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 11-983 Released: June 1, 2011 COMMENTS INVITED ON APPLICATION OF AT&T INC. ON BEHALF OF BELLSOUTH TELECOMMUNICATIONS, INC. D/B/A AT&T SOUTHEAST TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 11-92 Comp. Pol. File No. 990 Comments Due: July 1, 2011 Section 214 Application Applicant: AT&T Inc. on behalf of BellSouth Telecommunications, Inc. d/b/a AT&T Southeast On May 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, BellSouth Telecommunications, Inc. d/b/a AT&T Southeast (AT&T Southeast), 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 territories in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee (collectively Service Areas). AT&T indicates that AT&T Southeast currently offers Modular Video Transport service (MVTS) and Commercial Quality Video service (CQVS) in the Service Areas. AT&T explains that MVTS is a fiber optic transport video service that interconnects two or more customer designated locations to provide one way video service with audio. AT&T describes CQVS as a service that provides a video channel with one-way transmission capability for a standard 525-line/60-field monochrome or National Television Systems Committee-System M video signal. AT&T states, however, that AT&T Southeast plans to discontinue MVTS and CQVS due to a lack of demand. AT&T explains that the discontinuance of MVTS has been triggered by a market evolving to digital transport video offerings. AT&T also asserts that the primary network components that AT&T uses to provide CQVS are being retired by the network component supplier and there is no feasible upgrade solution available to meet ongoing CQVS commitments. AT&T specifies that AT&T Southeast plans to discontinue offering new arrangements for MVTS effective on or after August 1, 2011, subject to Commission approval. AT&T adds that MVTS will continue to be provided to existing customers until their current agreements expire. AT&T asserts that MVTS will then be provided on a month-to-month basis following the expiration of an existing MVTS service agreement until MVTS is withdrawn on or after December 31, 2014 with 30 days advanced notice, subject to regulatory approval. AT&T indicates that AT&T Southeast also plans to discontinue offering new arrangements for CQVS effective on or after August 1, 2011, subject to Commission approval. According to AT&T, CQVS will then continue to be provided to existing customers on a month-to-month basis until the service is withdrawn on or after August 1, 2012, subject to regulatory 2 approval. 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 Broadcast Quality Video service and Serial Component Video service. AT&T indicates that it notified affected customers of the proposed discontinuances by letters sent via U.S. mail on May 13, 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 customer notices, AT&T indicates that AT&T Southeast plans to discontinue offering new arrangements for MVTS and CQVS in the Service Areas on or after August 1, 2011, pending regulatory approval. AT&T further indicates that AT&T Southeast plans to withdraw MVTS on or after December 31, 2014 with 30 days advanced notice, and to withdraw CQVS on or after August 1, 2012, subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of AT&T’s application and notices, absent further Commission action, AT&T Southeast may cease to offer new arrangements for MVTS and CQVS in the Service Areas on or after August 1, 2011. In addition, AT&T Southeast may terminate service to existing MVTS customers in the Service Areas on or after December 31, 2014, and may terminate service to existing CQVS customers in the Service Areas on or after August 1, 2012, 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 July 1, 2011. Such comments should refer to WC Docket No. 11-92 and Comp. Pol. File No. 990. 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 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 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, 3 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 –