PUBLIC NOTICE Federal Communications Commission 445 12 th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 14-1662 Released: November 18, 2014 COMMENTS INVITED ON APPLICATION OF AT&T SERVICES, INC. ON BEHALF OF BELLSOUTH TELECOMMUNICATIONS, LLC D/B/A AT&T SOUTHEAST TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 14-205 Comp. Pol. File No. 1191 Comments Due: December 3, 2014 Section 214 Application Applicant: AT&T Services, Inc. on behalf of BellSouth Telecommunications, LLC d/b/a AT&T Southeast On November 4, 2014, AT&T Services, Inc. (AT&T or Applicant) filed an application with the Federal Communications Commission (FCC or Commission) on behalf of its affiliate, BellSouth Telecommunications, LLC d/b/a AT&T Southeast (AT&T Southeast or Applicant), located at One AT&T Way, Bedminster, NJ 07921, 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 Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee (Service Areas). On November 17, 2014, AT&T filed a letter providing further details regarding the proposed discontinuance. 1 Accordingly, AT&T’s application is deemed complete as of November 17, 2014. AT&T indicates that AT&T Southeast currently offers several service options in the Service Areas within its LightGate service product family. AT&T generally describes LightGate service as a special access point-to-point network service that allows customers to have a physical interface to the network at either the serving wire center or the customer termination location. According to AT&T, LightGate services within the product family use some common network components but also use some equipment that is specific to each service that enables the specific speed and function. AT&T explains that there are a variety of speed options within the LightGate product family that are available for the physical interface, but that AT&T Southeast plans to discontinue certain LightGate service speed options in the Service Areas due to a lack of customer demand. AT&T specifies that on or after December 19, 2014, AT&T Southeast plans to discontinue the following LightGate service speed options: Fiber Connection (FICON), FICON Express, Fibre Channel FC100, Fiber Channel FC200, 100Mbps Metro Ethernet Backbone, 1000Mbps Metro Ethernet Backbone, Fractional 1000 Mbps at 150 Mbps, 300 Mbps, 450 Mbps, and 600 Mbps Metro Ethernet Backbone (Affected Services), pending regulatory approval. AT&T maintains that the public convenience and necessity will not be adversely affected by the proposed discontinuance because there is no customer demand for these LightGate service speed options and 1 See Letter from Terri L. Hoskins, General Attorney, AT&T Services Inc., to Marlene Dortch, Secretary, Federal Communications Commission, WC Docket No. 14-205 (filed November 17, 2014). 2AT&T Southeast will continue to offer LightGate services at the more popular interface speeds as described in section 7.2.9 of AT&T’s Interstate Access Guidebook. AT&T submits that there are no customers that currently subscribe to the LightGate service speed options that it proposes to discontinue and that service to customers of other LightGate service speed options will not be reduced or impaired by the proposed discontinuance. AT&T asserts that AT&T Southeast offers LightGate services pursuant to non-dominant carrier regulation. 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 31st 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, AT&T indicates that AT&T Southeast plans to discontinue the Affected Services in the Service Areas on or after December 19, 2014, pending regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of the application, absent further Commission action, AT&T Southeast may discontinue the Affected Services in the Service Areas on or after December 19, 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. Comments objecting to this application must be filed with the Commission on or before December 3, 2014. Such comments should refer to WC Docket No. 14-205 and Comp. Pol. File No. 1191. 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. 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. 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 2 47 C.F.R. §§ 1.1200 et seq. 3presentation 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 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 –