*Pages 1--3 from Microsoft Word - 35361* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 04- 243 February 2, 2004 COMMENTS INVITED ON APPLICATION OF RCN TELECOM SERVICES, INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 04- 17 Comp. Pol. File No. 672 Comments Due: February 17, 2004 Section 214 Application Applicant: RCN Telecom Services, Inc. On January 15, 2004, RCN Telecom Services, Inc. (RCN or Applicant) located at 105 Carnegie Center, Princeton, New Jersey 08540 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 resold local exchange service in and around Carmel, New York. RCN indicates that it seeks to discontinue its provision of resold local exchange service within the following affected service areas in the state of New York: the Town of Beekman (Dutchess County); the Village of Brewster (Putnam County); the Town of Carmel (Putnam County); the Town of Kent (Putnam County); the Town of Patterson (Putnam County); the Town of Pawling (Dutchess County); the Village of Pawling (Dutchess County); the Town of Putnam Valley (Putnam County); the Town of Somers (Westchester County); and the Town of Southeast (Putnam County). RCN states that it is non- dominant with respect to this service. The application indicates that RCN plans to discontinue service on March 1, 2004, or as soon thereafter as the necessary governmental approval can be obtained. RCN further indicates that, in accordance with the requirements of section 63.71( a) of the Commission’s rules, it provided written notice of its planned discontinuance to all affected customers on either January 1, 2004 or January 15, 2004. In accordance with section 63.71( c) of the Commission’s rules, 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 RCN that the grant will not be automatically effective. Accordingly, pursuant to section 63.71( c), absent further Commission action, RCN may not terminate service to the customers affected by this application until March 4, 2004. The Commission will normally authorize proposed discontinuances of service unless it is shown that News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 2 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 February 17, 2004. Such comments should refer to WC Docket No. 04- 17 and Comp. Pol. File No. 672. Comments should include specific information about the impact of this proposed discontinuance on the commenter, including any inability to acquire reasonable substitute service. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to . Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send e- mail to ecfs@ fcc. gov, and should include the following words in the subject line "get form ." A sample form and directions will be sent in reply. Parties who choose to file by paper must send an original and four (4) copies of the comments 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, Natek, 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 2 3 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), carmell. weathers@ fcc. gov, or Denise Coca, (202) 418- 0574 (voice), denise. coca@ 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