*Pages 1--3 from Microsoft Word - 12563.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 01- 2559 November 1, 2001 COMMENTS INVITED ON LCI INTERNATIONAL AND PHOENIX NETWORK, INC. JOINT APPLICATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES NSD File No. W- P- D- 528 Comments Due: November 15, 2001 Section 214 Application Applicants: LCI International Telecom Corp. and Phoenix Network, Inc. On October 5, 2001, LCI International Telecom Corp. (LCI) and Phoenix Network, Inc. (Phoenix) (collectively Applicants), both located at 1801 California Street, Suite 3100, Denver CO 80202, joint ly filed an applicat ion wit h the Federal Communicat ions Commission (FCC or Commission), request ing aut horit y under sect ion 214( a) of the Communications Act of 1934, 47 U. S. C. § 214( a), and section 63.71 of the Commission's rules, 47 C. F. R. § 63.71, to discontinue their domestic telecommunications services. On October 24, 2001, Applicants also jointly petitioned for waiver of the Commission’s customer notice requirements. 1 The application indicates that Applicants are wholly- owned, indirect subsidiaries of Qwest Communicat ions Int ernat ional, Inc. (Qwest ). Applicant s st at e t hat t hey will be merged int o Qwest Communicat ions Corporat ion (QCC), anot her wholly- owned, indirect subsidiary of Qwest. Applicants explain that QCC will provide the services to Applicants’ affected customers, and clarify that this application applies only to services provided by Applicants and not to any services provided by ot her affiliat es or subsidiaries of Qwest . The application states that prior to the merger of Qwest and US West, Inc. (US West) in June 2000, Applicants offered long- distance telecommunications services nationwide. Upon the merger’s closing, Applicants divested their interLATA business in the fourteen 1 47 CFR § 63.71( a)( 5)( i). See letter from Mace J. Rosenstein, Marissa G. Repp, and Douglas A. Klein, attorneys for LCI and Phoenix to Magalie Roman Salas, Secretary of the Federal Communications Commission, dated October 24, 2001 (Waiver Petition). News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 (14) states 2 in which Qwest was the regional Bell operating company (RBOC) to comply with Section 271 of the Communications Act. 3 According to the application, the proposed discontinuance will affect customers in the thrity- six (36) states that were outside of Qwest’s former RBOC territory. Applicants explain that currently, all of their customers receive service under the “Qwest” brand, and after reorganization and streamlining of its operations, they will provide all such services through QCC. The application indicates that QCC owns a nationwide telecommunications network and is one of the top five (5) providers of long- distance service in the United States. Applicants state that they have not provided written notification of the proposed discontinuance to their customers in accordance with 47 CFR § 63.71( a) 5)( i). Applicants also state that because all of their customers already receive service under the “Qwest” brand, they will experience no change in the name of the service provider, or contact or billing information. Applicants also explain that the reorganization will not result in any changes to the rates or terms of services for the affected customers. Applicants submit that these facts should excuse it from the requirement to provide affected customers with notice of the discontinuance. 4 Applicants add in their waiver request that there are no “affected customers” because no customers’ service will be discontinued, and that notification ot customers would only cause confusion. 5 In accordance with 47 C. F. R. § 63.71( c), the application will be deemed to be automatically granted on the thirty- first (31 st ) day after the release date of this notice, unless the Commission has notified Applicant that the grant will not be automatically effective. The FCC will normally 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 is otherwise adversely affected. This proceeding is considered a "permit but disclose" proceeding for purposes of the Commission's ex parte rules. 6 Comment s object ing t o this applicat ion must be filed wit h the Commission by November 15, 2001. Such comments should refer to application file number W- P- D- 528. Comments should include specific information about the impact of this proposed discont inuance on t he comment er, including any inabilit y to acquire reasonable subst it ut e 2 Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. 3 See In the Matter of Qwest Communications International Inc. and US West, Inc., Memorandum Opinion and Order, 15 FCC Rcd 11909 (2000). 4 Applicants also argue that the Commission’s May 15, 2001 order streamlining its process for compliance with its anti- slamming rules also excuses them from providing notice. See 2000 Biennial Review – Review of Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers, 16 FCC Rcd 11218 (2001). Specifically, Applicants rely on language stating that no notice is required where a change in service is imperceptible.” 5 See Waiver Petition. 6 See generally 47 C. F. R. §§ 1.1200 - 1.1216. 2 service. Comments should be sent to the Office of the Secretary, Federal Communications Commission, 445 12 th Street, SW, Room TW- A325, Washington, DC 20554. Two (2) copies of the comments should also be sent to the Network Services Division, Common Carrier Bureau, Federal Communications Commission, 445 12 th Street, SW, Room 6- A207, Washington, DC 20554, Attention: Carmell Weathers. Comments should also be served upon Applicants. The application will be available for review and copying during regular business hours at the FCC Reference Center, Portals II, 445 12 th Street, SW, Room CY- A257, Washington, DC 20554, (202) 418- 0270. A copy of the application may also be purchased from the Commission’s copy contractor, Qualex International, Portals II, 445 12 th Street, SW, Room CY- B402, Washington, DC, 20554, telephone 202- 863- 2893, facsimile 202- 863- 2898, or via e- mail at qualexint@ aol. com. For further information, contact Carmell Weathers, (202) 418- 2325 (voice), cweather@ fcc. gov, or Jon Minkoff (202) 418- 2353 (voice), jminkoff@ fcc. gov, of the Network Services Division, Common Carrier Bureau. The TTY number is (202) 418- 0484. For further information on procedures regarding Section 214 please visit the Network Services Division web site at: http:// www. fcc. gov/ ccb/ nsd/ documents/ 214.html. -FEDERAL COMMUNICATIONS COMMISSION- 3