Communications Telesystems International v. California Public Utilities Commission
Opinion
Opinion
Patel, J.
ORDER
Plaintiff Communications TeleSystems International (“CTS”) brings this action against the California Public Utilities Commission and its Commissioners (collectively, “CPUC”) for declaratory and injunctive relief. CTS alleges that the CPUC, through an administrative decision issued May 21, 1997, has violated its rights under the United States Constitution and federal law. The Greenlin-ing Institute and the Latino Issues Forum (collectively “Greenlining”) moved to intervene as defendants. The court granted this motion pursuant to an order filed February 4,1998.
Now before the court are defendants’ motions to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Having reviewed the parties’ arguments and submissions, the court now enters the following memorandum and order.
BACKGROUND
Plaintiff CTS is a California-based corporation providing intrastate, interstate and international telecommunications service. CTS is known as an interexchange carrier (“IXC”) and provides long distance services to other IXCs as well as to various businesses.
It is CTS’ involvement in the provision of phone services to residential households that is at issue here. In…