*Pages 1--4 from Microsoft Word - 21471.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 02- 2335 September 20, 2002 COMMENTS INVITED ON IP COMMUNICATIONS, L. P. APPLICATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES Comp. Pol. File No. 605 Comments Due: October 4, 2002 Section 214 Application Applicant: IP Communications L. P. On August 28, 2002, IP Communications L. P. (IP or Applicant) located at 17300 Preston Road, Suite 300, Austin, TX 75252 filed an application with the Federal Communications Commission (FCC or Commission), requesting authority under section 214( a) of the Communications Act of 1934, as amended, 47 U. S. C. § 214( a), and section 63.71 of the Commission's rules, 47 C. F. R. § 63.71, to discontinue the provision of digital subscriber line (DSL) service in selected central offices within four states. The application indicates that IP proposes to discontinue providing DSL services on October 15, 2002, to select central offices in the following states: Kansas, Missouri, Oklahoma, and Texas. IP clarifies that they will not be shutting down service on a state- wide basis in any state. IP states that these selected central offices account for less than 3.1% of IP’s existing DSL lines. IP’s DSL service is used for high- speed Internet access, and is provided to wholesale customers that are Internet Service Providers (ISP), as well as to end- user retail customers. IP’s application indicates that it provided written customer notice on or before August 28, 2002. Direct notice was provided to IP’s customers of record. For its wholesale ISP customers, IP has committed to assist the ISP with the customer conversion process. It states that it will work with the ISP to help assure that end users receive specific notice if service through the ISP will be disconnected when a conversion to another provider through the ISP is not possible. IP has provided customer contact information to assist customers in their attempt to identify alternative providers, if any, that would be able to provide comparable service in a manner that would avoid, or at least minimize, service disruption and inconvenience. News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 2 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 Commission 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 would be otherwise adversely affected. This proceeding is considered a “permit but disclose” proceeding for purposes of the Commission's ex parte rules. 1 Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 C. F. R. §§ 1.415, 1.419, interested parties may file comments on or before October 4, 2002. Such comments should refer to Comp. Pol. File No. 605. Comments should include specific information about the impact of this proposed discontinuance on the commenter, including any inability to acquire reasonable substitute service. The original and four (4) copies of the 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 Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12 th Street, SW, Room 6- A207, Washington, DC 20554, Attention: Carmell Weathers. In addition, Comments should be served upon Applicant. Commenters are also requested to fax their comments to the FCC at (202) 418- 2345, Attention: Carmell Weathers. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Vistronix, Inc., 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 Mail, and Priority Mail should be addressed to 445 12th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. 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 John Adams (202) 418- 0394 (voice), jkadams@ 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 1 See generally 47 C. F. R. §§ 1.1200 - 1.1216. 2 3 http:// www. fcc. gov/ wcb/ cpd/ other_ adjud -FEDERAL COMMUNICATIONS COMMISSION- 3 4