Allnet Communication Service, Inc. v. National Exchange Carrier Association, Inc., a Delaware Corporation

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Allnet Communication Services sued the National Exchange Carrier Association (“NECA”), seeking a declaratory judgment that it was not liable for certain access charges. The district court dismissed the suit, holding that it lacked subject matter jurisdiction and that Allnet had failed to state a claim for relief. 741 F.Supp. 983. We reject the district court’s reasoning but affirm on the alternative ground that the Federal Communications Commission has primary jurisdiction over the dispute.

NECA…