In an earlier blog post (available here), we discussed how the Commonwealth Court reversed the decision by the Pennsylvania Public Utility Commission (“PUC”) to no longer issue certificates of public convenience to neutral host DAS (i.e. “distributed antenna system”) network operators. The PUC’s decision was based on its new interpretation of the statutory language which excludes any person or corporation that “furnishes mobile domestic cellular radio telecommunications services” from the general definition of a public utility. The Commonwealth Court determined that interpretation was “not supported by the plain language of the Code or the principles of statutory construction, the precedent of this Court, the determination of public utility commissions in other jurisdictions, or the 2014 Wireless Infrastructure Order.”
Last week, the Pennsylvania Supreme Court agreed to hear the appeal from the Commonwealth Court’s decision that was filed by the PUC. We will continue to follow this issue through the appellate process and provide an update when a decision is issued. In the meantime, please contact any member of the McNees Wallace & Nurick Land Use Group with questions regarding this post or for assistance with any land use issues