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 11-1900 Released: November 15, 2011 COMMENTS INVITED ON APPLICATION OF SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T SOUTHWEST TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 11-179 Comp. Pol. File No. 1018 Comments Due: December 15, 2011 Section 214 Application Applicant: Southwestern Bell Telephone Company d/b/a AT&T Southwest On October 19, 2011, Southwestern Bell Telephone Company d/b/a AT&T Southwest (AT&T or Applicant), located at 2600 Camino Ramon 4S 503, San Ramon, CA 94583, 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 certain domestic telecommunications services in Arkansas, Kansas, Missouri, Oklahoma and Texas (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 it currently offers ReliaNet service and Self-healing Transport Network (STN) service (Volume Options 3, 6, 12 and 24) in the Service Areas. AT&T states that ReliaNet service provides flat rate DS-1, DS-3 or OC-12 circuits between customer locations and AT&T’s wire centers, and describes the ReliaNet network as being comprised of multiple inter-office SONET rings in the Service Areas. AT&T explains that its STN service provides dedicated digital transport service from two or more customer specified access nodes over AT&T’s shared infrastructure. AT&T further explains that STNs are typically constructed in a ring configuration that provides redundant transmission over separate physical facilities. AT&T asserts, however, that the equipment necessary to provision these services has been declared end of sale by the manufacturer. AT&T also indicates that the services have been superseded in the market by AT&T’s SONET Dedicated Ring Service, OCN or Ethernet access services which offer more robust feature alternatives. AT&T states that, as a result, it plans to streamline its product portfolio and discontinue offering these services to new customers on or after December 30, 2011, subject to Commission authorization. In its revised notice, AT&T explains that on or after December 30, 2011 existing customers may not purchase additional ReliaNet service arrangements or STN service, but they may continue to order certain service connections and purchase certain additional elements related to existing service, subject to existing capacity availability, for the remainder of any term 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 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 ReliaNet service is ultimately discontinued on or after September 30, 2015 and STN service is discontinued on or after December 1, 2016. AT&T maintains that the public convenience and necessity will not be impaired by the proposed discontinuances because AT&T provides alternative service arrangements that provide more robust feature alternatives. AT&T indicates that it initially sent notice of the proposed discontinuances via U.S. Mail on either October 12, 2011 or October 13, 2011 for ReliaNet customers and on October 12, 2011 or October 18, 2011 for STN customers. AT&T indicates that, on November 4, 2011, it then followed with revised notices to all current customers that subscribe to these services. AT&T states that it is considered dominant with respect to the services 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 it plans to discontinue offering ReliaNet and STN services to new customers in the Service Areas and to establish certain restrictions on existing service on or after December 30, 2011, subject to Commission authorization. AT&T further indicates that it plans to discontinue providing ReliaNet service to existing customers on or after September 30, 2015 and to discontinue providing STN service to existing customers on or after December 1, 2016. Accordingly, pursuant to section 63.71(c) and the terms of AT&T’s revised application and notices, absent further Commission action, AT&T may cease to offer ReliaNet and STN service to new customers and may apply its restrictions on existing service in the Service Areas on or after January 14, 2012, in accordance with its filed representations. In addition, AT&T may terminate ReliaNet service to existing customers in the Service Areas on or after September 30, 2015 and may terminate STN service to existing customers on or after December 1, 2016, in accordance 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 December 15, 2011. Such comments should refer to WC Docket No. 11-179 and Comp. Pol. File No. 1018. 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. 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 3 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 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 –