Aureon Asks DC Circuit to Overturn FCC Orders Siding With AT&T in CEA Tariff Dispute
Aureon Network Services filed a legal challenge to FCC rulings against the carrier in its centralized equal access (CEA) service rate dispute with AT&T. Aureon asked the U.S. Court of Appeals for the D.C. Circuit to review a Nov. 8…
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liability order that found the company (also known as Iowa Network Services) violated rate-cap and rate-parity rules by raising its CEA tariff in 2013, after AT&T complained it was being charged for traffic heading to CLECs engaged in "access stimulation" (see 1711080059). Aureon also challenged an Aug. 1 order that largely denied its petition to reconsider the 2017 order and apply AT&T relief prospectively only (see 1808020030), and it challenged interlocutory orders in the proceeding. Aureon asked the court to uphold its "deemed lawful 2013 tariff rate and hold unlawful" and grant relief from FCC decisions "that (1) hold that Aureon is a CLEC and apply rules for non-dominant CLECs to Aureon’s dominant carrier service, (2) invalidate Aureon’s 2013 tariff rate, and (3) hold that Aureon’s 2013 tariff rate is void ab initio," said its petition (in Pacer) Tuesday in Iowa Network Services v. FCC, No. 18-1257. Aureon filed a separate petition Wednesday asking the D.C. Circuit to review a July 31 FCC order requiring the company to further revise its rate for interstate switched transport after finding its latest tariff didn't comply with the rules (see 1807310061). AT&T and the FCC didn't comment. AT&T's reply in FCC proceeding No. 17-56 in support of its petition for further reconsideration of the Aug. 1 order said none of Aureon's opposing arguments had merit.