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 10-1314 Released: July 14, 2010 COMMENTS INVITED ON APPLICATION OF WEBEX COMMUNICATIONS, INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 10-137 Comp. Pol. File No. 937 Comments Due: July 29, 2010 Section 214 Application Applicant: WebEx Communications, Inc. On June 14, 2010, WebEx Communications, Inc. (WebEx or Applicant), located at 3979 Freedom Circle, Santa Clara, CA 95054, 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 throughout the United States and the District of Columbia (collectively Service Areas).1 By an amendment filed July 12, 2010, WebEx updated the record regarding notice to customers. Accordingly, WebEx’s application is deemed complete as of July 12, 2010. WebEx indicates that it currently provides Audio Conferencing service in the Service Areas. WebEx explains that Audio Conferencing is an audio bridging service that allows users to conduct traditional conference calls with as many as 500 participants. WebEx states that it plans to discontinue Audio Conferencing service in the Service Areas on or after August 17, 2010, subject to regulatory approval.2 WebEx clarifies that, although it plans to discontinue this audio only conferencing service, it is not planning to discontinue its integrated audio and web conferencing collaboration service. WebEx asserts that the public convenience and necessity will not be adversely affected because customers have been given notice that affords them an ample opportunity to acquire reasonable substitute services readily available from other providers. WebEx indicates that it delivered written notice of the proposed discontinuance to all affected customers electronically by email on June 14, 2010. WebEx explains that this is its established channel of communication with customers, and that it delivers all material customer communications electronically, including invoices and information about service changes. WebEx states that it is considered non-dominant with respect to the service to be discontinued. 1 This application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau on June 29, 2010. 2 WebEx indicates that it also provides international WebEx Audio Conferencing service and that it plans to discontinue that service as well. Discontinuance of international service is governed by 47 C.F.R. § 63.19. 2 We seek comment on WebEx’s proposed discontinuance of service, including the steps it has taken to notify customers, given the particular circumstances in this case and in light of the notification procedures prescribed in section 63.71(a) of the Commission’s rules. In accordance with section 63.71(c) of the Commission’s rules, WebEx’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 WebEx that the grant will not be automatically effective. In its application and notice to customers, WebEx indicates that it anticipates discontinuing service on or after August 17, 2010, subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of WebEx’s application and notice, absent further Commission action, WebEx may terminate its Audio Conferencing service in the affected Service Areas on or after August 17, 2010. 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 29, 2010. Such comments should refer to WC Docket No. 10-137 and Comp. Pol. File No. 937. 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. Effective December 28, 2009, the Commission’s contractor will only receive hand-delivered or messenger- delivered paper filings for the Commission’s Secretary at the FCC Headquarters building, located at 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. The filing hours are Monday through Friday, 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. 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. 3 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 Kimberly Jackson, (202) 418-7393 (voice), kimberly.jackson@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 –