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Petition for Review of a Decision of the Public Service Commission of the District of Columbia

Argued January 23, 2001

Today this court is called upon to vindicate the reputation of a public pay telephone owned by petitioner Bell Atlantic – Washington, D.C., Inc. Reversing the findings and decision of its hearing officer, the Public Service Commission determined that the payphone was involved in “illegal or suspicious activity” and ordered its removal. We hold that the record does not support a finding that the payphone in question was used for illegal purposes. We find ourselves uncertain whether the regulations of the Commission authorize it to order removal of a payphone based solely on a finding of “suspicious activity,” and if so what the standard of “suspicious activity” means in this context. We therefore remand this matter to the Commission to permit it to speak to those questions in the first instance.

 
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