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SOUTH CAROLINA CABLE TELEVISION v. PSC

No. 23917.

437 S.E.2d 38 (1993)

SOUTH CAROLINA CABLE TELEVSION ASSOCIATION, Appellant, v. The PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, Southern Bell Telephone and Telegraph Company, SouthernNet of South Carolina, Inc., South Carolina Department of Consumer Affairs, MCI Telecommunications Corporation, AT & T Communications of the Southern States, Inc., Contel of South Carolina, GTE South, Inc., South Carolina Telephone Coalition, and United Telephone Company of The Carolinas, Inc., Respondents, and Steven W. HAMM, Consumer Advocate for the State of South Carolina, Appellant, v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION, Respondent.

Supreme Court of South Carolina.

Decided August 9, 1993.

Attorney(s) appearing for the Case

B. Craig Collins, and Mitchell Willoughby, both of Willoughby & Hoefer, P.A., Columbia and John D. Seiver, and Paul Glist, of Cole, Raywid & Braverman, Washington, DC, for appellant South Carolina Cable Television Ass'n.

Steven W. Hamm, Nancy Vaughn Coombs, and Elliott F. Elam, Jr., Columbia, for appellant South Carolina Dept. of Consumer Affairs.

F. David Butler, Columbia, for respondent South Carolina Public Service Com'n.

Harry M. Lightsey, III, A. Camden Lewis, of Lewis, Babcock & Hawkins, and William F. Austin, Columbia, for respondent Southern Bell Tel. and Tel. Co.

FINNEY, Justice:

This is an appeal from an order of the circuit court affirming respondent Public Service Commission's (PSC's) order adopting an alternative regulatory rate-setting formula for local telephone companies (LECs). Appellants raise two issues on appeal: whether the PSC has the power and authority to adopt this Earnings Sharing Plan (ESP); and whether the evidence before the PSC supports the ESP's adoption. Finding both a lack of authority and insufficient...

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