City of Norfolk v. Chesapeake & Potomac Telephone Co.

In this appeal of right, the City of Norfolk, an intervenor below, seeks reversal of an order of the State Corporation Commission amending the existing tariff of Chesapeake and Potomac Telephone Company of Virginia. The amendment authorizes C & P to surcharge its Norfolk customers a portion of certain franchise fees it annually pays the City.

The record shows that under a Norfolk City ordinance adopted April 5, 1898, which both parties to this appeal characterize as a “franchise agreement,” C & P enjoys the non-exclusive right to use the public ways of the City for the installation and…