Dieca Communications, Inc. v. Florida Public Service Commission

ORDER ON MERITS

HINKLE, Chief Judge.

This is a challenge to a decision of the Florida Public Service Commission based on alternative holdings first, that it has no authority to enforce the federal statute setting forth the terms on which a Bell Operating Company may enter the market for interLATA services, and second, that in any event, that statute does not require a Bell Operating Company to allow competitors unbundled access to the high frequency portion of a local loop. I uphold the Florida Commission’s decision on both grounds.

I

Background — The Statutory Framework

Historically, telephone…