CopyCited 18 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 137, 2002 Fla. LEXIS 221, 2002 WL 220589
...The Commission found that in the instant case, publishing the yellow pages advertising did not appear to be a separate function from publishing the white pages. See Order No. PSC-01-0097-DS-TL at 7. APPEAL On appeal, Verizon contends that the Commission incorrectly interpreted section 364.336, Florida Statutes (2001), when it concluded that Verizon had to pay a regulatory assessment fee on the yellow pages advertising revenues it books and collects for Directories. Verizon argues that the Commission, in its order, failed to give effect to the plain meaning of section 364.336, which would preclude the Commission from including Directories' revenues in the calculation of Verizon's regulatory assessment fees....
...Further, a court will not depart from the contemporaneous construction of a statute by a state agency charged with its enforcement unless the construction is "clearly erroneous." PW Ventures, Inc. v. Nichols,
533 So.2d 281, 283 (Fla.1988). Verizon contends that the Commission's interpretation of section
364.336, Florida Statutes, is clearly erroneous. We agree. Section
364.336, Florida Statutes, states in pertinent part: "[E]ach telecommunications company licensed or operating under this chapter ......
...Comm'n,
425 So.2d 534 (Fla. 1982). There is no need to resort to other rules of statutory construction when the language of the statute is unambiguous and conveys a clear and ordinary meaning. See Starr Tyme, Inc. v. Cohen,
659 So.2d 1064 (1995). The pertinent language of section
364.336 is plain when it states that telecommunications companies, operating under chapter 364, are only required to pay regulatory assessment fees based on a percentage *909 of their own gross operating revenues derived from intrastate business. In its order, the Commission imputes Directories' revenues to Verizon for purposes of regulatory assessment fee calculation. Yet, nothing in the plain language of section
364.336 serves as a basis for allowing the Commission to impute revenues to Verizon from Directories in the regulatory assessment fee calculus. Accordingly, we hold that the Commission does not have the authority under section
364.336 to impute Directories' yellow pages advertising revenues to Verizon....
CopyCited 13 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 191, 2003 Fla. LEXIS 272, 2003 WL 747419
...state commerce. Level 3 maintained that its collocation [2] revenues should not be included as "gross operating revenues derived from intrastate business" as contemplated by rule 25-4.0161, Florida Administrative Code, and sections
350.113(3)(b) and
364.336, Florida Statutes (2001), for purposes of calculating the regulatory assessment fee for calendar year 1999....
...no. PSC-01-0097-DS-TL (Verizon order). There, the PSC determined that Verizon was required to pay regulatory assessment fees on directory publishing revenues. Level 3 contended that the Verizon order "makes it clear that Sections 350.1113(3)(b) and 364.336, Florida Statues, were never intended to impose *450 a regulatory assessment fee on the revenues of a regulated telecommunications company that are not derived from a required component of that telecommunications company's communications serv...
...n the collocation revenues of Level 3. The PSC has exclusive jurisdiction to regulate telecommunications of Florida. See §
364.01, Fla. Stat. (2001); Florida Interexchange Carriers Ass'n v. Beard,
624 So.2d 248, 251 (Fla.1993). Sections
350.113 and
364.336, Florida Statutes (2001), establish the formula by which the PSC calculates its costs and collects fees needed to cover those costs from telecommunications companies....
...ed from intrastate business during those months or parts of months in which the regulated company did operate during such 6-month period. In no event shall payments under this section be less than $25 annually. §
350.113(1), (3), Fla. Stat. (2001). Section
364.336 provides the fee rate for telecommunications companies....
...ses of this section and the fee specified in s.
350.113(3), any amount paid to another telecommunications company for the use of any telecommunications network shall be deducted from the gross operating revenue for purposes of computing the fee due. §
364.336, Fla....
...ues generated by its collocation agreements result from providing support for internet services, the company argues that its revenues are "inherently interstate in nature." However, Level 3's argument ignores the fact that sections
350.113(3)(b) and
364.336 impose regulatory assessment fees on the gross operating revenue of its intrastate business, not the intrastate or interstate business of its customers....
...Recently, this Court struck down an order of the PSC which assessed regulatory fees on the revenues of a telecommunication company's affiliate. See Verizon Florida, Inc. v. Jacobs,
810 So.2d 906 (Fla.2002). We found that the PSC did not have authority under section
364.336 to impute the affiliate company's revenues to Verizon. Id. at 909. This Court reasoned: The pertinent language of section
364.336 is plain when it states that telecommunications companies, operating under chapter 364, are only required to pay regulatory assessment fees based on a percentage of their own gross operating revenues derived from intrastate business. In its order, the Commission imputes Directories' revenues to Verizon for purposes of regulatory assessment fee calculation. Yet, nothing in the plain language of section
364.336 serves as a basis for allowing the Commission to impute revenues to Verizon in the regulatory assessment fee calculus....
...on the type of intrastate business the company is providing. Section
350.113(3)(b) reads: "For each telephone company licensed or operating under chapter 364, one-eighth of 1 percent of its gross operating revenues derived from intrastate business." Section
364.336, Florida Statutes, states in pertinent part: " Notwithstanding any provisions of the law to the contrary, each telecommunications company licensed or operating under this chapter ... shall pay to the commission ... a fee that may not exceed 0.25 percent annually of its gross operating revenues derived from intrastate business." (Emphasis added.) Nothing in the plain language of section
364.336 exempts a telecommunications company from paying regulatory assessment fees on collocation revenues derived from intrastate business....
...at 145. Since nothing in the statute expressly prohibited the inclusion of white page expenses in the calculating of gross profits, the Court affirmed the PSC's order. We agree with this reasoning. In the instant case, nothing in sections
350.113 or
364.336 prohibits the PSC from including Level 3's collocation revenue for purposes of calculating gross profits....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...(1995), which provides for the certification of alternate local exchange telecommunications companies, authorizes such companies to petition the Public Service Commission for a waiver of some or all of the requirements of this chapter, except ss.
364.16 ,
364.336 , and subsections (1) and (5) . Section
364.336 , as discussed herein, provides criminal penalties for the disclosure of telephone messages or communications by telecommunications company employees....
