*Pages 1--3 from Microsoft Word - 26922.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 03- 1203 April 22, 2003 COMMENTS INVITED ON BT AMERICAS INC. APPLICATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES Comp. Pol. File No. 647 Comments Due: May 6, 2003 Section 214 Application Applicant: BT Americas Inc. On February 3, 2003, BT Americas Inc. (formerly BT North America Inc.) (BTAI or Applicant) located at 11911 Freedom Drive - 11 th Floor, Reston, Virginia 20190 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 certain domestic interstate telecommunications services. The application indicates that BTAI provides its BT Virtual Network Service to customers with sites located in California, New Jersey, New York and Texas. BTAI states that it plans to close its BT Virtual Network Service Platform and migrate its customers onto a new intelligent network. According to BTAI, migrated customers will cease to receive Virtual Network Service and will instead be offered BTAI’s new Voice Virtual Private Network (VPN) service, BT VoicePort. BTAI describes its new service as a world class Circuit Switched, Voice Virtual Private Network that is globally available with points of presence in over 23 countries across Europe, Asia, and North America, and switched terminations to over 240 countries. BTAI states that for the majority of customers, migration will be seamless and have a minimal impact. BTAI indicates that it notified affected customers of its planned discontinuance starting on April 1, 2003 by letters dated January 31, 2003. In a letter dated April 11, 2003, BTAI amended its February 3, 2003 filing to state that it also served copies of its application on the Governor and Public Service Commission of each affected state, as well as on the Secretary of Defense by first- class mail on April 11, 2003. 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 News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 has notified the Applicant that the grant will not be automatically effective. Accordingly, pursuant to section 63.71( c), BTAI cannot legally terminate service to its customers until at least the thirty- first day after the release of this Public Notice, in this case, May 23, 2003. 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, 47 C. F. R. §§ 1.1200- 1.1216. Comments objecting to this application must be filed with the Commission on or before May 6, 2003. Such comments should refer to Comp. Pol. File No. 647. 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, S. W., Room TW- A325, Washington, D. C. 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, S. W., Room 6- A207, Washington, D. C. 20554, Attention: Carmell Weathers. In addition, comments should be served upon the 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, S. W., 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, S. W., Room CY- A257, Washington, D. C. 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, S. W., Room CY- B402, Washington, D. C. 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 Rodney McDonald, (202) 418- 7513 (voice), rlmcdona@ 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. 2 -FEDERAL COMMUNICATIONS COMMISSION- 3