PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 09-1813 Released: August 14, 2009 COMMENTS INVITED ON APPLICATION OF AT&T CORP. TO DISCONTINUE INTERCONNECTED VOIP SERVICES WC Docket No. 09-141 Comp. Pol. File No. 914 Comments Due: August 31, 2009 On July 27, 2009, AT&T Corp. (AT&T or Applicant), located at 2000 W. AT&T Center Drive, Hoffman Estates, IL 60196, filed an application with the Federal Communications Commission (FCC or Commission) requesting authority, under section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, and section 63.71 of the Commission’s rules, 47 C.F.R. § 63.71, to discontinue the provision of certain interconnected Voice over Internet Protocol (VoIP) services in all states of the U.S. and the District of Columbia. By an amendment filed July 28, 2009, AT&T corrected certain deficiencies in its initial application and updated the record regarding notice to the states. Accordingly, AT&T’s application is deemed complete as of July 28, 2009. AT&T indicates that its AT&T CallVantage service is an interconnected VoIP service that AT&T offers to customers in every state in the country and the District of Columbia. AT&T explains that CallVantage service is an “over-the-top” interconnected VoIP service that requires customers to obtain a broadband Internet access connection in order to use the service. AT&T states, however, that it plans to discontinue CallVantage service in every state in the U.S. and the District of Columbia, on or after October 20, 2009. AT&T acknowledges that it is an interconnected VoIP service provider that will be subject to the requirements of section 63.71 of the Commission’s rules upon the effective date of the requirements adopted in the VoIP Discontinuance Order.1 Accordingly, AT&T indicates that it is submitting its application for authority to discontinue services under section 63.71 of the Commission’s rules in order to ensure a smooth discontinuance process for its customers, and out of an abundance of caution in the event that these discontinuance requirements become effective in the coming weeks or months as AT&T proceeds to discontinue its CallVantage service. AT&T indicates that it sent notice to affected customers via U.S. Mail on July 24, 2009, in compliance with the requirements of section 63.71(a) of the Commission’s rules. AT&T asserts that it is considered a provider of interconnected VoIP service, and would therefore be subject to the same discontinuance requirements as non-dominant carriers under the rule adopted in the VoIP Discontinuance Order. 1 See IP-Enabled Services, Report and Order, WC Docket No. 04-36, 24 FCC Rcd 6039, 6050 (rel. May 13, 2009) (VoIP Discontinuance Order) (indicating that the information collection requirements contained in the VoIP Discontinuance Order will become effective following approval by the Office of Management and Budget). 2 In accordance with section 63.71(c) of the Commission’s rules, AT&T’s application will be deemed to be granted automatically on the 31st day after the release date of this public notice, unless the Commission notifies AT&T that the grant will not be automatically effective. In its application and notice to customers, AT&T indicates that it anticipates discontinuing service on or after October 20, 2009, subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of AT&T’s application and notice, absent further Commission action, AT&T may terminate its provision of CallVantage service in every state in the U.S. and the District of Columbia on or after October 20, 2009. The Commission normally will authorize proposed discontinuances of service unless it is shown that customers or other end users would be unable to receive service or a reasonable substitute from another carrier, or that the public convenience and necessity would be otherwise adversely affected. This proceeding is considered a “permit but disclose” proceeding for purposes of the Commission’s ex parte rules, 47 C.F.R. §§ 1.1200-1.1216. Comments objecting to this application must be filed with the Commission on or before August 31, 2009. Such comments should refer to WC Docket No. 09-141 and Comp. Pol. File No. 914. Comments should include specific information about the impact of this proposed discontinuance on the commenter, including any inability to acquire reasonable substitute service. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. Filers should follow the instructions provided on the Web site for submitting comments. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e-mail comments, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. Parties who choose to file by paper must send an original and four copies of the comments to the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express, and Priority mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. Two copies of the comments should also be sent to the Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 5-C140, Washington, D.C. 20554, Attention: Carmell Weathers. In addition, comments should be served upon the Applicant. Commenters are also requested to fax their comments to the FCC at (202) 418-1413, Attention: Carmell Weathers. The application will be available for public inspection and copying during regular business hours at the FCC Reference Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554, (202) 418-0270. A copy of the application may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington, 3 D.C. 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail at FCC@BCPIWEB.COM. People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). For further information, contact Carmell Weathers, (202) 418-2325 (voice), carmell.weathers@fcc.gov, or Rodney McDonald, (202) 418-7513 (voice), rodney.mcdonald@fcc.gov, of the Competition Policy Division, Wireline Competition Bureau. The tty number is (202) 418-0484. For further information on procedures regarding section 214 please visit http://www.fcc.gov/wcb/cpd/other_adjud. – FCC –