COMMENTS INVITED ON APPLICATION OF ATX LICENSING, INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES
PUBLIC NOTICE
Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.Internet: http://www.fcc.gov
Washington, D.C. 20554
TTY: 1-888-835-5322
DA 10-2317
Released: December 7, 2010
COMMENTS INVITED ON APPLICATION OF ATX LICENSING, INC. TO
DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES
WC Docket No. 10-245
Comp. Pol. File No. 962
Comments Due: December 22, 2010
Section 214 Application
Applicant: ATX Licensing, Inc.
November 23, 2010, ATX Licensing, Inc.
(ATX or Applicant), located at 800 WestchesterAvenue, Suite N-501, Rye Brook, NY 10573
, filed an application with the Federal CommunicationsCommission (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 the provision of certain domestic telecommunications services in Alabama, Arkansas,
California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Texas, Washington and Wisconsin
(collectively Service Areas).
ATX indicates that it currently offers intrastate and interexchange telecommunications services
throughout the Service Areas. ATX states, however, that a significant portion of its customer base has
been consolidated into the operations of ATX's sister corporation, Broadview Networks, Inc. ATX
explains that during the consolidation its customers had the option of participating in the consolidation,
transitioning to new providers, or remaining with ATX. ATX indicates that over time the few customers
that chose to remain with ATX have decreased to zero. ATX states that it, therefore, plans to discontinue
all affected intrastate and interexchange services in the Service Areas subject to regulatory approval 31
days after the release of the Commission's public notice, on or about December 31, 2010. ATX maintains
that the public convenience and necessity will not be adversely affected by the proposed discontinuance
because currently there are no customers for the services in the Service Areas. In addition, ATX asserts
that consumers in the affected states have a wide range of alternative telecommunications services from
which to choose. ATX states that it is considered non-dominant with respect to the services to be
discontinued.
In accordance with section 63.71(c) of the Commission's rules, ATX'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 ATX that the grant will not be automatically effective. In its application, ATX
indicates that it anticipates discontinuing services subject to regulatory approval 31 days after the release
of the Commission's public notice, on or about December 31, 2010. Accordingly, pursuant to section
63.71(c) and the terms of ATX's application, absent further Commission action, ATX may terminate all
affected services in the Service Areas on or after
January 7, 2011
. The Commission normally willauthorize 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
December 22, 2010
. Such comments should refer toWC
Docket No. 10-245 and Comp. Pol. File No. 962
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 send an original and four copies of the comments to the
Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-A325,
Washington, D.C. 20554. 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.
Effective
December 28, 2009, the Commission's contractor will only receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at the FCC Headquarters building, located
at 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554
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 mail, Express, and Priority mail should
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.
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).
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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
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