IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
CROWN CASTLE NG EAST LLC AND : No. 447 MAL 2018
PENNSYLVANIA-CLE LLC, :
:
Respondents : Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
:
v. :
:
:
PENNSYLVANIA PUBLIC UTILITY :
COMMISSION, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 3rd day of January, 2019, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by Petitioner, are:
(1) Did the Commonwealth Court err in holding, based on its misinterpretation
and misapplication of a federal court case, that the PUC was not entitled to
deference as to its expert interpretation of its enabling statute?
(2) On a question of first impression involving the jurisdictional status of
operators of Distributed Antenna Systems, did the Commonwealth Court
commit an error of law by determining that the PUC’s interpretation of the
definition of “public utility” and the statutory exclusion for wireless service
was inconsistent with the statutory language and rules of statutory
construction?
(3) Did the Commonwealth Court commit an error of law by determining that
the Commission’s finding that Distributed Antenna Systems are not
jurisdictional public utilities was inconsistent with the Commonwealth
Court’s precedent and federal law?