United States Ninth Circuit

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Telesaurus VPC, LLC v. Power, 09-15446

In a dispute between providers of mobile radio services wherein plaintiff alleged violations of the Federal Communications Act (FCA), the dismissal of the complaint is affirmed where: 1) the complaint did not allege facts sufficient to establish that defendant was a "common carrier" subject to suit under the FCA, 47 U.S.C. sections 206-07; and 2) plaintiff's claims under Arizona law for conversion, unjust enrichment, and intentional interference with prospective economic advantage are expressly preempted by section 332(c)(3) (A) of the FCA, which preempts state regulation of market entry.

Appellate Information

  • Decided 10/08/2010
  • Published 10/08/2010

Judges

  • Sandra S. Ikuta

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Patrick J. Richard, Kathi Mann Sandweiss