Consolidated Telephone Co. v. Public Service Commission

73 Pa. Super. 110, 1919 Pa. Super. LEXIS 183
CourtSuperior Court of Pennsylvania
DecidedOctober 13, 1919
DocketAppeal, No. 274
StatusPublished
Cited by1 cases

This text of 73 Pa. Super. 110 (Consolidated Telephone Co. v. Public Service Commission) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidated Telephone Co. v. Public Service Commission, 73 Pa. Super. 110, 1919 Pa. Super. LEXIS 183 (Pa. Ct. App. 1919).

Opinion

Opinion by

Porter, J.,

The appellant company filed its complaint with the Public Service Commission alleging that the lines of that company and the lines of the Palmerton Telephone Company form a continuous line of communication between different localities which are not reached by the lines or facilities of either line alone and praying that the commission order a connection or connections to be made between the lines of the respective companies, and that through conversations be transmitted over the lines of the complainant and respondent. The Palmerton Telephone Company filed an answer alleging that the connection prayed for would establish lines of communication between localities which were already reached by its lines and those of its connecting companies and that no public necessity existed requiring a connection between its lines and those of the complainant. The Public Service Commission after a full hearing found that the Palmerton Telephone Company is rendering adequate service in the Borough of Palmerton, in which it has an exclusive field, and that its lines connect at Slatington and Lehighton with the Bell Telephone Company’s exchanges and through these exchanges, and by other direct wires, it furnishes means of telephonic communication with Alien-town, Lehighton, Slatington and the other localities in which the complainant company operates; it found that the Bell Telephone Company, a competitor of the Consolidated Telephone Company, was furnishing efficient public service in the localities in which the complainant company operates; that through telephonic communication between said localities and the Borough of Palmerton was already provided by the connection between [112]*112the lines of the Bell Telephone Company and the Palmerton Telephone Company, and that additional telephonic facilities between the localities was not necessary for the accommodation of the public. The commission, for these reasons, dismissed the complaint and the complainant appeals.

The appellant as well as the Palmerton Telephone Company are incorporated as telegraph companies and subject to the general laws relating to corporations of that character, but in the Public Service Company Law the legislature saw fit to delegate to the Public Service Commission very broad powers over telegraph companies while it rendered subject to conditions the exercise of the power to order telephone companies to connect their respective lines. In Article II, Section 1, paragraph U, the duty imposed upon telegraph companies to connect their lines whenever the commission may require them to do so, is- subject to no condition. Paragraph Y of the same section, which defines the duties of telephone companies in this matter, enacts: “If a telephone corporation......whose lines, together with the lines of another telephone corporation, form a continuous line of communication between different localities, which are not reached by lines, facilities or connections of either alone, and could be made to do so by the construction and maintenance of suitable connections between the several lines at common points, for the transmission of conversations between different localities, to jointly arrange for the interchange and transfer of conversations at such common points when it can be reasonably done, and efficient service can be obtained without injustice to either company......, and when necessity exists therefor, in order to supply through traffic communication between different localities not otherwise provided for by the companies in question, or either of them; and shall operate and conduct a joint through traffic over the several lines so connected.” The duty thus imposed upon telephone companies, operating in different localities, to connect [113]*113•their lines is subject to the condition that the localities are not reached by lines, facilities or connections of either company alone, and could be made to do so by the construction and maintenance of suitable connections. It is argued by the learned counsel for the appellant that the word “connections,” when used following the words “lines, facilities,” must be construed to refer to the service instrumentalities of the Palmerton Company; that is, “connections” has the same meaning as lines and facilities, and that the three words “lines, facilities and connections” are used as comprehending the means of service employed by the Palmerton Company itself and alone in discharging its duty to the public, and that the word as used in that particular place has an entirely different meaning from that which must be given to it when used a few lines farther down in the section, when referring to connections between the several lines at common points. We find nothing in the particular sentence referred to nor in the context which would warrant us in giving this construction to the statute. The entire section refers to the duty of telephone companies to connect their lines and defines the conditions upon the existence of which the duty shall arise. The lines, facilities or connections of a telephone company are the means by which communication is established between distant points. Such through communication may be furnished over the lines owned exclusively by one company, or through the lines of different companies, by suitable connections, and requiring such connections to be made is the sole purpose of this section of the statute. When a telephone company has connected two localities, either by its own lines or through a suitable connection with another company, which furnishes adequate service, it has performed the duty imposed by this section of the statute. That the word “connections,” as used in this statute, must be given its usual meaning, and not that contended for by the appellant, is rendered clear beyond question by the language used by the legislature, in this [114]*114very section, when it declared the purpose to be accomplished by the connection of the lines, namely: “in order to supply through traffic communication between different localities not otherwise provided for by the companies in question, or either of them.” When a company has, by its own lines or “otherwise provided,” through telephonic communication between the localities involved, it has discharged the duty imposed by this section.

The power delegated to the Public Service Commission to enforce the performance of this duty is found in Article V, Section 9 of the Public Service Company Law of 1913, P. L.

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Related

Shaffer v. Public Service Commission
74 Pa. Super. 597 (Superior Court of Pennsylvania, 1920)

Cite This Page — Counsel Stack

Bluebook (online)
73 Pa. Super. 110, 1919 Pa. Super. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-telephone-co-v-public-service-commission-pasuperct-1919.