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 15-1051 Released: September 18, 2015 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. 15-222 Comp. Pol. File No. 1242 Comments Due: October 19, 2015 Section 214 Application Applicant: AT&T Services, Inc. on behalf of BellSouth Telecommunications, LLC d/b/a AT&T Southeast On September 1, 2015, 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), located at 675 S. Peachtree Street NW, Atlanta, GA 30308, 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 offering a certain domestic telecommunications service throughout its service territory in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee (collectively, Service Areas). 1 AT&T indicates that AT&T Southeast currently offers BellSouth Managed Shared Ring service in the Service Areas (Affected Service) via the BellSouth Telecommunications Tariff FCC No. 1, Section 6, Access Service. AT&T describes the Affected Service as a managed high capacity shared network service capable of providing a transport link with high performance and reliability parameters and a level of redundancy/diversity designed to limit a single event from interrupting service. AT&T asserts, however, that there is no customer demand for the Affected Service and that AT&T Southeast currently does not have any customers that subscribe to the service. Accordingly, AT&T submits that AT&T Southeast plans to discontinue offering the Affected Service in the Service Areas on or after November 20, 2015, pending regulatory approval. The Applicant maintains that the public convenience and necessity will not be adversely affected by the proposed discontinuance because there is no customer demand for the service. AT&T asserts that the Affected Service is offered pursuant to dominant carrier regulation. In accordance with section 63.71(d) of the Commission’s rules, AT&T’s application will be deemed granted automatically on November 17, 2015, the 60th day after the release date of this public 1 See Section 63.71 Application of BellSouth Telecommunications, LLC d/b/a AT&T Southeast for Authority Pursuant to Section 214 of the Communications Act of 1934, As Amended, to Discontinue the Provision of Service, WC Docket No. 15-222 (filed September 1, 2015), http://apps.fcc.gov/ecfs/comment/view?id=60001199077 (Application). 2notice, unless the Commission notifies AT&T that the grant will not be automatically effective. 2 We note that the date on which an application for Commission authorization is deemed granted may be different from the date on which an applicant is authorized to discontinue, reduce, or impair service. In the Application, AT&T indicates that AT&T Southeast plans to discontinue offering the Affected Service in the Service Areas on or after November 20, 2015, pending regulatory approval. Accordingly, pursuant to section 63.71(d), and the terms of the Application, absent further Commission action, AT&T Southeast may discontinue, reduce or impair the Affected Service in the Service Areas on or after November 20, 2015, 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 October 19, 2015. Such comments should refer to WC Docket No. 15-222 and Comp. Pol. File No. 1242. 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. 3 Comments may be filed electronically using the Internet by accessing the ECFS: http://apps.fcc.gov/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 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. Copies of the comments may 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, or faxed to the FCC at (202) 418-1413, Attention: Carmell Weathers. In addition, comments should be served upon the Applicant. This proceeding is considered a “permit but disclose” proceeding for purposes of the Commission’s ex parte rules. 4 Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. 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 2 See 47 C.F.R. § 63.71(d) (stating that an application filed by a dominant carrier “shall be automatically granted on the 60th day after its filing with the Commission without any Commission notification to the applicant unless the Commission has notified the applicant that the grant will not be automatically effective.”). 3 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 4 47 C.F.R. §§ 1.1200 et seq. 3presentation (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). 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), (888) 835-5322 (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 (888) 835-5322. For further information on procedures regarding section 214 please visit https://www.fcc.gov/encyclopedia/domestic-section-214-discontinuance-service. – FCC –