CopyCited 8 times | Published | Supreme Court of Florida | 1996 WL 473317
...on the ECS routes. As explained in Order No. PSC-95-1391-FOF-TL, the Commission approved BellSouth's ECS tariff proposal to implement the $25 million rate reduction required by the previous order. The Commission determined that the savings clause in section 364.385(3), Florida Statutes (1995), [5] requires *1270 that BellSouth's ECS proposal "be processed under the former version of Chapter 364, Florida Statutes." The Commission further concluded that the consent of all parties was not required...
...umptions by showing a departure from the essential requirements of law. City of Tallahassee v. Mann,
411 So.2d at 164; Shevin v. Yarborough,
274 So.2d 505, 508 (Fla.1973). In the instant case, the Commission interpreted the express savings clause in section
364.385(3) as removing all proceedings relating to the implementation agreement contained in Order No. PSC-94-0172-FOF-TL from the revised telecommunications law. We do not find this interpretation to be clearly erroneous. Section
364.385(3) clearly provides that the BellSouth implementation agreement shall remain in effect even after the 1995 revisions to chapter 364....
...However, the legislature also clearly intended that the BellSouth implementation agreement approved in Order *1271 No. PSC-94-0172-FOF-TL remain in effect and so provided in a specific statutory savings clause. Moreover, based upon the general savings clause in section 364.385(2), the legislature must have concluded that regulating some existing ECS as basic service would not thwart the legislative intent of fostering competition....
...direct cost, also "include as an imputed cost the price charged by the company to competitors for any monopoly component used by a competitor in the provision of its same or functionally equivalent service." § 364.051(6)(c), Fla. Stat. (1995). [5] Section 364.385(3), Florida Statutes (1995), contains a savings clause specific to the BellSouth implementation agreement....
...The statute provides in pertinent part: Florida Public Service Commission Order No. PSC 94-0172-FOF-TL shall remain in effect, and BellSouth Telecommunications, Inc., shall fully comply with that order unless modified by the Florida Public Service Commission pursuant to the terms of that order. § 364.385(3), Fla. Stat. (1995). [6] Section 364.385(2), Florida Statutes (1995), contains a general savings clause that authorizes the application of the previous version of chapter 364 to extended calling service under certain circumstances....
CopyPublished | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 283, 1997 Fla. LEXIS 685
...sity under section
364.33. Even if the law as amended would now permit Teleco to acquire and own the inside wire without a certificate of necessity, chapter 95-403 does not contain a provision for retroactive application of the law. To the contrary, section
364.385(2), Florida Statutes (1995), states in relevant part: Proceedings including judicial review pending on July 1,1995, shall be governed by the law as it existed prior to the date on which this section becomes a law. The final order below was issued on October 21, 1994, well before June 18, 1995, the date when section
364.385(2) became a law....
