Preview:

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 68


FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 29th day of November, 2006, are as follows:

BY JOHNSON, J.:

2005-CA-2578 VOICESTREAM GSM I OPERATING CO., LLC AND COOK INLET/VS GSM IV PSC,

C/W LLC v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of E. Baton


2005-CA-2579 Rouge)
After a thorough review of LSPC's General Order dated April 29, 2005,
we conclude that the implementation of the SUSF is consistent with the
Louisiana Constitution as well as with the Telecommunications Act of
1996. Because the LPSC's order is accorded great weight, it may not be
overturned absent an affirmative showing that the decision was
arbitrary, capricious, or a clear abuse of discretion or not based on
the factual evidence presented.
AFFIRMED.

SUPREME COURT OF LOUISIANA


05 - CA - 2578 c/w 05-CA-2579
VOICESTREAM GSM I OPERATING CO., LLC and
COOK INLET/VS GSM IV PSC, LLC
vs.

LOUISIANA PUBLIC SERVICE COMMISSION

ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT
COURT, FOR THE PARISH OF EAST BATON ROUGE
HONORABLE W ILLIAM A. M ORVANT, JUDGE

JOHNSON, Justice
We granted this writ application to address whether a fee imposed by a general order of the Louisiana Public Service Commission requiring telecommunications service providers to contribute to a state universal service fund constitutes a tax and therefore exceeds the scope of the Louisiana Public Service Commission

Download 05ca2578.pdf

Louisiana Law