such rules and regulations as may be necessary in the public interest." 47 U.S.C. § 201(b). Furthermore, it is deemed unlawful for a "common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services." 47 U.S.C. § 202(a). The Commission is also authorized to examine all tariffs filed and may determine and prescribe what "charge, classification, regulation, or practice is or will be just, fair, and reasonable." 47 U.S.C. § 205(a). The carrier may be ordered by the Commission to expand facilities for the performance of its duties as a public utility if such expansion is "in the interest of public convenience and necessity" or "the expense involved therein will not impair the ability of the carrier to perform its duty to the public." 47 U.S.C. § 214(d). Finally, the Commission is obligated to keep informed as to "technical developments and improvements in wire and radio communication . . . to the end that the benefits of new inventions and developments may be made available to the people of the United States." 47 U.S.C. § 218.
The abundant powers granted to the Federal Communications Commission reflect the sound Congressional intention that one governmental body be vested with the responsibility of coordinating and enforcing a uniform national communications policy. The doctrine of primary jurisdiction is essential to the achievement of this goal. If the Court ignored this doctrine and pretended to be knowledgeable in the technical field of telephonic communications, the undesirable result would be the subjection of common carriers to the commands of two masters -- the Communications Act of 1934 as administered by the Commission and the antitrust laws as administered by the courts. This Court is unwilling and unable to assume the initial responsibility of evaluating the highly technical questions raised by the parties in this case.
Accordingly, the Court concludes that the appropriate path to follow is the one outlined in Carter, and therefore the instant matter is referred to the Commission for a full administrative determination of all questions relating to the justness, reasonableness, validity and effect of the policy and practices that precipitated this litigation. The Court will retain jurisdiction to pass ultimately upon the antitrust issues, but proceedings will be stayed pending the consummation of the administrative process.
Finally, it must be emphasized that nothing expressed or implied in this opinion should be construed to limit the scope of the Commission's examination, suggest the factors to be considered by the Commission, or influence the conclusion to be reached by the Commission.
Wherefore, it is by the Court this 18th day of December, 1972,
Ordered that the instant matter be and the same is hereby referred to the Federal Communications Commission for a full and adequate determination of the questions raised herein; and it is further
Ordered that the Commission conclude its proceedings and submit its decision to this Court on or before July 1, 1973.