"We agree with the weight of authority that [47 U.S.C.] section 207 is an election-of-remedies provision, and we now amplify our holding in Stiles: once an election is made by either filing a complaint with the FCC or filing a complaint in federal court, a party may not thereafter file a complaint on the same issues in the alternative forum, regardless of the status of the complaint." 5th U.S. Circuit Court of Appeals, No. 04-41574
Premiere Network Services, Inc. v. SBC Communications, Inc.
February 16, 2006