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By James M Gavin; United States. Army. Airborne Division, 82nd

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Under Illinois law, a public utility, including telephone and electric companies, is liable for damages arising from an act or omission to act which is forbidden or unlawful under that state statute or commission rule, regulation, or order (220 ILCS 5/13101, 1992). In some cases such express provisions have been held to override limitation on liability provisions (Lahke v. Cincinnati Bell. , 1981), but in other cases it has not allinois Bell Switching Station Litigation, 1994}. 7 Thus, the origin of limited liability provisions by telephone companies was their use in contracts with licensees and subscribers during the period prior to the expiration of the telephone patents.

Co. v. Burke. Given a valid provision, the filed rate doctrine only means that such a provision, if filed in a tariff, must be applied nondiscriminatorilyacross customers. Furthermore, the FCC introduces a new form of logical inconsistency. By citing Western Union v. , the FCC has actually contradicted itself. In In the Matter of AT&T, the FCC upheld AT&T's limitation on liability provisions because it found them to be in the public interest by striking a reasonable balance between the rights of aggrieved customers and provision of service at low rates.

They are reliance on Western Union v. Esteve Bros. and the filed rate doctrine, the regulatory contract theory, the ability to enable low rates, and the technical conditions of supply that make disruptions or errors in service inevitable. All of these traditional justifications suffer from serious flaws. Reliance on Western Union v. Esteve Bros. and the filed rate doctrine is logically flawed, misapplying the holding in Western Union v. Esteve Bros. R. Co. v. Burke. Reliance on the regulatory contract theory is factually flawed, perpetuating an historically inaccurate myth.

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82d Airborne Division : Operation Market : historical data by James M Gavin; United States. Army. Airborne Division, 82nd


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