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JEANNETTE C. NEARY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (12/06/83)

decided: December 6, 1983.

JEANNETTE C. NEARY, A/K/A ABORTION, BIRTH CONTROL AND PREGNANCY TESTING CLINIC, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. THE BELL TELEPHONE COMPANY OF PENNSYLVANIA ET AL., INTERVENORS



Appeal from the Order of the Pennsylvania Public Utility Commission in case of CHOICE and Donna Bonacci v. The Bell Telephone Company of Pennsylvania et al., No. C-79030771, dated June 19, 1981.

COUNSEL

Mary Alice Duffy, for petitioner.

Charles F. Hoffman, Chief Counsel, with him George H. Buchanan, Assistant Counsel, and Louise R. Knight, Deputy Chief Counsel, for respondent.

Donald F. Clarke, with him John W. Berresford, for intervenor, Bell Telephone Company of Pennsylvania.

Charles E. Rainey, Jr., Assistant Consumer Advocate, with him Martha W. Bush, Assistant Consumer Advocate and Walter W. Cohen, Consumer Advocate, for intervenor, Office of Consumer Advocate.

Kathryn Kolbert, with her Susan Cary Nicholas, for intervenor, Donna Bonacci and CHOICE.

President Judge Crumlish, Jr. and Judges MacPhail and Doyle, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 78 Pa. Commw. Page 637]

Jeannette C. Neary appeals a Public Utility Commission order directing Bell Telephone Company of Pennsylvania to, inter alia, delete the listing of her organization, "Abortion, Birth Control and Pregnancy Testing Clinic," from the white pages of all its subsequent telephone directories. We reverse.

This action commenced when Donna Bonnacci and CHOICE (Concern for Health Options: Information, Care and Education), respondents here, filed a formal complaint with the Commission, alleging that the director listing, "Abortion, Birth Control, and Pregnancy Testing Clinic," was deceptive, misleading and confusing to the public and that Bell's publication of the listing therefore violated Bell Tariff, Pa. PUC No. 1, § 5.A.1.*fn1 The tariff read in full as follows:

A listing in a telephone directory being merely for the convenience of the public in associating

[ 78 Pa. Commw. Page 638]

    a listed party with the proper call number, only those listings will be allowed which will lead to positive and particular identification of the listed party. Therefore, only the following will be accepted as listings: The real names of individuals, partnerships, and corporations, and/or the names under which individuals, partnerships, and corporations lawfully conduct their businesses; provided, however, the Telephone Company will reject or discontinue as listings, names which in the opinion of the Telephone Company will mislead or deceive the public or confuse the public in identifying the listed party. The Telephone Company, upon notification to the subscriber, will discontinue any ...


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