On Appeal No. 40 M.D. Appeal Dkt. 1982, from the Judgment of the Commonwealth Court at No. 2035 C.D.1982 Granting the Demurrer of the Respondent Pennsylvania Public Utility Commission and of the Intervenors and Dismissing Appellants' Petition for Review in the Nature of Application for Injunction; Paul S. Lehman, Judge.
Edward J. Riehl, Clyde W. McIntyre, Harrisburg, for appellant.
David A. Christiansen, Harrisburg, for appellee.
Donald F. Clarke, Elizabeth D. Sampath, Philadelphia, for Bell Telephone Co.
Jack F. Aschinger, Carroll F. Purdy, Jr., Harrisburg, for PA Independent Telephone Co., et al.
David J. Dulick, Allentown, for P.P. & L.
Roberts, C.j., and Larsen, Flaherty, McDermott and Zappala, JJ. Larsen, J., files a dissenting opinion. Nix and Hutchinson, JJ., did not participate in the consideration or decision of this case.
The order of the Commonwealth Court granting Appellee's demurrer is hereby affirmed.
LARSEN, Justice, dissenting.
By order adopted August 16, 1978 and entered August 23, 1978, the Pennsylvania Public Utility Commission (PUC), without hearing, asserted jurisdiction over CATV*fn1 Pole Attachment Agreements.*fn2 The Secretary of the PUC was authorized to certify to the Federal Communications Commission (FCC) this state-agency assertion of jurisdiction. By letter dated August 23, ...