GTE. NET LLC v. Cox Communications, Inc.

ORDER GRANTING MOTION TO STAY AND DENYING MOTION TO DISMISS [Docket # 13-1 and 13-2]

ORDER DISMISSING MOTION FOR SUMMARY JUDGMENT [Docket #16]

This matter comes before the Court on Defendants’ CoxCom, Inc. (“CoxCom”) and Cox Communications, Inc. (“CCI”) motion to dismiss, or in the alternative to stay, this action on the grounds of primary jurisdiction. For the reasons discussed below, this Court now GRANTS Defendants’ motion.

I. BACKGROUND AND PROCEDURE

Traditional residential Internet access requires two distinct communication connections: a connection between one’s home and the Point of Presence (“POP”) of an Internet Service Provider (“ISP”), and a connection between the POP and the Internet. Customers dial into the POP over a telephone line, generally a bank of modems, using the modern in the residential computer. Service can be purchased in this manner from ISP’s such as America Online and Verizon Online. [Second Amended Complaint (“SAC”) ¶ 10].

Increasingly, consumers desire a faster connection speed than those available via this traditional method. One such option is to purchase a broadband pipeline from a telephone company, utilizing high-speed telephones lines known…