Opinion
00 Civ. 7422 (LAK)
January 18, 2002
ORDER
Presently pending before the Court are motions by (a) Automatic Communications Ltd. ("ACL") for judgment on the pleadings and (b) plaintiff's motion to modify the preliminary injunction herein to extend it to ACL.
The Federal Communications Commission ("FCC") is hereby invited to file a brief amicus curiae addressing the following questions:
1. Is ACL a common carrier within the meaning of the Communications Act of 1934, as amended?
2. Assuming that it is, are its alleged activities with respect to which the Federal Trade Commission seeks relief in this action exempt from the Federal Trade Commission Act (the "Act") by virtue of the common carrier exemption contained in Section 5(a)(2) of the Act?
3. Should the Court dismiss or stay all or any part of the action in favor of the FCC under the doctrine of primary jurisdiction?
4. Does the filed rate doctrine bar all or any part of this action?
The FCC is invited to address any other questions it wishes to address. Counsel for the FTC, on or before January 25, 2002, shall provide the General Counsel of the FCC with copies of the pending motions, the pleadings, and prior decisions in this case The Court would appreciate being informed by February 8, 2002 of whether the FCC will make a submission and appreciate receiving any submission by March 1, 2002.
SO ORDERED.