- On October 12, 2011, the Iowa Utilities Board (IUB) denied separate motions to dismiss the complaint of Aventure Communication Technology LLC against Qwest Corp., Qwest Communications Co., LLC and PAETEC Communications, Inc. Aventure alleged in its complaint that the carriers are sending “phantom traffic” to Aventure’s network in a “fraudulent scheme to avoid paying terminating access charges on intrastate and interstate long distance traffic terminated by Aventure at its central office in rural Salix, Iowa.” Aventure specifically asserts that the Qwest local entity, in coordination with the Qwest interexchange entity and PAETEC, is intentionally manipulating the signaling information of interexchange traffic to make it appear as if it is local traffic and then routing it over Aventure’s facilities dedicated for local traffic.
In its motion to dismiss, Qwest argued that Aventure failed to allege any facts showing that Qwest breached a duty to Aventure or engaged in any conduct contrary to Iowa law. PAETEC noted that Aventure’s complaint “may be moot before it is finished,” as the IUB has a pending docket to consider whether to revoke Aventure’s certificate of public convenience and necessity. PAETEC thus argued that the complaint should be dismissed until the IUB resolves Aventure’s revocation proceeding. In denying the carriers’ motions to dismiss, the IUB ruled that Aventure did in fact state a claim that could entitle it to relief. “Aventure claims that such misrouting has had an adverse effect on Aventure’s local service, asserting that the ‘jamming of Aventure’s local trunks is degrading Aventure’s service to its customers.’ If proven, that claim may justify some relief for Aventure that is within the Board’s jurisdiction, since it involves local exchange service.” Docket FCU-2011-0014.