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Comments Invited on Application of XO Communications, LLC

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Released: April 19, 2013

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 13-802

Released: April 19, 2013

COMMENTS INVITED ON APPLICATION OF XO COMMUNICATIONS, LLC TO

DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 13-98

Comp. Pol. File No. 1095

Comments Due: May 6, 2013

Section 214 Application
Applicant: XO Communications, LLC

On

April 2, 2013, XO Communications, LLC

(XO or Applicant), located at 13865 Sunrise

Valley Drive, Herndon, Virginia 20171-4661

, 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 California, Connecticut, Massachusetts, New
Jersey, New York, Ohio, Pennsylvania, Rhode Island, Texas, Utah and Virginia (collectively, Service
Areas). By an amendment filed on April 18, 2013, XO clarified certain details and updated the record
regarding notice to customers. Accordingly, XO’s application is deemed complete as of April 18, 2013.
XO indicates that it currently offers Managed Modem Port Service (MMPS), MMPS Enhanced
Service, Dedicated MMPS IP Transit Service and Dedicated MMPS IP Transport Service (collectively,
Affected Services or MMPS Services) to a limited number of customers in the Service Areas. XO
specifies that the Affected Services are provided by XO’s operating subsidiaries, XO Communications
Services, LLC and XO Virginia, LLC. XO describes the Affected Services as interstate network-based
dial-up Internet access wholesale services and states that they are sold to Internet Service Providers (ISPs)
that sell dial-up access to their end users. XO clarifies that, for these service offerings, XO provides
subscribers with only transmission service. XO asserts that it is in the process of streamlining its product
offerings and has decided to discontinue its MMPS Services to better focus on those services most
requested by its customers. Accordingly, XO states that it plans to discontinue its MMPS Services in the
Service Areas effective May 21, 2013. XO maintains that the proposed discontinuance will not harm
affected customers because there are other alternative service providers, including other
telecommunications carriers and ISPs, and there are other technologically advanced services that perform
essentially the same or better functions. XO indicates that it provided written notice to all affected
customers by first class mail on March 26, 2013. XO asserts that it is also sending notice to subscribers
by email to ensure that they remain aware of the pending discontinuance. XO 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, XO’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 XO that the grant will not be automatically effective. In the notice to customers, XO
indicates that it plans to discontinue the Affected Services in the Service Areas effective May 21, 2013.

Accordingly, pursuant to section 63.71(c) and the terms of XO’s notice, absent further Commission
action, XO may terminate the Affected Services in the Service Areas on or after

May 21, 2013

. 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

May 6,

2013. Such comments should refer to

WC Docket No. 13-98 and Comp. Pol. File No. 1095

. 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.1 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


1 47 C.F.R. §§ 1.1200 et seq.
2

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 –
3

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