Pa. Commonwealth Court upheld Pa. PUC decision giving Armstrong C...
Pa. Commonwealth Court upheld Pa. PUC decision giving Armstrong Communications authority to provide competitive local exchange service in Citizens Telecom territory despite granting rural competition exemption to Citizens. Court in consolidated Doc. 1359-CD was deciding on cross-petitions in which…
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Armstrong sought order overturning PUC’s rural exemption for Citizens, while Citizens sought to upset PUC’s certification of Armstrong. Court’s decisions hinged on PUC’s interpretation of clause in Telecom Act Sec. 251 that created exception for rural competition exemption for telecom affiliates of incumbent cable TV companies that were facing competition from cable affiliate of incumbent telco before passage of Telecom Act. In current case, PUC ruled that while cable TV competition between Citizens and Armstrong didn’t actually begin until 3 months after Telecom Act’s passage, Citizens was making final preparations for competitive cable foray against Armstrong months before Act’s Feb. 1996 passage so it could be considered to be “providing” competitive video programming. Court deferred to PUC’s interpretation, saying nothing in case record showed decision to be irrational or arbitrary.