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TELEPROMPTER CORP. v. HAWKINS

No. 56291.

384 So.2d 648 (1980)

TELEPROMPTER CORPORATION et al., Petitioners, v. Paula F. HAWKINS et al., Respondents.

Supreme Court of Florida.

May 29, 1980.

Attorney(s) appearing for the Case

The Law Offices of Hogan & Hartson, Washington, D.C., and William A. Gillen, Edward M. Waller, Jr., and David C. Shobe of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for Teleprompter Corp.

George Maxwell, III, of Rossetter & Maxwell, Melbourne, for American Television and Communications Corp.

Prentice P. Pruitt, Barrett G. Johnson and Norman H. Horton, Jr., Tallahassee, for Florida Public Service Commission.

C. Roger Vinson of Beggs & Lane, Pensacola, for Gulf Power Company, intervenor.

W. Robert Fokes of Mahoney, Hadlow & Adams, Tallahassee, for Florida Cable Television Ass'n, amicus curiae.

Lee L. Willis and James D. Beasley of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for Tampa Elec. Co., amicus curiae.

BOYD, Justice.

This cause is before us to review an order by the Public Service Commission certifying that it has authority to regulate "pole attachment" agreements. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Pole attachment agreements are lease agreements between utilities and cable television companies which authorize the latter to use the excess space on utility poles for the purpose of providing their customers cable television service....

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