Legal Opinion
Florida Public Telecommunications Ass'n v. City of Miami Beach
Court of Appeals for the Eleventh Circuit
Decided February 13, 2003No. 01-15996PublishedCited by 2 opinions
1Opinion of the Court
FAY, Circuit Judge:
This appeal presents primarily three questions: (1) whether the Florida Public Service Commission has exclusive jurisdiction over the regulation of pay phones located on private property under section 364.01, Florida Statutes; (2) whether a municipality has jurisdiction to regulate pay phones located in the public rights-of-way under section 364.01, Florida Statutes; and (3) if a municipality can regulate pay phones located in the public rights-of-way, then what constitutes a reasonable and non-discriminatory regulation related thereto.
We agree with the district court’s…
2Cases cited10 opinions
- Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
- Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
- James G. Messer v. City of Douglasville, Georgia, a Political Subdivision of the State of GeorgiaCourt of Appeals for the Eleventh Circuit · 1992
- BellSouth Telecommunications, Inc. v. Town of Palm BeachCourt of Appeals for the Eleventh Circuit · 2001
- Lewis v. Brunswick CorporationCourt of Appeals for the Eleventh Circuit · 1997
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3Cited by2 opinions
- City of Minot v. BogerNorth Dakota Supreme Court · 2008
- Florida Public Telecommunications Association, Inc. v. City Of Miami BeachCourt of Appeals for the Eleventh Circuit · 2003