services when that inspection
eliminates the carrier as the cause of a service disruption. The parties shall detail the
relationship between state regulatory authority and federal authority regarding
de-regulation in addressing the last question.
2
The Clerk of the Court is directed to place this case on the March 2008 session
calendar for argument and submission. Appellants’ brief and appendix must be filed no
later than January 25, 2008, and appellees’ brief and appendix, if appellees choose to
submit an appendix, must be filed no later than February 15, 2008.
Persons or groups interested in the determination of the issues presented in this
case may move the Court for permission to file briefs amicus curiae, to be filed no later
than February 27, 2008.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 13, 2007 _________________________________________
t1213 Clerk