Southwestern Bell Telephone Co. v. Fitch

MEMORANDUM AND ORDER

NANCY F. ATLAS, District Judge.

Plaintiff Southwestern Bell Telephone Company d/b/a AT & T Texas (“AT & T Texas”) brings this lawsuit alleging that Defendant F. Cary Fitch d/b/a Affordable Telecom (“Affordable Telecom”) has failed to pay for various services under the parties’ contract. Plaintiff also alleges that Defendant is not a “telecommunications carrier” under the relevant statute. Defendant has filed a Motion to Dismiss or, in the Alternative, Defer to the Primary Jurisdiction of the Federal Communications Commission [Doc. # 6] (“Motion”). Plain tiff has filed a…