POPOWSKY v. PENNSYLVANIA PUBLIC UTILITY


550 Pa. 449 (1997)

706 A.2d 1197

Irwin A. POPOWSKY, Consumer Advocate, v. PENNSYLVANIA PUBLIC UTILITY, Appellant at No. 107. Appeal of BELL ATLANTIC-PENNSYLVANIA, INC. at No. 101. PA CABLE TELEVISION ASS'N v. PENNSYLVANIA PUBLIC UTILITY, Appellant at No. 108. Appeal of BELL ATLANTIC-PENNSYLVANIA, INC. at No. 102. MCI TELECOMMUNICATIONS CORP. v. PENNSYLVANIA PUBLIC UTILITY, Appellant at No. 109. Appeal of BELL ATLANTIC-PENNSYLVANIA, INC. at No. 103. CENTRAL ATLANTIC PAYPHONE ASSOCIATION v. PENNSYLVANIA PUBLIC UTILITY, Appellant at No. 110. Appeal of BELL ATLANTIC-PENNSYLVANIA, INC. at No. 104. AT & T COMMUNICATIONS OF PENNSYLVANIA, INC. v. PENNSYLVANIA PUBLIC UTILITY, Appellant at No. 111. Appeal of BELL ATLANTIC-PENNSYLVANIA, INC. at No. 105. CITY OF PITTSBURGH v. PENNSYLVANIA PUBLIC UTILITY, Appellant at No. 112. Appeal of BELL ATLANTIC-PENNSYLVANIA, INC. at No. 106.

Supreme Court of Pennsylvania.

Decided December 24, 1997.


Attorney(s) appearing for the Case

D. Michael Stroud, Julia A. Conover, Philadelphia, Eve Strauss West, Philadelphia, Kevin J. McKeon, Thomas J. Sniscak, Harrisburg, for Bell Atlantic-Pennsylvania, Inc.

Philip F. McClelland, Harrisburg, for Consumer Advocate.

Ashley Schannaur for City of Pittsburgh.

John McManus, Chairman, for Pennsylvania Legislative Com'n.

Susan Weinstock for Pennsylvania Legislative Com'n and AARP/Pennsylvania St. Legislative Committee.

Mark A. Keffer, Fairfax, VA, Daniel Clearfield, Harrisburg, for AT&T Communications.

David M. Kleppinger, Pamela C. Polacek, Harrisburg, for Pennsylvania Cable TV Assoc.

John A. Levin, John F. Povilaitis, Frank B. Wilmarth, Harrisburg, for PUC.

Susan Jin Davis, Harrisburg, Joan M. Campion, Washington, DC, for MCI Telecommunications.

Derrick P. Williamson, Harrisburg, John Sullivan, for appellees.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.


OPINION OF THE COURT

FLAHERTY, Chief Justice.

Under a new telecommunications statute, Bell Atlantic Pennsylvania, Inc., filed a network modernization plan which proposed alternative regulation for noncompetitive services that featured a price cap formula for changing rates; classification of six specific services as competitive and therefore subject to deregulation; and a commitment to substantial investment in Bell...

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