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FELIX v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (11/14/58)

November 14, 1958

FELIX, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 281, Oct. T., 1958, from order of Pennsylvania Public Utility Commission, Complaint Docket No. 16818, in case of David H. H. Felix v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

David H. H. Felix, in propria persona, with him Felix & Felix, for appellant.

Ralph S. Sapp, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

E. Everett Mather, with him John B. King, and Peter F. Pugliese, for utility company, intervening appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Wright

[ 187 Pa. Super. Page 579]

OPINION BY WRIGHT, J.

On August 20, 1957, David H. H. Felix filed with the Pennsylvania Public Utility Commission a complaint against the Bell Telephone Company of Pennsylvania requesting that the rates charged by the Company for listings in its classified directory be declared a matter within the jurisdiction of, and subject to regulation by, the Commission. On April 7, 1958, after hearing, the Commission dismissed the complaint for lack of jurisdiction. Felix has appealed.

Appellant, a lawyer engaged in active practice in the City of Philadelphia, is a subscriber to the Company's

[ 187 Pa. Super. Page 580]

    telephone service. His name appears in the Company's alphabetical directory, and is also listed free of charge in standard type in the Company's classified directory under the classification "Lawyers". Appellant has as associates two other lawyers, namely, Myron E. Barg and Kathryn M. Renzulli, who regularly make use of appellant's telephone. Their names are listed in the Company's alphabetical directory in return for an additional monthly payment by appellant as a part of his telephone service contract. The Company's rates and practices for alphabetical directory listings, are covered by the tariff filed by it with the Commission, which tariff expressly excludes listings in the classified directory. The names of Barg and Renzulli are also listed in the Company's classified directory under the classification "Lawyers", by virtue of a separate contract unrelated to the Company's tariffs, and not by virtue of appellant's telephone service contract. For some years the charge made by the Company for such additional listings in its classified directory was $1.00 per month each. This charge was subsequently changed, first to 50›, and later to 75›. On June 18, 1957, appellant was notified that the charge was to be raised to $1.00 per month, to which increase appellant took exception.

The statement of the question involved, as submitted by appellant, is as follows: "Where the Pennsylvania Public Utility Commission has declared the listing, in light face type, of business and professional subscribers to the business service of the Bell Telephone Company of Pennsylvania to be a public service and hence, subject to its jurisdiction, should not the work 'subscriber' include all listings properly submitted by the 'subscriber'?" The ...


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