professional persons separated into categories or subject headings generally descriptive of their business or profession. There are four basic types of listings in the single, bound volume which constitutes the Directory: (1) Alphabetical light-faced type listings; (2) Alphabetical bold-faced type listings; (3) Alphabetical in-column business card listings; and (4) Display advertisements.
5. Although the revenues and expenses of the Telephone Company are taken into account by the Commission in determining the overall rates permitted for telephone service, the Commission has not in the past regulated the rates charged voluntary advertisement subscribers.
6. The Public Service Commission ruled in Order No. 5038, and reaffirmed in Order No. 5053, that it had no statutory jurisdiction to regulate advertising rates charged by the Chesapeake and Potomac Telephone Company for the "Yellow Pages."
7. This appeal pursuant to Section 43-705 of the D.C.Code was duly filed June 9, 1966.
8. Motion for summary judgment was duly filed by plaintiffs on July 29, 1966. Cross-motion for summary judgment was duly filed by defendant-intervenor, Telephone Company, on August 31, 1966.
Conclusions of Law
1. This Court has jurisdiction to review the orders of the Public Service Utilities Commission appealed from under Section 43-705 of the District of Columbia Code.
2. The motions for summary judgment of plaintiffs and defendant-intervenor Telephone Company present solely a question of law for review by the Court. No genuine issue as to any material fact appears to exist between the parties. Section 43-706 of the D.C.Code authorizes the Court, without restriction, to determine all "questions of law" on appeals from orders and decisions of the Commission. This Court has jurisdiction to make an independent judgment on the pure question of law now before it.
3. The Commission's decision that the advertising published in the Classified Telephone Directory does not constitute such a "service" is a reasonable decision supported by rational distinctions between advertising and the basic classified listings.
4. The Commission's decision is consistent with over fifty years of administrative practice, four formal legal opinions rendered by the Corporation Counsel, and the weight of regulatory decision and practice.
5. Order No. 5038 and Order No. 5053 of the Commission are not erroneous as a matter of law.
6. The Public Utilities Commission does not have statutory jurisdiction, as a matter of law, to regulate the advertising rates charged for advertising in the "Yellow Pages."
Accordingly, plaintiffs' motion for summary judgment will be denied; the cross-motion for summary judgment of defendant-intervenor, the Telephone Company, will be granted; and plaintiffs' "Petition of Appeal" will be dismissed.
The further question presented by the cross-motion as to whether or not Ace Van & Storage Co., Inc., and Smith's Transfer & Storage Co., Inc., have standing to appeal from the order of the Commission is declared moot because of the above ruling of this Court.
Appropriate order to be submitted by counsel for defendant-intervenor, the Telephone Company.