Arkansas Public Service Commission v. Allied Telephone Co.

Robert H. Dudley, Justice.

The Arkansas Public Service Commission is funded by fees which are assessed annually on the regulated utilities. The fees are based upon the company’s revenue and not upon the amount of time and money it takes to regulate each utility. The issue in this case of statutory interpretation is whether the interstate toll revenues of a telephone company should be included in the company’s “gross earnings” in computing the fee.

The Public Service Commission, and its predecessor Department of Public Utilities, in assessing the annual fee from 1935 to the date this series of…