*Pages 1--3 from Microsoft Word - 22955.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 02- 3141 November 13, 2002 COMMENTS INVITED ON CABLE & WIRELESS USA, INC. APPLICATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES Comp. Pol. File No. 617 Comments Due: November 27, 2002 Section 214 Application Applicant: Cable & Wireless USA, Inc. On November 5, 2002, Cable & Wireless USA, Inc. (C& W or Applicant) located at 8219 Leesburg Pike, Vienna, VA 22182 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, 1 to discontinue the provision of certain domestic data services in certain geographic areas. C& W seeks to discontinue providing domestic data services in Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, Nevada, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, and Wisconsin, and in the District of Columbia. All affected customers were notified of this proposed discontinuance by personalized letters dated October 25, 2002. C& W emphasizes that it will continue to provide many other domestic and international telecommunications services that are not subject to this application. In accordance with section 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. 2 The Commission will normally authorize proposed discontinuances of service unless it is shown that customers or 1 47 U. S. C. § 214( a). See also 47 C. F. R. § 63.71. 2 47 C. F. R. § 63.71( c). News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 2 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. 3 Pursuant to Sections 1.415 and 1.419 of the Commission's rules, interested parties may file comments on or before November 27, 2002. 4 Such comments should refer to Comp. Pol. File No. 617. 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. 3 See generally 47 C. F. R. §§ 1.1200 - 1.1216. 4 47 C. F. R. §§ 1.415, 1.419. 2 3 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 http:// www. fcc. gov/ wcb/ cpd/ other_ adjud -FEDERAL COMMUNICATIONS COMMISSION- 3