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FLA. PUBLIC SERV. COM'N v. INDIANTOWN TEL. SYSTEM, INC.

No. AN-486.

435 So.2d 892 (1983)

FLORIDA PUBLIC SERVICE COMMISSION, Appellant, v. INDIANTOWN TELEPHONE SYSTEM, INC., et al., and Gulf Telephone Company, and Southern Bell Telephone and Telegraph Company, Appellees.

District Court of Appeal of Florida, First District.

July 15, 1983.

Attorney(s) appearing for the Case

Patrick K. Wiggins, Deputy Gen. Counsel, Florida Public Service Com'n, Tallahassee, for appellant.

David B. Erwin of Mason, Erwin & Horton, Tallahassee, and Lewis W. Petteway, Tallahassee, for Indiantown Telephone System, Inc., et al.

Edwin B. Browning, Jr., Madison, and Lewis W. Petteway, Tallahassee, for Gulf Telephone Co.

Earl B. Hadlow of Mahoney, Hadlow & Adams, Jacksonville, and William B. Barfield, J. Lloyd Nault, II, Miami, for Southern Bell Tel. and Tel. Co.

JOANOS, Judge.

The Public Service Commission ("PSC") appeals an order of the Division of Administrative Hearings determining that the PSC's notice of proposed agency action constituted a rule and therefore an invalid exercise of delegated authority due to failure to comply with the rulemaking requirements of Section 120.54, Florida Statutes. We reverse.

Section 364.07 gives the PSC the authority "to review intrastate [telephone] toll settlement agreements...

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