Lssi Data Corp.v.Comcast Phone, Llc
LSSI Data Corporation provides directory-assistance services by aggregating telephone-listing data. Comcast terminated its direct-data agreement with LSSI and instead used Targus as an exclusive aggregator and distributor. LSSI alleged that the arrangement discriminated against it under Sections 202, 222(e), and 251(b)(3) of the Communications Act, and the district court issued a preliminary injunction requiring Comcast to provide direct access. The Eleventh Circuit vacated and remanded. It held that Comcast may use an agent to satisfy its statutory access obligations, but the agent cannot be used to discriminate between similarly entitled providers or between Comcast and competitors. The district court asked the wrong question by comparing LSSI’s access with Targus’s rather than examining whether Comcast, through Targus, gave preferential access to itself or its directory-assistance provider. LSSI also had not produced enough evidence to show a substantial likelihood of success; the record did not establish the terms of the relevant agreements or preferential treatment. Because the merits showing failed, the court did not need to resolve irreparable injury. Further discovery and examination of the agreements remained available on remand.
Loading published copy…

