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FLORIDA PUBLIC TELECOMM. v. CITY OF MIAMI BEACH

No. 01-15996.

321 F.3d 1046 (2003)

FLORIDA PUBLIC TELECOMMUNICATIONS ASSOCIATION, INC., a Florida corporation not-for-profit, Plaintiff-Appellee-Cross-Appellant, v. CITY OF MIAMI BEACH, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 13, 2003.

Attorney(s) appearing for the Case

Sheri A. Sack, Miami, FL, for City of Miami Beach.

Michael J. Posner, West Palm Beach, FL, for Florida Pub. Telecommunications Ass'n, Inc.

Martha Carter Brown and David E. Smith, Tallahassee, FL, for Amicus Curiae, Florida Pub. Serv. Com'n.

Before WILSON and FAY, Circuit Judges, and MILLS, District Judge.

FAY, Circuit Judge:

This appeal presents primarily three questions: (1) whether the Florida Public Service Commission has exclusive jurisdiction over the regulation of pay phones located on private property under section 364.01, Florida Statutes; (2) whether a municipality has jurisdiction to regulate pay phones located in the public rights-of-way under section 364.01, Florida Statutes; and (3) if a municipality can regulate pay phones located in the public rights...

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