Digital Communications Network, Inc. v. AT & T Wireless Services

ORDER GRANTING REFERRAL TO THE FEDERAL COMMUNICATIONS COMMISSION AND IMPOSING A STAY ON RELATED PROCEEDINGS

On June 21, 1999, two motions came on for regular hearing before this Court: Plaintiffs’ motion for a preliminary injunction; and Defendants’ cross motion for referral of this action to the Federal Communications Commission. Having considered the moving, opposition, and reply papers, along with all admissible evidence and argument offered in relation to each motion, the Court has determined that the action shall be referred to the FCC under the doctrine of primary jurisdiction.

Plaintiffs are California corporations whose principal business is the resale of cellular telephone service as well as the sale of cellular telephone equipment. Defendants hold FCC cellular radio licenses and as such, are authorized to provide commercial mobile radio services (“CMRS”) using their own network on licensed radio frequencies within the geographic areas specified in the licenses. Plaintiffs resell CMRS offered by licensed carriers such as AirToueh. As resellers, Plaintiffs purchase telephone numbers, cel- lular telephone services, and equipment from Defendants for their own accounts and…