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 09-1346 Released: June 16, 2009 COMMENTS INVITED ON APPLICATION OF VERIZON CALIFORNIA INC., VERIZON FLORIDA LLC, VERIZON NORTH INC., VERIZON NORTHWEST INC., VERIZON SOUTH INC., GTE SOUTHWEST INCORPORATED (D/B/A VERIZON SOUTHWEST) AND CONTEL OF THE SOUTH, INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 09-101 Comp. Pol. File No. 902 Comments Due: July 16, 2009 Section 214 Application Applicants: Verizon California Inc., Verizon Florida LLC, Verizon North Inc., Verizon Northwest Inc., Verizon South Inc., GTE Southwest Incorporated (d/b/a Verizon Southwest) and Contel of the South, Inc. On May 12, 2009, Verizon California Inc., located at 112 Lakeview Canyon Road, Thousand Oaks, California 91362; Verizon Florida LLC, located at 201 North Franklin Street, One Tampa City Center, Tampa, Florida 33602; Verizon North Inc., located at 8001 West Jefferson Boulevard, Fort Wayne, Indiana 46804; Verizon Northwest Inc., located at 1800 41st Street, Everett, Washington 92801; Verizon South Inc., located at 703 East Grace Street, Richmond, Virginia 23219; GTE Southwest Incorporated (d/b/a Verizon Southwest), located at 600 Hidden Ridge, Irving, Texas 75038; and Contel of the South, Inc., located at 600 Hidden Ridge, Irving, Texas 75038 (collectively Verizon or Applicants), 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 Arizona, California, Florida, Idaho, Illinois, Indiana, Nevada, North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Washington and Wisconsin. Verizon indicates that it currently offers Express Connect and Flex Express Connect services throughout its service territory in Arizona, California, Florida, Idaho, Illinois, Indiana, Nevada, North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Washington and Wisconsin (collectively Service Areas). Verizon explains that Express Connect and Flex Express Connect Services are entrance facility Synchronous Optical NETwork (SONET) rings which provide transport services at bandwidths of OC3, OC12 and OC48 capacity. Verizon states that Express Connect is configured as a minimum 3-node SONET ring and Flex Express Connect as a minimum 4-node SONET ring. Verizon further states that both services are sold on a First System and Additional Systems basis (where up to three additional systems may be purchased to fill up ring capacity). Verizon indicates that the First System provides the customer with a SONET entrance ring that connects the customer designated location to a Verizon optical networking wire center(s) at bandwidths of OC3, OC12 or OC48. Verizon 2 states that the Additional System(s) allows the customer to order additional capacity at the same bandwidth as the First System up to a maximum capacity of OC12, OC48 and OC192. Verizon indicates that it now intends to discontinue its provision of Express Connect and Flex Express Connect services in the Service Areas. Specifically, Verizon states that on or after August 15, 2009, subject to Commission authorization: (1) orders for Express Connect and Flex Express Connect First Systems will no longer be accepted; (2) orders for Express Connect and Flex Express Connect Additional Systems and Additional Nodes will no longer be accepted; and (3) orders for moves, rearrangements, or changes in bandwidths to Express Connect and Flex Express Connect First Systems and Additional Systems will no longer be accepted. Verizon indicates, however, that these services will be grandfathered as Verizon will continue to provide Express Connect and Flex Express Connect service to existing customers through the expiration of each customer’s service term. Verizon states that, at the expiration of their service term, existing customers will have the option of disconnecting their Express Connect and Flex Express Connect services or renewing their existing Express Connect and Flex Express Connect services through the expiration of their renewal term(s), or as long as Verizon is technically capable of providing the service. Verizon maintains that the public convenience and necessity will not be impaired by this proposed service discontinuance because Verizon and other providers offer alternative SONET services. Verizon indicates that it sent notice of the proposed discontinuance to all affected customers via U.S. Mail on May 1, 2009. Verizon states that it is considered dominant with respect to the affected service. In accordance with section 63.71(c) of the Commission’s rules, Verizon’s application will be deemed to be granted automatically on the 60th day after the release date of this public notice, unless the Commission notifies Verizon that the grant will not be automatically effective. In Verizon’s application, Verizon indicates that it anticipates discontinuing service on or after August 15, 2009, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of Verizon’s application, absent further Commission action, Verizon may terminate its Express Connect and Flex Express Connect services in the Service Areas on or after August 15, 2009 consistent with its filed representations. 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 July 16, 2009. Such comments should refer to WC Docket No. 09-101 and Comp. Pol. File No. 902. 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, 3 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 Applicants. Commenters are also requested to fax their comments to the FCC at (202) 418-1413, Attention: Carmell Weathers. 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 Christina Parker, (202) 418-2331 (voice), christina.parker@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 –