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Discontinuance Application Of XO Communications, LLC(Targeted News Service Via Acquire Media NewsEdge) WASHINGTON, Oct. 24 -- The Federal Communications Commission's Wireless Telecommunications Bureau issued the following public notice: COMMENTS INVITED ON APPLICATION OF XO COMMUNICATIONS, LLC ON BEHALF OF XO COMMUNICATIONS SERVICES, LLC AND XO VIRGINIA, LLC TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 14-168 Comp. Pol. File No. 1179 Comments Due: November 10, 2014 Section 214 Application Applicant: XO Communications, LLC on behalf of XO Communications Services, LLC and XO Virginia, LLC On September 25, 2014, XO Communications, LLC (XO or Applicant) filed an application with the Federal Communications Commission (FCC or Commission) on behalf of its affiliates, XO Communications Services, LLC and XO Virginia, LLC (collectively, XOCS) located at 13865 Sunrise Valley Drive, Herndon, Virginia 20171-4661, requesting authority, under section 214 of the Communications Act of 1934, as amended, 47 U.S.C. section 214, and section 63.71 of the Commission's rules, 47 C.F.R. section 63.71, to discontinue certain domestic telecommunications services in California, Maryland, Massachusetts, Michigan, New York, Oregon, Texas, Virginia and Washington (collectively, Service Areas). XO indicates that XOCS currently offers certain interstate dial-up services including Consumer Dial, Corporate Dial, Wholesale Dial, Enterprise Dial, and Managed Modem Port services (collectively, Dial-Up Services). XO describes Consumer Dial, Corporate Dial, Wholesale Dial and Enterprise Dial as services that provide narrowband, dial-up Internet access to its customers. XO defines Managed Modem Port Service as a wholesale service sold to Internet Service Providers that sell dial-up access to their end users. XO explains that it offers these services in the Service Areas through its operating subsidiaries, XOCS. XO asserts, however, that it is in the process of streamlining its product offerings and has decided to discontinue its Dial-Up Services to better focus on those services most requested by its customers. Accordingly, XO states that XOCS plans to discontinue its provision of Dial-Up Services in the Service Areas effective November 24, 2014. XO maintains that the proposed discontinuance will not harm affected customers because there are other alternative dial-up service providers, including other telecommunications carriers and ISPs, and there are other technologically advanced services that perform essentially the same or better functions. XO indicates that XOCS sent written notice to affected customers by first class mail during the week ending September 26, 2014, in accordance with the requirements of section 63.71 of the Commission's rules. XO states that XOCS is considered non-dominant with respect to the services to be discontinued. In 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, XO indicates that XOCS plans to discontinue its Dial-Up Services in the Service Areas effective November 24, 2014. Accordingly, pursuant to section 63.71(c) and the terms of XO's application, absent further Commission action, XOCS may terminate its Dial-Up Services in the Service Areas on or after November 24, 2014. 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 November 10, 2014. Such comments should refer to WC Docket No. 14-168 and Comp. Pol. File No. 1179. 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. 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 consisted 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 [email protected] 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), [email protected], or Kimberly Jackson, (202) 418-7393 (voice), [email protected], 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. 1 47 C.F.R. Sections 1.1200 et seq. TNS 30TagarumaMar-141028-4916011 30TagarumaMar (c) 2014 Targeted News Service |