*Pages 1--2 from Microsoft Word - 13500.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 01- 2897 December 13, 2001 COMMENTS INVITED ON NET2000 COMMUNICATIONS SERVICES, INC. APPLICATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES NSD File No. W- P- D- 545 Comments Due: December 27, 2001 Section 214 Application Applicant: Net2000 Communications Services, Inc. On December 6, 2001, Net2000 Communications Services, Inc. (Net2000 or Applicant), located at 2180 Fox Mill Road, Herndon, VA 20171, filed an application with the Federal Communications Commission (FCC or Commission), requesting authority under section 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 its domestic telecommunications services. The application indicates that Net2000 seeks authority to discontinue providing facilit ies-based and resold local and long distance telecommunications services, as well as data, interactive video and Internet services. Applicant seeks to discontinue providing these services only in Virginia, Maryland, and the Dist rict of Columbia. Net2000 explains that on November 16, 2001, its parent corporation, Net2000 Communications, Inc., filed a petition pursuant to Chapter 11 of the U. S. Bankruptcy Code, seeking the protection of the U. S. Bankruptcy Court for Delaware. Applicant states that pursuant to the terms of an asset purchase agreement, Cavalier Telephone, LLC (Cavalier) would acquire substantially all the assets of Net2000 used in providing telecommunications services, including all of its customer accounts. Applicant also states that this transaction, subject to approval by the bankruptcy Court and various regulatory bodies, would allow a Net2000’s customers to seamlessly become Cavalier customers. Net2000 explains that although approval of the asset purchase agreement is anticipated, it remains possible that Net2000’s assets could be awarded to an alternate bidder or that such assets will be sold on News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 a piecemeal basis. According to the application, on November 29, 2001, Net2000 provided written notification of the proposed discontinuance to its affected customers in Virginia, Maryland, and t he Dist rict of Columbia, as required under Commission rules. 1 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. 2 Comment s object ing t o this applicat ion must be filed wit h the Commission by December 27, 2001. Such comments should refer to application file number W- P- D- 545. 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 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. All comments should also be faxed to the FCC at (202) 418- 2345, Attention: Jon Minkoff. Comments should be served upon Applicant. 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- 1 See 47 C. F. R. § 63.71( a)( 5)( i). 2 See generally 47 C. F. R. §§ 1.1200 - 1.1216. 2