FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,018
The following text was automatically extracted from the image on this page using optical character recognition software:
makes in this case. In A T& 7 v. BTI," the Commission dismissed a petition for reconsideration filed by
five CLECs and a CLEC trade association that were not parties to a complaint proceeding under section
208 of the Act. The Commission held that the mere precedential value of an adjudicatory order in a
section 208 complaint proceeding cannot "adversely affect" a non-party to the adjudication within the
meaning of section 405(a) of the Act and section 1.106 of the Commission's rules.'2 AT&T v. BTI
compels the conclusion here that Aventure has not demonstrated that the All American Order "adversely
affects" its interests under rule I.106(b)(1).
7. Aventure further asserts that it was "'neither given notice of the scope of the proceeding
nor an opportunity to participate in the action," because the complaint proceeding between the CLECs
and AT&T is "restricted" for purposes of the ex parte rules.' We need not reach this argument since
Aventure fails to satisfy the "adversely affected" component of rule 1.106(b)(). We note, however, that
the public is able to ascertain the "'scope" of any proceeding - including a restricted proceeding - by
reviewing the pleadings, which are publicly available in the Commission's Reference Information Center.
B. We Dismiss the Qwest Petition to Accept Filing.
8. The Qwest Petition to Accept Filing cites no Commission rule or precedent as a basis
for allowing Qwest to participate in the reconsideration phase of this complaint proceeding. Rather, the
Petition simply argues that Qwest 's participation "at this time is warranted and is consistent with the
public interest and orderly process ," 14 because Qwest " is a party to a number of lawsuits brought by
what are known as 'traffic pumping' LECs to collect what they claim are tariffed access charges." ~" We
construe Qwest's request as being tantamount to a petition to intervene.
9. The Commission's rules make no provision for filing of petitions to intervene in
adjudicatory non-hearing proceedings.'" In past complaint proceedings, however, the Commission has
looked for guidance to the standard contained in rule 1.223(b), which requires a petition for leave to
intervene as a party in a hearing to show, among other things, the "interest of petitioner in the
proceedings" and "how such petitioner's participation will assist the Commission in the determination of
the issues in question." 7
'' AT&T Corp. v. Busines Telecom, Inc., Order on Reconsideration, 16 FCC Red 21750 (2001) ("AT&T . BTI").
'2 Id., 16 FCC Red at 21752-53, 11 6-7.
" Aventure Petition for Reconsideration at 3. See 47 C.F.R. 1.1208 (Restricted Proceedings).
4 Qwest Petition to Accept Filing at 1.
Id. at 3.
"' Commission rule I.10()6(b)( I ) addresses petitions for reconsideration tiled by persons who are not parties to the
proceeding. 47 C.F R. I.106(b) It does not speak to non-parties' attempts to file oppoution. to petitions for
17 47 C.F.R. 1.223(b). SeeL Teleconnecl o. v The Bell (C' nymn o/ Pennsr l'mna, Memorandum Opinion and
Order, 6 FCC Red 5202, 5206, 18-20 (Comn. Car. Bur. 1991 ) ("Although this section specifically addresses
intervention in an evidentiary hearing, we believe it to be a usefLil standard when considering the petition for
intervention before us" in a formal complaint proceeding), a//'fl on review. 10 FCC Red 1626 (1995). See also.I) INE
Investments. Inc., Memorandum Opinion and O)rder, 23 FCC Red 623. 627, 1 12 (2008) (noting that the
"Commission's Rules do not provide ifor petitions to intcrvcne in non-heanring cases," but looking to the "'factors for
intervention" in rule 1.223(b)).
Federal Communications Commission
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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/m1/42/: accessed August 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.