Transfer of Call or Demand (Taxi) Rights • Public Utility Commission • Philadelphia Parking Authority • “Partial Rights”

Pa. Transp. Serv., Inc. v. Pa. Pub. Util. Comm'n, PICS Case No. 17-1145 (Pa. Commw. July 3, 2017) Brobson, J. (11 pages).

PUC properly held that it had no authority over the transfer of “partial rights” to operate a taxi in Philadelphia because the Philadelphia Parking Authority had complete authority over taxi companies providing service within the city and had exclusive authority to grant, deny or impose conditions on the transfer of the portion of operational rights within the city. Affirmed.

Petitioner was a for-hire taxi business and purchased certain call or demand rights issued to a limousine company and filed an application with the PUC for approval of the transfer of rights. Those rights included “partial rights” in Philadelphia. The PUC approved the application but modified the description of the transferred rights, omitting the city of Philadelphia and noting that the city fell under the jurisdiction of the Philadelphia parking authority. Petitioner filed for reconsideration, arguing that the PUC did not have the authority to make material changes to the transferred rights. The PUC maintained that the PPA had authority over the rights in Philadelphia and petitioner appealed.