EXHIBIT 5.1 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION Attorneys One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219-1410 Telephone: 412-562-8800 Fax: 412-562-1041 October 29, 1997 Hyperion Telecommunications, Inc. Main at Water Street Coudersport, PA 16915 Dear Sirs: We have acted as counsel to Hyperion Telecommunications, Inc., a Delaware corporation ("Hyperion", the "Company" or the "Registrant"), in connection with the proposed exchange (the "Exchange") by the Company of 12 7/8% Series B Senior Exchangeable Redeemable Preferred Stock ("New Preferred Stock") for an equal number of shares of its outstanding 12 7/8% Senior Exchangeable Redeemable Preferred Stock ("Old Preferred Stock," and together with the New Preferred Stock, the "Preferred Stock"). Subject to certain conditions, the Company may exchange the Preferred Stock for its 12 7/8% Series B Senior Subordinated Exchange Debentures Due 2007 (" Exchange Debentures") which are issuable under an indenture (the "Exchange Indenture") between the Company and Bank of Montreal Trust Company, as trustee ("Exchange Trustee"). In connection with the proposed Exchange, we have examined the Company's Certificate of Incorporation and Bylaws, as presently in effect, the Company's relevant corporate proceedings, the draft Registration Statement on Form S-4 covering the proposed Exchange (the "Registration Statement"), including the Prospectus filed as a part of the Registration Statement, the Certificate of Designation, in respect of the Old Preferred Stock and the New Preferred Stock, the form of the Exchange Indenture governing the Exchange Debentures, filed as an exhibit to the Registration Statement, and such other documents, records, certificates of public officials, statutes and decisions as we considered necessary to express the opinions contained herein. In the examination of such documents, we have assumed the genuineness of all signatures and the authenticity of all documents submitted to us as originals and the conformity to the original documents of all documents submitted to us as certified or photostatic copies. We understand that the New Preferred Stock is to be issued to the holders of the Old Preferred Stock, in the Exchange and are to be available for resale by such holders, and that the Company, under certain conditions, may exchange, in whole or in part, the then-outstanding Preferred Stock for Exchange Debentures, all in the manner described in the Prospectus, which is a part of the Registration Statement, the Certificate of Designation and the Exchange Indenture. Based on the foregoing, we are of the opinion that: 1. The issuance of the New Preferred Stock to the holders of the Old Preferred Stock and the issuance of the Exchange Debentures pursuant to the terms of the Exchange, the Certificate of Designation, and the Exchange Indenture, have been duly authorized by proper corporate action of the Registrant. 2. When the Registration Statement shall have been declared effective by order of the Securities and Exchange Commission and the New Preferred Stock has been duly issued to and exchanged for the Old Preferred Stock, and when the Exchange Debentures shall have been duly issued, all in accordance with the terms of the Exchange, the Certificate of Designation, the Exchange Indenture and the Registration Statement, such New Preferred Stock and Exchange Debentures will be validly issued and will constitute binding obligations of the Registrant, subject, as to enforcement (i) to any applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar laws relating to or affecting creditors' rights and remedies generally and (ii) to general principles of judicial discretion and equity, including principles of commercial reasonableness, good faith and fair dealing (regardless of whether enforcement is sought in a proceeding at law or in equity or in a bankruptcy proceeding and except that (i) rights to contribution or indemnification may be limited by the laws, rules or regulations of any governmental authority or agency thereof or by public policy and (ii) waivers as to usury, stay or extension laws may be unenforceable). We hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to any reference to us in the Prospectus which is a part hereof. Sincerely, BUCHANAN INGERSOLL PROFESSIONAL CORPORATION By: /s/ Carl E. Rothenberger, Jr. ----------------------------- Carl E. Rothenberger, Jr.