THE REGULATORY MIX AND BLOG ARTICLES

Today's Regulatory Mix: Pennsylvania Supreme Court Affirms Lower Court Ruling Reversing PUC's DAS Order, FCC Chairman Circulates Order to Ensure Predictable Increases in Mobile Broadband Provided Through Lifeline Program

Pennsylvania Supreme Court Affirms Lower Court Ruling Reversing PUC’s DAS Order

In June 2018, the Commonwealth Court of Pennsylvania reversed the Pennsylvania Public Utility Commission’s (PUC) March 2017 Distributed Antennae Systems (DAS) Order.  The Court determined that DAS network operators’ transport service is a telecommunications service under PA law even though Wireless Service Providers (WSP) use it to transmit a service not regulated by the PUC (i.e. CMRS).  The Court decided that DAS network operators are a public utility, reversed the PUC’s March 2017 decision, and returned jurisdiction to the PUC to issue certificates of public convenience (CPC) to providers of DAS.