FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,017
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proceeding are complainants All American Telephone Co., e-Pinnacle Communications, Inc., and
ChaseCom (collectively, the "CLECs"), and defendant AT&T Corp. ("AT&T"). On January 20, 201 1,
the Commission issued a Memorandum Opinion and Order denying the CLECs' complaint and holding
that neither AT&T's failure to pay the CLECs' terminating access charges nor its failure to file a "rate
complaint " with the Commission violated any provision of the Communications Act of 1934, as
amended ( "Act ").
3. Aventure Communication Technology, L.L.C. ("Aventure") which is not a party to this
proceeding - filed a petition for reconsideration of the All American Order. 5 Aventure is a rural local
exchange carrier that has been "embroiled in litigation in federal district court in Iowa related to
interexchange carriers' ... refusals to provide payment for the access services they have been taking"
4. Qwest Communications Company, LLC ("Qwest") - also not a party to this proceeding -
is one of the interexchange carriers involved in the Iowa litigation with Aventure. Qwest filed a petition
seeking permission to file an opposition to the Aventure Petition for Reconsideration and to the CLECs'
Petition for Reconsideration.7
A. We Dismiss the Aventure Petition for Reconsideration.
5. In order to seek reconsideration of a Commission order in an adjudicatory proceeding to
which it was not a party, a petitioner must demonstrate that (1) the petitioner's "interests are adversely
affected" by the order, and (2) the petitioner has "good reason why it was not possible for [the petitioner]
to participate in the earlier stages of the proceeding." X Aventure claims that it is adversely affected by
the All American (Order because that Order allegedly is "vague" and "subject to multiple
interpretations."' According to Aventure, it will incur costs briefing the Iowa courts about the
precedential value of the All American Order and defending itself against Qwest's efforts to dismiss some
of Aventure 's claims with prejudice based on the All American Order.'"
6. The Commission previously considered - and rejected - the precise argument Aventure
ll. I/,nmerican Tehlphonw (Co.. "-Pilna I C lonunllicatio)v Inc . nt. (C tasc n ( ' A T& 71 (y rp., Memorandum
Opinion and Order, 26 FCC Red 723 (2011) ("All /American Order").
See Aventure Petition for Reconsideration.
Aventure Petition for Reconsideration at I.
See Qwest Petition to Accept Filing. See also Petition for Reconsideration or Clarification of All American
Telephone (o., Inc., c-Pinnacle Communications. Inc., and Chasecomn, File No. EB-l0-M D-003 (filed Feb. 22,
2011) ("CLEC"s Petition for Reconsideration"). See also AT&T's Opposition to Petition for Reconsideration, File
No. EB-()10-MD-003 (filed Mar. 4, 201 1) ("AT&T ()Opposition to Petition for Reconsideration").
x 47 C.F.R. l.106(bh)(1)
' Aventure Petition lir Reconsideration at 2-3.
I hI. at 3. Qwest has requested that Aventure voluntarilyy withdraw all Communications Act claims from the
pending federal court litigation, in light of the All f.American )Order, or Qwest will move the court to dismiss those
claims with prejudice." hi at 2.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/41/: accessed December 10, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.