364.33

Certificate of necessity or authority.

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364.33 Certificate of necessity or authority.A person may not provide telecommunications services to the public without a certificate of necessity or a certificate of authority. After July 1, 2011, the commission shall cease to issue certificates of necessity, but existing certificates of necessity remain valid. A certificate of necessity or authority may be transferred to the holder’s parent company or an affiliate or another person holding a certificate of necessity or authority, its parent company, or an affiliate without prior approval of the commission by giving written notice of the transfer to the commission within 60 days after the completion of the transfer. The transferee assumes the rights and obligations conferred by the certificate. This section does not affect any obligation of the transferee pursuant to 47 U.S.C. ss. 251 and 252 and the Federal Communications Commission’s orders and regulations implementing those sections.
History.s. 1, ch. 28013, 1953; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 32, ch. 80-36; s. 2, ch. 81-318; s. 5, ch. 83-73; ss. 6, 7, ch. 89-163; ss. 31, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 11, ch. 2009-226; s. 30, ch. 2011-36.
Notes of Decisions
Cited in 7 cases, 1954–1997 · leading case: International Telephone & Telegraph Corp. v. United Telephone Co.
International Telephone & Telegraph Corp. v. United Telephone Co. (1973) flmd · cites it 4× “It should be noted that the issue of the legality under Fla.Stat. § 364.33, F.S.A. of the communications project contemplated at the Shell Point Village has been raised before this Court in the defendant’s counterclaims.”
Santa Rosa County v. Gulf Power Co. (1994) fladistctapp · cites it 3× “Similarly, section 364.33, Florida Statutes (1989), requires telephone service providers to apply to the PSC for certificates of convenience and necessity to construct and operate and extend telephone lines, except in territories already served by such entities.”
Teleco Communications Co. v. Clark (1997) fla · cites it 7× “§ 364.33, Fla. Stat. (1993); Fla. Admin. Code R.”
Florida Tel. Corp. v. Carter (1954) fla · cites it 2× “21 and Chapter 28013, Laws of Florida 1953, F.S.A. § 364.33 et seq. F.S. § 364.03, F.”
International Telephone & Telegraph Corp. v. United Telephone Co. (1975) flmd · cites it 2× “ire,” but did state in its final order: “If in fact the telephone line, plant or system proposed to be acquired, constructed or operated by the Foundation is ‘for hire’ as alleged, a certificate from this Commission must first be obtained that the present or future public…”
International Telecharge, Inc. v. Wilson (1991) fla · cites it 2× “470(1) (April 1990); § 364.33, Fla.Stat. (1989). The PSC has been certifying AOS providers under the IXC certification requirements since 1986.”
Microcom, Inc. v. Mayo (1970) fla “In 1953, the Legislature authorized the granting of a certificate of public convenience and necessity tó a telephone company and required a certificate for such an operation in this State (See Section 364.33-364.40, Florida Statutes [F.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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