FCC Seeks Consolidation of Aureon Tariff Cases at DC Circuit, Asks for Abeyance
The FCC asked the U.S. Court of Appeals for the D.C. Circuit to consolidate three petitions for review arising from the agency's investigation of a tariff rate dispute between Iowa Network Services (Aureon) and AT&T (see 1904180053), in a Friday…
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motion (in Pacer). The cases involve petitions in FCC docket 17-56. The agency also wants to hold the court cases, docketed 19-1087, 18-1258 and 19-1014, in abeyance until the agency can "complete its ongoing tariff investigation" to avoid piecemeal litigation of the issues, the FCC and AT&T said in a joint Wednesday filing. An issue central to Aureon's complaint is whether the telco is subject to dual regulation by FCC under both CLEC and dominant carrier rules. The D.C. Circuit should move forward with consolidated complaint-related case numbers 18-1007, 18-1257 and 19-1013, the FCC and AT&T also said. Resolution of the dual regulation issue in those cases could remove the need to litigate it in the tariff-related cases, they said. Aureon didn't join the FCC/AT&T motions but filed its own motion to consolidate all six cases named above.