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APPLICATION COMMONWEALTH TELEPHONE COMPANY. APPEAL MOBILFONE NORTHEASTERN PENNSYLVANIA v. PENNSYLVANIA PUBLIC UTILITY COMMISSION AND COMMONWEALTH TELEPHONE COMPANY (04/05/76)

decided: April 5, 1976.

APPLICATION OF COMMONWEALTH TELEPHONE COMPANY. APPEAL OF MOBILFONE OF NORTHEASTERN PENNSYLVANIA, INC.
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION AND COMMONWEALTH TELEPHONE COMPANY, INTERVENING APPELLEE. MOBILFONE OF NORTHEASTERN PENNSYLVANIA, INC., APPELLANT



Appeal from the Order of the Pennsylvania Public Utility Commission in case of In Re: Application of Commonwealth Telephone Company for approval of the right to begin to offer, render, furnish or supply selective one-way radio-telephone common carrier service (radio paging) to the public in its presently authorized telephone service area and in additional territory in portions of Luzerne, Carbon, Monroe, Pike, Wayne, Lackawanna and Wyoming Counties, Docket No. 97564.

COUNSEL

Robert E. Yetter, with him Metzger, Wickersham, Knauss & Erb, for appellant.

William T. Hawke, Assistant Counsel, with him Edward J. Morris, Counsel, for appellee.

Bernard A. Ryan, Jr., with him Dechert, Price & Rhoads, for intervening appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., and Blatt. Judges Mencer and Rogers did not participate. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 24 Pa. Commw. Page 244]

On October 13, 1972, intervening appellee filed an application with the Public Utility Commission (PUC) for a certificate of public convenience to operate a radio paging service in a specified geographic area. Ted Ehrhardt, t/a Telephone Answering Exchange, filed a protest.

[ 24 Pa. Commw. Page 245]

Following a hearing, briefs and oral arguments, on July 9, 1974, the PUC approved the application and ordered a certificate of public convenience be issued to intervening appellee.

On July 24, 1974, appellant, successor in interest to the original protestant, filed with the PUC a document captioned "Petition of Mobilfone of Northeastern Pennsylvania, Inc., and Ted Ehrhardt, the Telephone Answering Exchange, for Reconsideration and Revocation of Order". The petition states that it is filed pursuant to Sections 1006 and 1101 of the Public Utility Law of 1937, Act of May 28, 1937, P.L. 1053, as amended, 66 P.S. ยงยง 1396, 1431. Appellant's petition requested that the PUC:

"a. Reconsider the evidence in this case and, after reconsideration, revoke its Order of July 9, 1974, and enter an Order denying the Application.

"b. In the alternative, grant Petitioners the right to reargue the points cited above orally before your Honorable Commission."

An answer was filed by intervening appellee on August 2, 1974. By letter dated September 15, 1975, the PUC notified appellant that the petition was denied. On October 6, 1975, appellant filed the instant appeal to this ...


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