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                                                                     DA 14-99

                                                             January 30, 2014

                         PRIMARY JURISDICTION REFERRALS

                 INVOLVING CLAIMS UNDER THE COMMUNICATIONS ACT



   This notice provides guidance to parties seeking to bring a dispute
   involving claims under the Communications Act of 1934, as amended (Act),
   as the result of a court referral pursuant to the primary jurisdiction
   doctrine. Courts invoke the primary jurisdiction doctrine where the court
   has jurisdiction over the case, but the case requires the resolution of
   issues which, under a regulatory scheme, have been placed in the hands of
   an administrative agency. See, e.g., Allnet Communication Service, Inc. v.
   National Exchange Carrier Association, Inc., 965 F.2d 1118 (D.C. Cir.
   1992).

   The means by which the Commission handles matters referred by a court
   pursuant to the primary jurisdiction doctrine may vary according to the
   procedural history and nature of the issues in the referred matter. For
   example, primary jurisdiction referrals in cases involving common carriers
   or utilities generally are appropriately filed as complaints with the
   Enforcement Bureau pursuant to Sections 208 or 224 of the Act. 47 U.S.C.
   SS 208, 224. There may be circumstances, however, in which this approach
   is not appropriate and in which a petition for declaratory ruling to
   terminate a controversy or remove uncertainty (under Section 1.2 of the
   FCC's rules, 47 C.F.R. S 1.2) is a better vehicle than a formal complaint
   proceeding.

   Parties to a case in which a court has made a primary jurisdiction
   referral involving claims under the Act are strongly encouraged to contact
   the Market Disputes Resolution Division of the Enforcement Bureau for
   guidance before filing any pleadings or otherwise proceeding before the
   Commission in such referral. Contacting the Market Disputes Resolution
   Division before proceeding pursuant to a primary jurisdiction referral
   will ensure that the matter is properly effectuated and filed, and will
   avoid delay and unnecessary expense.

   For further information, please contact the Market Disputes Resolution
   Division at 202-418-7330.

                     Issued by: P. Michele Ellison, Chief, Enforcement Bureau

                                     -FCC-

                                  Page 2 of 2

   PUBLIC NOTICE

   Federal Communications Commission

   445 12^th St., S.W.

   Washington, D.C. 20554

                                        News Media Information 202 / 418-0500

                                                 Internet: http://www.fcc.gov

                                                          TTY: 1-888-835-5322