Able Communications, Inc. v. South Carolina Public Service Com'n, No. 22629

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtNESS
Citation290 S.C. 409,351 S.E.2d 151
PartiesABLE COMMUNICATIONS, INC., Appellant, v. The SOUTH CAROLINA PUBLIC SERVICE COMMISSION and Farmers Telephone Cooperative, Inc., Respondents. . Heard
Docket NumberNo. 22629
Decision Date08 October 1986

Page 151

351 S.E.2d 151
290 S.C. 409
ABLE COMMUNICATIONS, INC., Appellant,
v.
The SOUTH CAROLINA PUBLIC SERVICE COMMISSION and Farmers
Telephone Cooperative, Inc., Respondents.
No. 22629.
Supreme Court of South Carolina.
Heard Oct. 8, 1986.
Decided Nov. 17, 1986.

Jean H. Toal of Belser, Baker, Barwick, Ravenel, Toal & Bender, Columbia, and Robert G. Knight, Florence, for appellant.

M. John Bowen, Jr., of McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, Columbia, for Farmers Telephone Co-op., Inc.

Arthur G. Fusco and Sarena D. Burch, of S.C. Public Service Authority, Columbia, for S.C. Public Service Authority.

NESS, Chief Justice:

[290 S.C. 410] The South Carolina Public Service Commission established a rate base for respondent

Page 152

Farmers Telephone Cooperative, Inc. to operate a tone and voice paging (beeper) service. The circuit court affirmed the PSC order. We reverse and remand for further proceedings.

Farmers is authorized by the PSC to operate a telephone company in Williamsburg, Sumter, Clarendon and portions of Florence and Lee Counties. Appellant Able Communications, Inc. holds a certificate of convenience and necessity as a radio common carrier to provide paging service in ten counties, including the five counties in which Farmers operates its telephone company.

Farmers was granted a certificate of convenience and necessity to operate a paging service in the areas in which it provides telephone service. See, S.C. Code Ann. Section 58-11-100 (1976). It petitioned the PSC to establish a rate base for the operation of its paging service. Able and the Consumer Advocate were granted leave to intervene. After a hearing, the PSC approved Farmers' proposed rates for tone and voice pagers. Able's request for rehearing was denied.

Able petitioned the circuit court for judicial review under the Administrative Procedures Act, S.C. Code Ann. Section 1-23-380 (1986). The circuit court affirmed the PSC orders and dismissed Able's petition.

Able asserts the PSC order approving the rate base is defective in that it does not contain factual findings in support of its conclusion that Farmers' proposed rates are just and reasonable. A final order in an agency adjudication of a contested case must contain "findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings."...

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43 practice notes
  • In re Treatment and Care of Luckabaugh, No. 25503.
    • United States
    • United States State Supreme Court of South Carolina
    • July 22, 2002
    ...v. Public Serv. Com'n of South Carolina, 338 S.C. at 96, 525 S.E.2d at 866 (quoting Able Communications, Inc. v. S.C. Public Serv. Comm'n, 290 S.C. 409, 411, 351 S.E.2d 151, 152 (1986)). To leave the chore of sorting through the record to review contradictory testimony taxes the judicial sy......
  • Porter v. SC PUBLIC SERVICE COM'N, No. 24847.
    • United States
    • United States State Supreme Court of South Carolina
    • October 26, 1998
    ...body must make specific, express findings of fact." Porter, supra; Able Communications, Inc. v. South Carolina Pub. Serv. Comm'n, 290 S.C. 409, 351 S.E.2d 151 (1986); S.C.Code Ann. § 1-23-350 (1986). An administrative agency is not required to present its findings of fact and reasoning in a......
  • Porter v. South Carolina Public Service Com'n, No. 24847
    • United States
    • United States State Supreme Court of South Carolina
    • October 8, 1998
    ...body must make specific, express findings of fact." Porter, supra; Able Communications, Inc. v. South Carolina Pub. Serv. Comm'n, 290 S.C. 409, 351 S.E.2d 151 (1986); S.C.Code Ann. § 1-23-350 (1986). An administrative agency is not required to present its findings of fact and reasoning in a......
  • Southern Message Service, Inc. v. Louisiana Public Service Com'n, No. 89-CA-2121
    • United States
    • Supreme Court of Louisiana
    • December 11, 1989
    ...must first Page 53 have its rates approved like any other radio common carrier. See Able Communications v. South Car. Pub. Serv. Comm'n, 290 S.C. 409, 351 S.E.2d 151 (1986). The offering of these services could be regulated under existing statutes providing for the regulation of telephone c......
  • Request a trial to view additional results
43 cases
  • In re Treatment and Care of Luckabaugh, No. 25503.
    • United States
    • United States State Supreme Court of South Carolina
    • July 22, 2002
    ...v. Public Serv. Com'n of South Carolina, 338 S.C. at 96, 525 S.E.2d at 866 (quoting Able Communications, Inc. v. S.C. Public Serv. Comm'n, 290 S.C. 409, 411, 351 S.E.2d 151, 152 (1986)). To leave the chore of sorting through the record to review contradictory testimony taxes the judicial sy......
  • Porter v. SC PUBLIC SERVICE COM'N, No. 24847.
    • United States
    • United States State Supreme Court of South Carolina
    • October 26, 1998
    ...body must make specific, express findings of fact." Porter, supra; Able Communications, Inc. v. South Carolina Pub. Serv. Comm'n, 290 S.C. 409, 351 S.E.2d 151 (1986); S.C.Code Ann. § 1-23-350 (1986). An administrative agency is not required to present its findings of fact and reasoning in a......
  • Porter v. South Carolina Public Service Com'n, No. 24847
    • United States
    • United States State Supreme Court of South Carolina
    • October 8, 1998
    ...body must make specific, express findings of fact." Porter, supra; Able Communications, Inc. v. South Carolina Pub. Serv. Comm'n, 290 S.C. 409, 351 S.E.2d 151 (1986); S.C.Code Ann. § 1-23-350 (1986). An administrative agency is not required to present its findings of fact and reasoning in a......
  • Southern Message Service, Inc. v. Louisiana Public Service Com'n, No. 89-CA-2121
    • United States
    • Supreme Court of Louisiana
    • December 11, 1989
    ...must first Page 53 have its rates approved like any other radio common carrier. See Able Communications v. South Car. Pub. Serv. Comm'n, 290 S.C. 409, 351 S.E.2d 151 (1986). The offering of these services could be regulated under existing statutes providing for the regulation of telephone c......
  • Request a trial to view additional results

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