CopyCited 58 times | Published | Supreme Court of Florida | 2005 WL 3310297
...FACTS AND PROCEDURAL HISTORY As part of the nationwide transition from single-provider telecommunications services to a competitive marketplace, the Florida Legislature enacted legislation in 1995 authorizing governmental entities including municipalities to sell two-way telecommunications services to the public. See § 364.02(12), Fla....
...(1995). See ch. 97-197, § 3, Laws of Fla. [3] The pertinent portion of section
196.012(6), as amended, specifies that "[p]roviding two-way telecommunications services to the public for hire by the use of a telecommunications facility, as defined in s.
364.02(13), and for which a certificate is required under chapter 364 does not constitute an exempt use for purposes of s....
...e term "municipal purpose." The best evidence in this regard is the statute itself which recognizes that political subdivisions within the state may be issued certificates by the Public Service Commission to act as a telecommunications provider. See § 364.02(13), Fla....
CopyCited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 10837, 2001 WL 567711
...§
337.401
As a preliminary matter, it is necessary to define some of the key terms as they are used in the state
law and in the ordinance. Section
337.401 addresses municipal regulation of "telecommunications
companies," which are defined in §
364.02(12) as "every corporation, partnership, and person ......
CopyCited 14 times | Published | District Court, M.D. Florida | 19 Fed. R. Serv. 2d 1140, 1973 U.S. Dist. LEXIS 12860
...A “telephone line” is defined under the Florida Statutes to include: “ . . . conduits, ducts, poles, wires, cables . . . and all devices . used and operated to facilitate the business of affording telephonic communication service to the public for hire within this state.” Fla.Stats. § 364.02(5), F.S.A....
...electricity to his tenants was not a sale “to the public for hire”, the installation and operation of telephonic equipment to the tenants of Shell Point Village would not be service “to the public for hire,” within the meaning of Fla.Stats. § 364.02....
CopyCited 13 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 191, 2003 Fla. LEXIS 272, 2003 WL 747419
...astate transaction. In the order, the PSC states: But for the access to communications networks and facilities, providers would not collocate in Level 3's Gateways facilities, and Level 3 would not receive revenue from the lease of those facilities. Section 364.02(13), Florida Statutes, provides that a telecommunications facility "includes real estate, easements, apparatus, property, and routes used and operated to provide two-way telecommunications service to the public for hire within this sta...
...Level 3 argues that the extension of the PSC's authority to cover the company's nonregulated revenues unduly discriminates against collocation companies that are ALECs. However, Level 3 is not similarly situated to companies that solely engage in the rental of collocation facilities. Under section 364.02(12)(a)-(f), a company that only provides facilities to other telecommunications providers is not considered a telecommunications company....
...s service provider in Florida. An alternative local exchange telecommunications company (ALEC) is defined as any company certified by the Public Service Commission to provide local exchange telecommunications in Florida on or after July 1, 1995. See § 364.02(1), Fla....
...tworks with the networks of the new ALECs who sought entry into a particular market. See 47 U.S.C. § 251(c)(2)(2000). ILEC is defined by Florida law as a company certified by the PSC to provide local exchange service on or before June 30, 1995, see section 364.02(6), Florida Statutes (2001), and by federal law as a local exchange carrier that provided telephone exchange service in a particular area on February 8, 1996....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 21756, 2001 WL 1200887
...ervices, and market demand for essential
services, the commission determines should be provided at just, reasonable, and affordable rates to
customers, including those in rural, economically disadvantaged, and high-cost areas.” 13B Fla.
Stat. Ann. § 364.025(1) (1999)....
...Thus, even in the present
deregulatory climate, states still play a major role in implementing tariff
agreements that ensure universal service in intrastate telephone markets.
Like other states, Florida continues in its commitment to universal service.
See 13B Fla. Stat. Ann. § 364.025(1) (“It is the intent of the Legislature that
universal service objectives be maintained after the local exchange market is
opened to competitively provided services.”)....
...furnish basic local exchange telecommunications
service within a reasonable time period to any person requesting such service
within the company’s service territory.” Id. “Basic local telecommunications
service” includes, among other things, 911 emergency services, directory
assistance, and operator services. § 364.02(2) (emphasis added)....
...As part of Florida’s commitment to universal
service, each local carrier in Florida is required to provide basic local telephone
service within a reasonable time to anyone who requests it within the carrier’s
service area for an eight-year period after January 1, 1996. 13B Fla. Stat. Ann. §
364.025(1). Basic local phone service includes operator services. § 364.02(2)....
...It instead suggests that operator services are an essential
component to BellSouth’s local service, inextricably interwoven with the proper
transmission of telephone communications, not a cost rightly viewed as avoidable
or ancillary to basic telephone service. Section 364.02(2) also states that Florida
considers operator services a necessity, an integral service conducive to the smooth
operation of a carrier’s telecommunication platform....
CopyCited 8 times | Published | Supreme Court of Florida | 1996 WL 473317
...ications services. Id. §
364.01(4). [3] Under the new telecommunications law, extended calling service must be "in existence or ordered by the commission on or before July 1, 1995" to meet the definition of "basic local telecommunications service." §
364.02(2), Fla. Stat. (1995). "[A]ny telecommunications service provided by a local exchange telecommunications company other than a basic local telecommunications service" is defined as "nonbasic service." Id. §
364.02(8)....
CopyCited 4 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 16904, 1999 WL 33229296
...While Bellsouth relies upon the otherwise exclusive jurisdiction provided to the Florida Public Service Commission, Chapter 364 specifically states that "the authority and powers granted in Sections
166.231(9) and
337.401" are not affected by this Chapter. Florida Statutes §
364.02(2)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2003 WL 22797842
...hich sets out definitions for governmental, municipal, or public purposes or functions, by adding the following language: Providing two-way telecommunications services to the public for hire by the use of a telecommunications facility, as defined in s. 364.02(13), and for which a certificate is required under chapter 364 does not constitute an exempt use for purposes of s....
...e term "municipal purpose." The best evidence in this regard is the statute itself which recognizes that political subdivisions within the state may be issued certificates by the Public Service Commission to act as a telecommunications provider. See § 364.02(13), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 921, 2002 Fla. LEXIS 2268, 2002 WL 31426296
...nications companies." See § 364.051(1), Fla. Stat. (2001). There is no dispute that BellSouth, by virtue of being a "company certified by the commission to provide local exchange telecommunications service in this state on or before June 30, 1995," § 364.02(6), Fla....
...nications customers to rate increases for such item greater than six percent in any one-year period. For this reason, an essential issue before this Court is whether the newly restructured late payment charge is within a "nonbasic service category." Section 364.02 offers the following definitions germane to the instant case: (2) "Basic local telecommunications service" means voice-grade, flat-rate residential, and flat-rate single-line business local exchange services which provide a dial tone,...
...ny other than a basic local telecommunications service, a local interconnection arrangement described in s.
364.16, or a network access service described in s.
364.163. .... (11) "Service" is to be construed in its broadest and most inclusive sense. §
364.02, Fla....
...proper label for its restructured late payment charge. Merriam-Webster's Collegiate Dictionary defines "telecommunication" as "communication at a distance (as by telephone)." Merriam-Webster's Collegiate Dictionary 1211 (10th ed.1999). Additionally, section 364.02 defines a "telecommunications company" as a business entity "offering two-way telecommunications service to the public for hire within this state by the use of a telecommunications facility," and a "telecommunications facility" as "real estate, easements, apparatus, property, and routes used and operated to provide two-way telecommunications service to the public for hire within this state." § 364.02(12)-(13), Fla....
...tutes. While the statute at issue in the instant case is not a paragon of clarity with regard to precisely describing operative service categories, it certainly is clear that the Legislature intended to draft the definition of "service" contained in section 364.02(11) extremely broadly and to apply section 364.051(5)(a) consistently with the practices historically utilized in the industry....
...I respectfully dissent. I acknowledge that Public Service Commission (PSC) orders are accorded substantial deference by this Court. Nevertheless, I believe that the PSC's conclusion in this case was clearly erroneous. Although the term "service" in section 364.02, Florida Statutes (2001), is "to be construed in its broadest and most inclusive sense," it cannot be construed to include something that is clearly not a "service," i.e., a carrying charge....
...purposes of the law are properly pursued. [2] The dissent fails to recognize that the statutory construction issue here revolves around whether the instant charge is properly included, as provided by statute, in the "nonbasic service category." See § 364.02(6), Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 1425, 1991 WL 15126
...structure, the first prong of the Midcal test is satisfied. Id.
105 S.Ct. at 1730 (citations omitted). It is undisputed that the Florida legislature has given the PSC broad authority to regulate telephone common carriers. See Fla.Stat. §§
364.01,
364.02(3), 364.03(1), 364.035,
364.04(1), 364.05(1), and 364.19; see also §
350.001 ("The Florida Public Service Commission has been and shall continue to be an arm of the legislative branch of government."). Under § 364.19, the PSC "may regulate, by reasonable rules, the terms of telephone service contracts between telephone companies and their patrons." The term service "is used in this chapter in its broadest and most inclusive sense." Fla.Stat. §
364.02(3)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...401
As a preliminary matter, it is necessary to define some of the key terms as
they are used in the state law and in the ordinance. Section
337.401 addresses
municipal regulation of “telecommunications companies,” which are defined in §
364.02(12) as “every corporation, partnership, and person ....
CopyPublished | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 283, 1997 Fla. LEXIS 685
...RTOA filed a motion for referral to the PSC of those matters over which it has jurisdiction. The circuit court granted that motion but retained jurisdiction over the contract issues. The PSC determined that Teleeo was a “telecommunications company” within the meaning of section 364.02(7), Florida Statutes (1993)....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
provision of telecommunications services. 2 Section
364.02(12), Fla. Stat. (1995). 3 See, Ch. 95-403,
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...1 In this capacity the city questions whether its records relating to this service are public records subject to disclosure and copying under the Public Records Law or whether the provisions of Chapter 364 , Florida Statutes, which limit disclosure of such records, would apply. Question One Pursuant to section 364.02 (12), Florida Statutes, a "[t]elecommunications company" is defined to include "every political subdivision in the state, offering two-way telecommunications service to the public for hire within this state by the use of a telecommunic...
...1996 Supp.), makes certain records supplied by a telecommunications company to a governmental agency confidential and exempt from the Public Records Law. The statute provides that: "All records supplied by a telecommunications company, as defined by s. 364.02 , to a state or local governmental agency which contain the name, address, and telephone number of subscribers are confidential and exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution." It has already been determined that the City of Lakeland acts as a telecommunications company as defined by section 364.02 , Florida Statutes....
...ust be maintained as confidential records pursuant to section
119.07 (3)(r), Florida Statutes (1996), when they are supplied by the city to another state or local governmental agency. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 See , s.
364.02 (1), Fla....
CopyPublished | Supreme Court of Florida | 1953 Fla. LEXIS 1787
...In and by his final decree the Chancellor found that all of the charges made were “all charges for telephone service, even though the contract sets forth individual charges for each of the enumerated items” and that the tax “is a tax upon telephone service only”. The word “service” is defined in Section 364.02 F.S., F.S.A., as follows: “The term ‘service,’ is used in this chapter in its broadest and most inclusive sense.” Other appropriate definitions may be found in the American College Dictionary....
CopyPublished | Supreme Court of Florida | 1970 Fla. LEXIS 2244
as contemplated in regulatory statute Fla.Stat. §
364.02 (1965), F.S.A., and that accordingly the Commission
