1999

VYVX, Inc. v. Cassell

Supreme Court of Virginia

258 Va. 276, 519 S.E.2d 124

VYVX was incorporated as a public service authority. It filed an application with the State Corporation Commission to operate intrastate optic cable facilities. It began construction of the facilities without knowledge of the Commission. The Commission imposed a fine on VYVX because it participated in the construction of facilities and eminent domain proceedings before receiving certificates of public convenience and necessity. Supreme Court affirmed. As VYVX was solely engaged in providing intrastate facilities, there was no unconstitutional burden on interstate commerce or violation of the Commerce Clause of the United States Constitution. The Commission rightfully held that VYVX, as a public utility, did not have the power to exercise the right of eminent domain to acquire fiber optic easements because it had not been granted the certification of public convenience and necessity. Va. Code § 56-49(2).

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