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 11-414 Released: March 2, 2011 COMMENTS INVITED ON APPLICATION OF AT&T INC. ON BEHALF OF PACIFIC BELL TELEPHONE COMPANY D/B/A AT&T CALIFORNIA TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 11-44 Comp. Pol. File No. 982 Comments Due: April 1, 2011 Section 214 Application Applicant: AT&T Inc. on behalf of Pacific Bell Telephone Company d/b/a AT&T California On February 16, 2011, AT&T Inc. (AT&T or Applicant) filed an application with the Federal Communications Commission (FCC or Commission) on behalf of its affiliate, Pacific Bell Telephone Company d/b/a AT&T California (AT&T California), located at 2600 Camino Ramon, 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 certain domestic telecommunications services throughout the AT&T service territory in California (Service Area).1 AT&T indicates that AT&T California currently offers Advanced Broadcast Video Service (ABVS) and Advanced Video Service Component Video (AVS-CD) in the Service Areas pursuant to the terms of the Pacific Bell Telephone Company Tariff F.C.C. No. 1. AT&T explains that ABVS is a 45 Mbps premise to premise or premise to POP digital video service. AT&T further explains that AVS-CD provides for the receipt or hand-off of a digitized video to or from the network interface utilizing component video methodology. AT&T asserts, however, that AT&T California plans to discontinue these services in the Service Area due to a lack of demand as the marketplace currently requires significantly more bandwidth provided on up-to-date technology platforms. AT&T indicates that AT&T California plans to discontinue offering ABVS and AVS-CD to new customers on May 1, 2011, subject to Commission approval of this application. AT&T states that AT&T California then plans to continue to provide ABVS to existing customers on a month-to-month basis, and to discontinue ABVS to existing customers on or after May 1, 2012 with 30 days notice, subject to Commission approval of this application. AT&T indicates that AT&T California also plans to discontinue AVS-CD to existing customers on or after January 31, 2012 with 30 days notice, subject to Commission approval of this application. AT&T maintains that the public convenience and necessity will not be adversely affected by the proposed discontinuances because there are competing advanced video transport services in the marketplace including AT&T’s Serial Component Video service and High Definition Video Transport 1 AT&T’s application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau on February 17, 2011. 2 service. AT&T indicates that it notified affected customers of the proposed discontinuances by letters sent via U.S. mail on February 10, 2011. AT&T acknowledges that its application will be processed under the Commission’s rules for dominant carriers. 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 application and notices to customers, AT&T indicates that AT&T California plans to discontinue offering ABVS and AVS-CD to new customers on May 1, 2011, subject to Commission approval of this application. AT&T further indicates that AT&T California plans to discontinue ABVS to existing customers on or after May 1, 2012 and to discontinue AVS-CD to existing customers on or after January 31, 2012, subject to Commission approval of this application. Accordingly, pursuant to section 63.71(c) and the terms of AT&T’s application and notices, absent further Commission action, AT&T California may cease to offer ABVS and AVS-CD to new customers in the Service Area on or after May 1, 2011, and may terminate service to existing ABVS and AVS-CD customers in the Service Areas on or after May 1, 2012 and January 31, 2012 respectively, 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 April 1, 2011. Such comments should refer to WC Docket No. 11-44 and Comp. Pol. File No. 982. 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 file an original and four copies 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 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 3 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 –