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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                          
                                                                       
                                            )                          
                                                                       
                                            )                          
                                                                       
                                            )                          
     In the Matter of                                                  
                                            )                          
     All American Telephone Co.,                                       
                                            )                          
     e-Pinnacle Communications, Inc., and                              
                                            )                          
     ChaseCom,                                                         
                                            )   File No. EB-10-MD-003  
     Complainants,                                                     
                                            )                          
     v.                                                                
                                            )                          
     AT&T Corp.,                                                       
                                            )                          
     Defendant.                                                        
                                            )                          
                                                                       
                                            )                          
                                                                       
                                            )                          
                                                                       
                                            )                          


                                     order

   Adopted: October 26, 2011 Released: October 27, 2011

   By the Chief, Enforcement Bureau:

   I. Introduction

    1. This Order dismisses the Petition for Reconsideration or Clarification
       of Aventure Communication Technology, L.L.C., and the Petition of
       Qwest Communications Company, LLC to Accept Opposition Filing. As
       discussed below, we dismiss the Aventure Petition for Reconsideration
       because Aventure has not satisfied the requirements for non-parties to
       seek reconsideration of a Commission order in an adjudicatory
       proceeding. Similarly, we dismiss the Qwest Petition to Accept Filing
       because Qwest has not demonstrated that it should be permitted to
       intervene in the proceeding.

   II. BACKGROUND

    2. This is a formal complaint proceeding effectuating a primary
       jurisdiction referral of litigation by the United States District
       Court for the Southern District of New York. The parties to the
       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, 2011, 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. 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" from Aventure.

    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.

   III. Analysis

          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." 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 makes in this case. In AT&T 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. AT&T v. BTI compels the conclusion here that
       Aventure has not demonstrated that the All American Order "adversely
       affects" its interests under rule 1.106(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)(1). 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.

     A. 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 ," 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."

   10. The Qwest Petition to Accept Filing fails to satisfy the requirements
       for intervention. Specifically, even if Qwest has an "interest" in
       this proceeding, it has made no showing as to how its "participation
       will assist the Commission in the determination of the issues in
       question." Because, as discussed above, we dismiss the Aventure
       Petition for Reconsideration, Qwest has no need to respond to the
       arguments Aventure has advanced. Moreover, AT&T timely filed a 22-page
       opposition to the CLECs Petition for Reconsideration, and Qwest does
       not contend that AT&T's submission fails to adequately address the
       issues raised in that Petition. Accordingly, we dismiss the Qwest
       Petition to Accept Filing.

   IV. ordering clauses

   11. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and
       405 of the Communications Act of 1934, as amended, 47 U.S.C. S:S:
       154(i), 154(j), 208, and 405, and sections 0.111, 0.311, and 1.106 of
       the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.106, that
       the Petition for Reconsideration or Clarification of Aventure
       Communication Technology, L.L.C. IS DISMISSED.

   12. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the
       Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j),
       and 208, and sections 0.111, 0.311, and 1.223 of the Commission's
       rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.223, that the Petition of
       Qwest Communications Company, LLC to Accept Opposition Filing IS
       DISMISSED.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

   Petition for Reconsideration or Clarification of Aventure Communication
   Technology, L.L.C., File No. EB-10-MD-003 (filed Feb. 22, 2011) ("Aventure
   Petition for Reconsideration").

   Petition of Qwest Communications Company, LLC to Accept Opposition Filing,
   File No. EB-10-MD-003 (filed Mar. 4, 2011) ("Qwest Petition to Accept
   Filing").

   See All American Tel. Co., Inc. v. AT&T Corp., Order Referring Issues to
   the Federal Communications Commission, Case No. 1:07-cv-00861-WHP
   (S.D.N.Y. Feb. 5, 2010).

   All American Telephone Co., e-Pinnacle Communications, Inc., and ChaseCom
   v. AT&T Corp., Memorandum Opinion and Order, 26 FCC Rcd 723 (2011) ("All
   American Order").

   See Aventure Petition for Reconsideration.

   Aventure Petition for Reconsideration at 1.

   See Qwest Petition to Accept Filing. See also Petition for Reconsideration
   or Clarification of All American Telephone Co., Inc., e-Pinnacle
   Communications, Inc., and Chasecom, File No. EB-10-MD-003 (filed Feb. 22,
   2011) ("CLECs Petition for Reconsideration"). See also AT&T's Opposition
   to Petition for Reconsideration, File No. EB-010-MD-003 (filed Mar. 4,
   2011) ("AT&T Opposition to Petition for Reconsideration").

   47 C.F.R. S: 1.106(b)(1).

   Aventure Petition for Reconsideration at 2-3.

   Id. at 3. Qwest has requested that Aventure "voluntarily withdraw all
   Communications Act claims from the pending federal court litigation, in
   light of the All American Order, or Qwest will move the court to dismiss
   those claims with prejudice." Id. at 2.

   AT&T Corp. v. Business Telecom, Inc., Order on Reconsideration, 16 FCC Rcd
   21750 (2001) ("AT&T v. BTI").

   Id., 16 FCC Rcd at 21752-53, P:P: 6-7.

   Aventure Petition for Reconsideration at 3. See 47 C.F.R. S: 1.1208
   (Restricted Proceedings).

   Qwest Petition to Accept Filing at 1.

   Id. at 3.

   Commission rule 1.106(b)(1) addresses petitions for reconsideration filed
   by persons who are not parties to the proceeding. 47 C.F.R. S: 1.106(b).
   It does not speak to non-parties' attempts to file oppositions to
   petitions for reconsideration.

   47 C.F.R. S: 1.223(b). See  Teleconnect Co. v. The Bell Company of
   Pennsylvania, Memorandum Opinion and Order, 6 FCC Rcd 5202, 5206, P:P:
   18-20 (Com. Car. Bur. 1991) ("Although this section specifically addresses
   intervention in an evidentiary hearing, we believe it to be a useful
   standard when considering the petition for intervention before us" in a
   formal complaint proceeding), aff'd on review, 10 FCC Rcd 1626 (1995). See
   also JNE Investments, Inc., Memorandum Opinion and Order, 23 FCC Rcd 623,
   627, P: 12 (2008) (noting that the "Commission's Rules do not provide for
   petitions to intervene in non-hearing cases," but looking to the "factors
   for intervention" in rule 1.223(b)).

   47 C.F.R. S: 1.223(b). See  Texas Cable and Telecommunications Assoc. v.
   GTE Southwest Inc., Order, 17 FCC Rcd 6261, 6265, P: 9 (2002) (rejecting a
   request to intervene in a pole attachment proceeding where the petitioner
   failed to show how its participation would assist in the resolution of the
   issues).

   See AT&T Opposition to Petition for Reconsideration.

   (continued from previous page)

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   Federal Communications Commission DA 11-1731

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   Federal Communications Commission DA 11-1731