RCC of Virginia, Inc. v. Roanoke & Botetourt Telephone Co.

288 S.E.2d 478, 223 Va. 342, 1982 Va. LEXIS 207
CourtSupreme Court of Virginia
DecidedMarch 12, 1982
DocketRecord No. 811345
StatusPublished
Cited by3 cases

This text of 288 S.E.2d 478 (RCC of Virginia, Inc. v. Roanoke & Botetourt Telephone Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
RCC of Virginia, Inc. v. Roanoke & Botetourt Telephone Co., 288 S.E.2d 478, 223 Va. 342, 1982 Va. LEXIS 207 (Va. 1982).

Opinion

COMPTON, J.,

delivered the opinion of the Court.

This appeal of right stems from a dispute between a telephone company and a radio common carrier, both engaged in providing a radio paging service, over the meaning of a statute which applies solely to telephone companies.

Insofar as pertinent here, a radio paging system provides one-way radio communication with an individual or group of individuals. The customer subscribing to the service carries a small radio receiver, called a “pager” or “beeper.” The pager is activated when the calling party dials a specific telephone number; through use of an automatic control terminal, a radio transmitter is then energized which sends, via an antenna, a radio signal that can be received only by the pager assigned the telephone number. The pager, depending on the service provided, emits a tone-only or a tone-and-voice message.

This proceeding commenced in July of 1980 when appellee Roanoke and Botetourt Telephone Company filed an application with [344]*344the State Corporation Commission asking that its certificate of public convenience and necessity as a telephone company be amended. The applicant sought, under the Utility Facilities Act, Code §§ 56-265.1 to -265.9, aúthorization to provide radio paging service in Roanoke County and the Cities of Roanoke and Salem, located in the Roanoke Valley. In addition to its landline telephone service, the applicant had been authorized to provide paging service in adjacent Botetourt County.

Filing protests to the application were the Chesapeake & Potomac Telephone Company and appellant RCC of Virginia, Inc. C & P provides landline telephone service in Roanoke County and the Cities of Roanoke and Salem. It also provided radio paging service in the area the applicant proposed to serve.

RCC, pursuant to the Commission’s authority under another chapter of Title 56 of the Code, §§ 56-508.1 - 508.7, offered paging service as a radio common carrier in portions of Botetourt County, in Roanoke County, and in the Cities of Roanoke and Salem.

Following an ore tenus hearing before one of its hearing examiners, the Commission, one commissioner dissenting, adopted the findings contained in the hearing examiner’s report and granted the applicant’s request. Accordingly, the Commission ordered the applicant’s certificate of public convenience and necessity amended “for the limited purpose of authorizing applicant to provide one-way mobile radio paging service in the Cities of Roanoke and Salem, and County of Roanoke.” From the Commission’s final order of May 5, 1981, supplemented by a written opinion, RCC has appealed; C & P has not.

This dispute began to evolve in late 1977 and early 1978. At that time, utilizing an antenna on Tinker Mountain in southern Botetourt County, the applicant began offering paging services not only to customers living and working within its Botetourt certificated area but also to persons living and working outside that area in the Roanoke Valley. In June of 1978, upon complaint of RCC, the Commission notified the applicant that a telephone utility could not provide radio paging services beyond the boundaries of its certificated area.

Subsequently, the applicant sought to amend its certificate of public convenience and necessity to provide service similar to that requested in the instant proceeding. In an April 1979 order, the Commission denied that application. It ruled that the regulatory [345]*345plan in this State “does not provide for competition between telephone utilities either in the provision of landline service or radio common carrier service.” The Commission further stated that one telephone company could not “move into” the certificated territory of a second telephone company to provide service unless it proceeded under Code § 56-265.4, which required proof that the second company was rendering inadequate service.

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

Related

Michael Maurice White v. Commonwealth
Court of Appeals of Virginia, 2003
Nationwide Mutual Insurance v. Housing Opportunities Made Equal, Inc.
523 S.E.2d 217 (Supreme Court of Virginia, 2000)
Southern Message Serv. v. LA. PUBLIC SERV. COM'N
554 So. 2d 47 (Supreme Court of Louisiana, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
288 S.E.2d 478, 223 Va. 342, 1982 Va. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rcc-of-virginia-inc-v-roanoke-botetourt-telephone-co-va-1982.