*Pages 1--2 from Microsoft Word - 14075.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 02- 51 January 10, 2002 COMMENTS INVITED ON FAIRPOINT COMMUNICATIONS SOLUTIONS CORP. APPLICATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES NSD File No. W- P- D- 549 Comments Due: January 25, 2002 Section 214 Application Applicant: FairPoint Communications Solutions Corp. On December 13, 2001, FairPoint Communications Solutions Corp (FairPoint or Applicant), located at 6324 Fairview Road, 4 th Floor, Charlotte, NC 28210, 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 FairPoint seeks authority to discontinue providing resold local exchange service to its Verizon- territory customers in Texas. The application states that FairPoint is a competitive local exchange carrier (CLEC) authorized to provide resold and facilit ies- based local exchange, local toll, and long dist ance services to business and resident ial customers in multiple states nationwide, including Texas. Since receiving its local exchange and long dist ance aut horizat ion from the Texas Public Ut ilit y Commission, Applicant st at es that it has exclusively served small to medium- sized business customers. In Texas, FairPoint explains that it provides local services predominantly on a resale basis, and that it provides these services to approximately fifty- five (55) customers in Texas utilizing Verizon’s facilities. The application indicates that FairPoint has re- evaluated its business plan, and concluded that it is in its best interest to eliminate its retail service offerings in Texas. Applicant states that it intends to focus its attention and financial resources exclusively on providing wholesale, carrier- to- carrier services to independent telephone companies and other CLECs. FairPoint explains that it intends to continue to market and provide resold wholesale, carrier- to- carrier long distance services in Texas. Applicant states that its request to withdraw from these local resale markets is a strategic business decision that is based on its plans for future growth in the wholesale sector. News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 FairPoint 's applicat ion st at es it is in a st rong financial posit ion t o help ensure t hat it s current customers transition to other local service, local toll service, and long distance service providers. The application indicates that FairPoint has developed a comprehensive, two- step cust omer not ificat ion plan that will ensure that its cust omers have ample not ice of FairPoint ’s plans and sufficient time to select new carriers. Applicant also states that it has provided all affected customers with notice of the proposed discontinuance, as required by 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 January 25, 2002. Such comments should refer to application file number W-P- D- 549. 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. Comments should also be served upon Applicant. In addition, Commenters are requested to fax their comments to the Commission, attn: Jon Minkoff, at (202) 418- 2345. 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