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 13-2203 Released: November 15, 2013 COMMENTS INVITED ON APPLICATION OF QWEST COMMUNICATIONS COMPANY, LLC D/B/A CENTURYLINK QCC TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 13-266 Comp. Pol. File No. 1126 Comments Due: December 2, 2013 Section 214 Application Applicant: Qwest Communications Company, LLC d/b/a CenturyLink QCC On October 31, 2013, Qwest Communications Company, LLC d/b/a CenturyLink QCC (CenturyLink or Applicant), located at 100 CenturyLink Drive, Monroe, LA 71203, 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 all 50 states, U.S. possessions and territories (collectively, Service Areas).1 CenturyLink indicates that it currently offers QCC Frame Relay (FR) and QCC Asynchronous Transfer Mode (ATM) services in the Service Areas. CenturyLink describes QCC FR service as a connection-oriented packet-switched data service allowing for the interconnection of Local Area Networks (LAN) or other compatible customer equipment. CenturyLink explains that QCC ATM service is a connection-oriented multiplexing and switching service based on ATM cell-based switching technology. CenturyLink further explains that QCC ATM service uses fixed-length cells to support transmission of multiple types of traffic, such as data, voice and video, over a LAN or Wide Area Network. CenturyLink maintains that it currently has 160 customers for QCC FR and QCC ATM services. The Applicant states, however, that in 2011 it was advised by equipment manufacturer Alcatel- Lucent that the equipment used for its QCC FR and QCC ATM services would no longer be manufactured as of December 31, 2011 and that all support would be discontinued as of December 31, 2014. CenturyLink asserts, therefore, that it plans to grandfather and eventually discontinue QCC FR and QCC ATM services in the Service Areas on December 15, 2013, or as soon thereafter as the necessary regulatory approvals can be obtained. CenturyLink submits that on or after that date, it will no longer offer these services to new customers or accept new orders from existing customers except to the extent that such orders are permitted by contract. CenturyLink clarifies that, on or after December 15, 2013, it plans to grandfather existing customers as follows: 1) existing contracts for these services will not be 1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application on November 6, 2013. 2renewed; 2) customers with a contract that expires prior to December 15, 2014 may retain their QCC FR and/or QCC ATM service covered by that contract on a month-to-month basis until December 15, 2014; and 3) customers with a contract that expires after December 15, 2014 may retain their QCC FR and/or QCC ATM service covered by that contract until the expiration of that contract. According to CenturyLink, customers have the option of moving to alternative CenturyLink services, such as IQ Networking Private Port Service, which uses the latest technology to create a robust VPN service. CenturyLink notes that customers can also turn to numerous other providers of similar services. CenturyLink submits that it sent notice to affected retail customers by U.S. Mail on October 23, 2013. CenturyLink represents that it sent notice to affected wholesale customers by email on October 25, 2013 and by U.S. Mail on October 30, 2013. CenturyLink indicates that it also sent notice by email on October 18, 2013 and by U.S. Mail on October 30, 2013 to federal government customers that receive service pursuant to the federal government’s Networx contract. CenturyLink adds that it sent notice by email and U.S. Mail to its remaining federal government customers on October 28, 2013. The Applicant asserts that it is considered non-dominant with respect to the service to be discontinued, reduced or impaired. In accordance with section 63.71(c) of the Commission’s rules, CenturyLink’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 CenturyLink that the grant will not be automatically effective. In its application, CenturyLink indicates that it plans to grandfather and eventually discontinue QCC FR and QCC ATM services in the Service Areas on December 15, 2013, or as soon thereafter as the necessary regulatory approvals can be obtained. Accordingly, pursuant to section 63.71(c) and the terms of CenturyLink’s application, absent further Commission action, CenturyLink may discontinue QCC FR and QCC ATM services in the Service Areas on or after December 16, 2013, in accordance with CenturyLink’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. Comments objecting to this application must be filed with the Commission on or before December 2, 2013. Such comments should refer to WC Docket No. 13-266 and Comp. Pol. File No. 1126. 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 may be filed electronically using the Internet by accessing the ECFS: 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 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. 3Two 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. This proceeding is considered a “permit but disclose” proceeding for purposes of the Commission’s ex parte rules.2 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. 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 – 2 47 C.F.R. §§ 1.1200 et seq.