Crist v. Jaber

908 So. 2d 426, 2005 WL 1577998
CourtSupreme Court of Florida
DecidedJuly 7, 2005
DocketSC04-9, SC04-10, SC04-946
StatusPublished
Cited by10 cases

This text of 908 So. 2d 426 (Crist v. Jaber) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crist v. Jaber, 908 So. 2d 426, 2005 WL 1577998 (Fla. 2005).

Opinion

908 So.2d 426 (2005)

Charles J. CRIST, Jr., etc., Appellant,
v.
Lila A. JABER, etc., et al., Appellees.
Harold McLean, etc., Appellant,
v.
Lila A. Jaber, etc., et al., Appellees.
AARP, Appellant,
v.
Lila A. Jaber, etc., et al., Appellees.

Nos. SC04-9, SC04-10, SC04-946.

Supreme Court of Florida.

July 7, 2005.

*428 Charles J. Crist, Jr., Attorney General, Christopher M. Kise, Solicitor General, Lynn C. Hearn, Deputy Solicitor General, Tallahassee, FL, on behalf of Charles J. Crist, Jr., Attorney General, State of Florida.

Harold McLean, Public Counsel, Charles J. Beck, Deputy Public Counsel and H.F. Mann, Associate Public Counsel, Tallahassee, FL, on behalf of the Citizens of the State of Florida.

Michael B. Twomey, Tallahassee, FL, on behalf of AARP, for Appellants.

Richard D. Melson and David E. Smith, Tallahassee, FL, on behalf of Florida Public Service Commission.

Susan F. Clark and Donna E. Blanton of Radey, Thomas, Yon and Clark, P.A., John P. Fons, Major B. Harding and Jennifer Heckman of Ausley and McMullen, Charles J. Rehwinkel and Susan S. Masterton, Tallahassee, FL and Elizabeth B. Sanchez, Tampa, FL, on behalf of Bellsouth Telecommunications, Inc., Bellsouth Long Distance Inc., Sprint-Florida, Inc., Sprint Communications Limited Partnership and Verizon Florida, Inc.

Floyd R. Self and E. Gary Early, Tracy W. Hatch, George N. Meros, Jr., of Gray Robinson, P.A., and Donna C. McNulty, Tallahassee, FL, on behalf of AT & T of the Southern States, LLC, Knology of Florida, Inc., and MCI Worldcom Communications, Inc., for Appellees.

PER CURIAM.

We have on appeal a decision of the Florida Public Service Commission (Commission), relating to rates of basic local telecommunications services. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. For the foregoing reasons, we conclude that the actions of the Commission are supported by competent, substantial evidence and are consistent with the provisions of section 364.164, Florida Statutes (2003), and we affirm the order of the Commission granting the petitions filed under section 364.164.

GENERAL BACKGROUND

Prior to 1995, "local telephone service within each of Florida's local calling areas was provided by a single company," and rates for local telephone service were regulated by the Commission. Sprint-Fla., Inc. v. Jaber, 885 So.2d 286, 288 (Fla.2004). While the enactment of chapter 95-402, Laws of Florida, in 1995 opened the local monopoly telecommunications market to competition, existing subsidies supporting the rates of local telephone service providers deterred competitors from entering the market because such subsidies tended to keep rates low and limit profits in that market. See § 364.164(1)(a), Fla. Stat. (2003); Sprint-Fla., Inc., 885 So.2d at 289. *429 Subsequently, in 2003, in an effort to address the continuing lack of competition fostered by the rate subsidies and encourage more competition in the local service market, the Florida Legislature enacted the Tele-Competition Innovation and Infrastructure Enhancement Act (Act). See ch.2003-32, Laws of Fla.[1] The Act's legislative history expressly noted its purpose "to further[ ] the development of a more competitive telecommunications market in Florida." Fla. H.R. Comm. on Bus. Reg., HB 1903 (2003) Staff Analysis (Apr. 21, 2003) (on file with comm.). Section 15 of the Act, creating section 364.164, permits an incumbent local exchange carrier (ILEC), to petition the Commission to reduce the connection and disconnection fees it charges when a call is placed between local calling areas (intrastate switched network access rates), and to make offsetting increases in basic local service rates. § 364.164(1), Fla. Stat. (2003) ("Each local exchange telecommunications company may, after July 1, 2003, petition the commission to reduce its intrastate switched network access rate in a revenue-neutral manner.").[2] The Act specifically provides that the Commission, in evaluating a petition filed pursuant to section 364.164, is required to consider, among other things, whether the petition will "[r]emove current support for basic local telecommunications services that prevents the creation of a *430 more attractive competitive local exchange market for the benefit of residential consumers," § 364.164(1)(a), Fla. Stat. (2003), and "[i]nduce enhanced market entry." § 364.164(1)(b), Fla. Stat. (2003). Further, under section 364.01(4)(a), the Commission has an ongoing duty to "ensur[e] that basic local telecommunications services are available to all consumers in the state at reasonable and affordable prices." § 364.01(4)(a), Fla. Stat. (2003).

PROCEEDINGS TO DATE

In September and October 2003, Bell-South Telecommunications, Inc. (Bell-South), Sprint-Florida, Inc. (Sprint), and Verizon Florida, Inc. (Verizon) (collectively, the ILECs), filed petitions with the Commission under section 364.164. After a three-day hearing, the Commission entered an order granting the petitions. Subsequently, the Commission entered an order on the Attorney General's and the AARP's motions for reconsideration, restating its conclusion that the petitions satisfy the provisions and mandate of section 364.164 and rejecting the argument that it failed to consider section 364.01(4)(a)'s mandate to ensure reasonable and affordable basic local telecommunications rates. Thereafter, this Court consolidated the timely filed appeals of the Commission's orders by the Attorney General, the Office of Public Counsel, and the AARP.

STANDARD OF REVIEW

We have consistently held that the Commission's orders, and concomitant interpretations of statutes and legislative policies that it is charged with enforcing, are entitled to great deference. Level 3 Communications, LLC v. Jacobs, 841 So.2d 447, 450 (Fla.2003); Gen. Tel. Co. v. Carter, 115 So.2d 554, 556 (Fla.1959). Similarly, the Commission's factual findings are entitled to a presumption of correctness. Sprint-Fla., Inc., 885 So.2d at 290.

To overcome these presumptions, a party challenging an order of the Commission on appeal has the burden of showing a departure from the essential requirements of law and the legislation controlling the issue, or that the findings of the Commission are not supported by competent, substantial evidence. W. Fla. Elec. Coop. Ass'n v. Jacobs, 887 So.2d 1200, 1204 (Fla.2004). "This Court will approve the commission's findings and conclusions if they are based upon competent, substantial evidence and are not clearly erroneous." Id.

ANALYSIS

At issue in this appeal is whether the Commission has acted in accord with the legislative mandates of sections 364.01 and 364.164, and whether there is competent, substantial evidence supporting the Commission's conclusion that the petitions satisfy sections 364.01(4)(a) and 364.164(1)(a) and (b). Appellants do not challenge the Commission's conclusion that the petitions satisfy section 364.164(1)(c) and (d). For example, there is no contention that the actions of the Commission, in their net effect, are not revenue-neutral in that the rate increases are offset by reductions in other service fees. From our review of the plain language of the legislation and the evidence before the Commission, it does not appear that the Commission has strayed from the terms or the policy advanced by the Legislature. We therefore affirm the order of the Commission granting the petitions.

Section 364.164(1)(a)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sierra Club v. Julie Imanuel Brown, etc.
243 So. 3d 903 (Supreme Court of Florida, 2018)
Citizens of the State of Florida v. Art Graham, etc.
213 So. 3d 703 (Supreme Court of Florida, 2017)
Southern Alliance for Clean Energy v. Graham
113 So. 3d 742 (Supreme Court of Florida, 2013)
LaMorte v. State
984 So. 2d 548 (District Court of Appeal of Florida, 2008)
GTC, INC. v. Edgar
967 So. 2d 781 (Supreme Court of Florida, 2007)
Ariano v. State
961 So. 2d 366 (District Court of Appeal of Florida, 2007)
Maxwell v. Illinois Central Gulf RR
513 So. 2d 901 (Mississippi Supreme Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
908 So. 2d 426, 2005 WL 1577998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crist-v-jaber-fla-2005.