PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 09-1218 Released: May 29, 2009 COMMENTS INVITED ON APPLICATION OF COMCAST BUSINESS COMMUNICATIONS, LLC TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 09-80 Comp. Pol. File No. 903 Comments Due: June 15, 2009 Section 214 Application Applicant: Comcast Business Communications, LLC On May 19, 2009, Comcast Business Communications, LLC (CBC or Applicant), located at One Comcast Center, 50th Floor, Philadelphia, PA 19103, filed an application with the Federal Communications Commission (FCC or Commission) requesting authority, under section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, and section 63.71 of the Commission’s rules, 47 C.F.R. § 63.71, to discontinue the provision of certain domestic telecommunications services in Delaware, Maryland, New Jersey and Pennsylvania (collectively Service Areas). On May 28, 2009, CBC filed an amendment to its application in order to provide requested supplemental information. Accordingly, CBC's application is deemed complete as of May 28, 2009. CBC indicates that it generally provides local telecommunications services in Delaware and Maryland, and currently provides Digital Trunk, Integrated Services Digital Network Primary Rate Interface (ISDN PRI) local telecommunications services, related service bundles that include those services, and ancillary services such as trunk provisioning, call blocking, directory listings, directory assistance and operator services in New Jersey and Pennsylvania (collectively Local Services). CBC further indicates that it provides stand-alone long distance interexchange telecommunications services in all four states (collectively IXC Services). CBC states, however, that it now intends to discontinue its provision of Local Services and IXC Services in the Service Areas. CBC maintains that there are a small number of customers that will be affected by the proposed discontinuance, and that many are CBC affiliates. Specifically, with respect to customers that will be affected by the discontinuance of its Local Services, CBC states that it currently has one customer in Delaware (which is a CBC affiliate), 16 customers in Maryland (six of which are CBC affiliates), 14 customers in New Jersey (seven of which are CBC affiliates), and eight customers in Pennsylvania (three of which are CBC affiliates). With respect to non-affiliate customers that will be affected by the discontinuance of its IXC Services, CBC states that it has only 23 in Delaware, 26 in Maryland, 167 in New Jersey and 270 in Pennsylvania. CBC indicates that it plans to continue to provide local interconnection service to an affiliate providing Voice over Internet Protocol (VoIP) service in New Jersey and Pennsylvania, and that it will continue to offer access services in Maryland, New Jersey and Pennsylvania following the planned discontinuance. According to CBC, the anticipated date for the proposed discontinuance is on or about July 1, 2009, but no earlier than 31 days after the Commission releases public notice of its filing. CBC indicates that it informed all 2 affected customers of the proposed discontinuance by letters sent via first class U.S. Mail on or before May 4, 2009. Finally, CBC asserts that it is non-dominant in the local and interexchange services markets. In accordance with section 63.71(c) of the Commission’s rules, CBC’s application will be deemed to be granted automatically on the 31st day after the release date of this public notice, unless the Commission notifies CBC that the grant will not be automatically effective. In CBC’s application and notice to its customers, CBC indicates that it anticipates discontinuing service on or around July 1, 2009 subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of CBC’s application and notice, absent further Commission action, CBC may terminate the provision of the applicable Local Services and IXC Services in Delaware, Maryland, New Jersey and Pennsylvania on or after July 1, 2009. The Commission normally will 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 June 15, 2009. Such comments should refer to WC Docket No. 09-80 and Comp. Pol. File No. 903. 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 FR 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. Filers should follow the instructions provided on the Web site for submitting comments. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, filers 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, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. Parties who choose to file by paper must send an original and four copies of the comments to the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. The Commission’s contractor 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, and Priority mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. Two copies of the comments should also be sent to the Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 5-C140, 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) 418-1413, Attention: Carmell Weathers. 3 The application will be available for public inspection and copying during regular business hours at the FCC Reference Center, Portals II, 445 12th 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 duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail at FCC@BCPIWEB.COM. People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). For further information, contact Carmell Weathers, (202) 418-2325 (voice), carmell.weathers@fcc.gov, or Rodney McDonald, (202) 418-7513 (voice), rodney.mcdonald@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. – FCC –