MEMORANDUM AND ORDER
Newcomer, District Judge.
In this action N-TRIPLE-C INC., a common carrier specializing in the provision of interstate private line communications services, is seeking to compel three subsidiaries of the American Telephone and Telegraph Company to provide interconnections so that plaintiff will be able to furnish certain services to its customers. American Telephone and Telegraph Company, the parent organization, is also joined as a defendant. Plaintiff alleges that it is authorized by the Federal Communications Commission to furnish the services for which it seeks interconnections, and that the Bell operating companies' failure to interconnect with it violates Sections 201 and 202 of the Communications Act, 47 U.S.C. §§ 201, 202. Plaintiff claims that this Court's jurisdiction over the matter is based on Section 406 of the Communications Act, which empowers a district court to compel a common carrier to furnish services where defendant's failure to provide those services violates a section of the Communications Act and where such failure results in discrimination between customers. Plaintiff claims that defendants have denied it interconnections which they readily give to AT&T's Long Lines Division, the Bell subsidiary responsible for interstate communications.
The facts and law of this case are nearly identical to those in a case recently decided by this Court, MCI Communications Corporation et al. v. American Telephone and Telegraph Co. et al., 369 F. Supp. 1004 (1974) in which an injunction was granted compelling AT&T, through its subsidiaries, to provide interconnection to plaintiff MCI. This injunction was vacated by the Court of Appeals for the Third Circuit on the grounds that this Court should have deferred to the primary jurisdiction of the Federal Communications Commission. MCI Communications Corporation et al. v. American Telephone and Telegraph Co. et al., 496 F.2d 214 (3rd Cir. 1974).
Three subsidiaries of AT&T, defendants Illinois Bell Telephone Company, Northwestern Bell Telephone Company, and Southwestern Bell Telephone Company, have filed motions to dismiss the complaint as against them on the grounds that the service of process upon them was improper and insufficient under Rule 4 of the Federal Rules of Civil Procedure and that this Court thus lacks in personam jurisdiction over them, and that the venue of this action is not proper as to these defendants within the Eastern District of Pennsylvania under 28 U.S.C. § 1391.
Plaintiff is a Nebraska corporation with operations throughout the Northwest, Midwest and Southwest. The moving defendants are corporations organized under the law of states other than Pennsylvania with their principal place of business in the Northwest, Midwest and Southwest. All the interconnections which plaintiff seeks to compel are between facilities located in these regions.
Plaintiff claims that substituted service upon the moving defendants was proper because Rule 4(e) of the Federal Rules of Civil Procedure authorizes service in the manner prescribed by state law, and § 8308 of Pennsylvania's long-arm statute, 42 P.S. App. § 8308, authorizes the Secretary of the Commonwealth to accept substituted service from a federal court "in the same manner and with the same effect" as substituted service issued by a state court. But this reasoning is circular. The Pennsylvania long-arm statute only authorizes service on foreign corporations if the action sued on arose within Pennsylvania. Plaintiff does not even attempt to argue that its cause of action arose in this state.
Assuming arguendo that service of process had been properly effected, we believe that venue does not properly lie in this district. The venue of this action is governed by 28 U.S.C. § 1391 (b) and (c), which provide:
"(b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may be brought only in the judicial district where all defendants reside [or in which the claim arose], except as otherwise provided by law.
(c) A corporation may be sued in any judicial district in which it is incorporated or licensed to do business or is doing business and such judicial district shall be regarded as the residence of such corporation for venue purposes."