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

Wireless service providers, such as Verizon Wireless and AT&T, are continually upgrading their networks given the ubiquitous nature of smart phones and the incredible growth of mobile data traffic.  One technology that is being deployed to address this exponential growth and the resulting demand for additional network capacity is distributed antenna system (DAS) networks.  A DAS network is a network of antenna nodes that are deployed to provide wireless coverage to indoor (e.g., arenas, airports, etc.) or outdoor areas.  Some DAS networks are installed by companies that are not wireless service providers and are referred to as neutral host DAS networks since they provide the infrastructure (e.g., antenna nodes, fiber lines, etc.) that carries the wireless traffic of the wireless service providers.

In Pennsylvania, the Public Utility Commission (“PUC”) had recognized neutral host DAS network operators as public utilities and issued certificates of public convenience to the operators since 2005.  Continue Reading Are Distributed Antenna Networks Public Utilities? The Commonwealth Court Weighs In