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 11-1899 Released: November 15, 2011 COMMENTS INVITED ON APPLICATION OF AT&T INC. ON BEHALF OF ILLINOIS BELL TELEPHONE COMPANY D/B/A AT&T ILLINOIS, INDIANA BELL TELEPHONE COMPANY, INC. D/B/A AT&T INDIANA, MICHIGAN BELL TELEPHONE COMPANY D/B/A AT&T MICHIGAN, THE OHIO BELL TELEPHONE COMPANY D/B/A AT&T OHIO, THE SOUTHERN NEW ENGLAND TELEPHONE COMPANY D/B/A AT&T CONNECTICUT AND WISCONSIN BELL, INC. D/B/A AT&T WISCONSIN TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 11-181 Comp. Pol. File No. 1017 Comments Due: December 15, 2011 Section 214 Application Applicant: AT&T Inc. on behalf of Illinois Bell Telephone Company d/b/a AT&T Illinois, Indiana Bell Telephone Company, Inc. d/b/a AT&T Indiana, Michigan Bell Telephone Company d/b/a AT&T Michigan, The Ohio Bell Telephone Company d/b/a AT&T Ohio, The Southern New England Telephone Company d/b/a AT&T Connecticut and Wisconsin Bell, Inc. d/b/a AT&T Wisconsin On October 18, 2011, AT&T Inc. (AT&T or Applicant) filed an application with the Federal Communications Commission (FCC or Commission) on behalf of its affiliates, Illinois Bell Telephone Company d/b/a AT&T Illinois, Indiana Bell Telephone Company, Inc. d/b/a AT&T Indiana, Michigan Bell Telephone Company d/b/a AT&T Michigan, The Ohio Bell Telephone Company d/b/a AT&T Ohio, The Southern New England Telephone Company d/b/a AT&T Connecticut and Wisconsin Bell, Inc. d/b/a AT&T Wisconsin (AT&T Affiliates), located at 2600 Camino Ramon 4S 503, San Ramon, CA 94583, 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 a certain domestic telecommunications service throughout the AT&T Affiliates’ service territories in Illinois, Indiana, Michigan, Ohio and Wisconsin (collectively Service Areas). By an amendment filed on November 8, 2011, AT&T corrected certain deficiencies in its initial application and updated the record regarding its revised notice to customers.1 Accordingly, AT&T’s application is deemed complete as of November 8, 2011. AT&T indicates that the AT&T Affiliates currently offer SONET Xpress service in the Service Areas. AT&T explains that SONET Xpress service provides flat rate DS-1, DS-3 and OC12 circuits between customer locations and AT&T Affiliate wire centers, and describes the SONET Xpress network 1 AT&T’s application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau on October 21, 2011, and AT&T’s amendment was subsequently received on November 9, 2011. 2 as being comprised of multiple inter-office SONET rings in the Service Areas. AT&T states, however, that the AT&T Affiliates plan to discontinue this service due to a lack of demand and network platform equipment nearing End of Life. AT&T indicates that the AT&T Affiliates plan to discontinue offering SONET Xpress service to new customers effective December 30, 2011, subject to Commission approval of this application. In its revised notice, AT&T explains that on or after December 30, 2011 existing customers may not purchase additional AT&T SONET Xpress service arrangements, but they may continue to purchase certain service connections related to existing service, subject to existing capacity availability, for the remainder of any term commitment, including any contract, term plan or other applicable arrangement. AT&T clarifies that existing customers may otherwise retain their services according to all applicable rates, terms and conditions for the remainder of any term commitment. AT&T also indicates that, upon the expiration of any term commitment, service will be provided on a month-to- month basis at the then applicable rate until SONET Xpress service is ultimately discontinued on or after June 30, 2014. AT&T maintains that the public convenience and necessity will not be harmed by the proposed discontinuance because these services have been superseded in the market by AT&T’s SONET Dedicated Ring Service, OCN or Ethernet access services which offer more robust feature alternatives than SONET Xpress service. AT&T asserts that it initially notified affected customers of the proposed discontinuance by letters sent via U.S. mail on October 12, 2011. AT&T represents that, on November 4, 2011, it then sent revised notices to all current customers that subscribe to SONET Xpress service in order to clarify that the final proposed discontinuance date for this service is June 30, 2014. AT&T acknowledges that it is considered dominant with respect to the service to be discontinued. In accordance with section 63.71(c) of the Commission’s rules, AT&T’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 AT&T that the grant will not be automatically effective. In the revised application and customer notices, AT&T indicates that the AT&T Affiliates plan to discontinue offering SONET Xpress service to new customers in the Service Areas and to establish certain restrictions on existing service on or after December 30, 2011, subject to Commission approval. AT&T further indicates that the AT&T Affiliates plan to discontinue SONET Xpress service to existing customers on or after June 30, 2014, subject to Commission approval of this application. Accordingly, pursuant to section 63.71(c) and the terms of AT&T’s revised application and notices, absent further Commission action, the AT&T Affiliates may cease to offer SONET Xpress service to new customers and may apply restrictions on existing service in the Service Areas on or after January 14, 2012, in accordance with AT&T’s filed representations. In addition, the AT&T Affiliates may terminate service to existing SONET Xpress service customers in the Service Areas on or after June 30, 2014, in accordance with AT&T’s 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 December 15, 2011. Such comments should refer to WC Docket No. 11-181 and Comp. Pol. File No. 1017. 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://fjallfoss.fcc.gov/ecfs2/. 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. 3 Parties who choose to file by paper must file an original and one copy of each filing. 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. All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters 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 and boxes 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, Express, and Priority mail must 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. 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 –