AT & T v. PA PUBLIC UTILITY COM'N


558 Pa. 290 (1999)

737 A.2d 201

AT & T, Appellee, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant. Sprint Communications Company, L.P., Appellee, v. Pennsylvania Public Utility Commission, Appellant. AT & T v. Pennsylvania Public Utility Commission. Appeal of the Delaware and Hudson Railway Company, Inc. Sprint Communications Company, L.P. v. Pennsylvania Public Utility Commission. Appeal of the Delaware and Hudson Railway Company, Inc.

Supreme Court of Pennsylvania.

Decided August 24, 1999.


Attorney(s) appearing for the Case

Lawrence F. Barth, Asst. Counsel, Robert J. Longwell, Deputy Chief Counsel, Bohdan R. Pankiw, Acting Chief Counsel, PA Public Utility Commission, for Pa Public Utility Commission in 146 M.D. 1998.

William J. Kennedy, Christopher D. Loizides, Philadelphia, Selena Fitanides, for Delaware & Hudson Railway, Co., Inc.

Gina M. D'Alfonso, for Dept. of Transportation.

Craig A. Doll, Harrisburg, for AT&T.

Kevin J McKeon, Harrisburg, for Sprint Communications Co.

Lawrence F. Barth, Asst. Counsel, Robert J. Longwell, Acting Chief Counsel, Bohdan R. Pankiw, Acting Chief Counsel, PA Public Utility Commission, for Pa Public Utility Commission in 147 M.D. 1998.

Lawrence F. Barth, Asst. Counsel, Bohdan R. Pankiw, Acting Chief Counsel, PA Public Utility Commission, for Pa Public Utility Commission in 148 and 149 M.D. 1998.

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


OPINION

SAYLOR, Justice.

At issue in these consolidated appeals is the manner in which the Public Utility Commission allocates costs of alterations to rail-highway crossings between a transportation public utility and affected parties.

The cases arise from the relocation of telecommunications facilities of Appellees AT & T and Sprint Communications Company L.P. ("Sprint"), consisting of fiber optic cables and

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