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 12-2076 Released: December 21, 2012 COMMENTS INVITED ON APPLICATION OF XO COMMUNICATIONS, LLC TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 12-370 Comp. Pol. File No. 1073 Comments Due: January 7, 2013 Section 214 Application Applicant: XO Communications, LLC On December 7, 2012, XO Communications, LLC (XO or Applicant), located at 13865 Sunrise Valley Drive, Herndon, Virginia 20171-4661, 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 certain domestic telecommunications services in California, Florida, Georgia, Kentucky, Maryland, Nevada, New York, Ohio, Oregon and Texas (collectively Service Areas).1 XO indicates that it currently offers Wholesale Dial and Enterprise Dial services (collectively Dial-Up Services) in the Service Areas through certain operating subsidiaries including XO Communications Services, LLC and XO Telecommunications of Nevada, LLC. XO explains that its Dial-Up Services enable subscribers to access ISPs with dial-up transmission-only service. XO states, however, that it is in the process of streamlining its product offerings and that it has decided to discontinue its Dial-Up Services in order to better focus on services most requested by customers. XO indicates that it previously sought and obtained authority to discontinue these services in certain locations.2 XO asserts, however, that it has identified a few additional customers in the Service Areas whose service was not discontinued because they did not receive the initial notice of discontinuance. XO states that it now plans to discontinue its Dial-Up Services in the Service Areas effective January 21, 2013. According to XO, affected customers should not be harmed by the proposed discontinuance because there are alternative dial-up service providers and technologically advanced services that perform essentially the same or better functions. XO maintains that customers should still be able to access ISPs through alternative means including through other telecommunications carriers as well as through the ISPs themselves. XO indicates that it provided written notice to affected subscribers by first class mail dated November 30, 2012. XO states that it is considered non-dominant with respect to the services to be discontinued. 1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application on December 14, 2012. 2 See Comments Invited on Application of XO Communications, LLC to Discontinue Domestic Telecommunications Services, Public Notice, WC Docket No. 12-313, DA 12-1718 (rel. Oct. 24, 2012). 2In accordance with section 63.71(c) of the Commission’s rules, XO’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 XO that the grant will not be automatically effective. In its application and notice to customers, XO indicates that it plans to discontinue its Dial-Up Services effective January 21, 2013. Accordingly, pursuant to section 63.71(c) and the terms of XO’s application and notice, absent further Commission action, XO may terminate its Dial-Up Services in the Service Areas on or after January 21, 2013. 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. Comments objecting to this application must be filed with the Commission on or before January 7, 2013. Such comments should refer to WC Docket No. 12-370 and Comp. Pol. File No. 1073. 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 may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. 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 who choose to file by paper must file an original and one copy of each filing. 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. All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. The filing hours are Monday through Friday, 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes 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, Express, and Priority mail must 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. This proceeding is considered a “permit but disclose” proceeding for purposes of the Commission’s ex parte rules.3 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation 3 47 C.F.R. §§ 1.1200 et seq. 3consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. 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 –