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CROWN CASTLE NG E. v. PA. PUB. UTILITY COMM'N.

No. 697 C.D. 2017.

188 A.3d 617 (2018)

CROWN CASTLE NG EAST LLC and Pennsylvania-CLE LLC, Petitioners v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent

Commonwealth Court of Pennsylvania.

Decided June 7, 2018.

Attorney(s) appearing for the Case

Thomas S. Thompson , Washington, DC, for petitioners.

David E. Screven , Assistant Counsel, and Tiffany L. Tran , Assistant Counsel, Harrisburg, for respondent.

Daniel S. Cohen , Pittsburgh, for intervenors Pennsylvania State Association of Boroughs, Pennsylvania State Association of Township Commissioners, Pennsylvania State Association of Township Supervisors, and Pennsylvania Municipal League.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge.

The Petitioners in this case operate neutral-host Distributed Antenna System (DAS) networks, which are used by various wireless companies to transport wireless data and voice traffic. For 10 years, the Pennsylvania Public Utility Commission (Commission) certificated DAS networks as public utilities. On March 17,...

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