Pennsylvania Supreme Court Takes Appeal of DAS Case
The Pennsylvania Supreme Court will review the Public Utility Commission’s 3-2 ruling that distributed antenna systems aren't utilities requiring state certification under state law (see 1703020066). In an order last week, the state’s high court granted the PUC’s appeal of…
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a lower court’s decision (see 1806080061) agreeing with Crown Castle that the PUC’s March 2017 decision was inconsistent with Pennsylvania precedent and federal law. Issues include if the PUC is entitled to deference for interpreting its enabling statute and if the agency's interpretation of “public utility” and statutory exclusion for wireless service is consistent with statute.