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Discontinuance Application Of Verizon Not Automatically Granted

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Released: November 9, 2012

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 12-1825

Released: November 9, 2012

APPLICATION OF VERIZON SELECT SERVICES INC. TO DISCONTINUE

DOMESTIC TELECOMMUNICATIONS SERVICES

NOT AUTOMATICALLY GRANTED

WC Docket No. 12-298

Comp. Pol. File No. 1055

On

September 21, 2012, Verizon Select Services Inc.

(VSSI or Applicant), located at

One

Verizon Way, Basking Ridge, NJ 07920

, 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 fifty states, the District of Columbia,
Guam, Puerto Rico and the U.S. Virgin Islands (collectively Service Areas).1 By this Public Notice, the
Wireline Competition Bureau announces that VSSI’s application to discontinue service will not be
automatically granted pursuant to section 63.71.
VSSI indicates that it currently offers TDM-based interstate long distance private line services at
DS-3 (44.736 Mbps) bandwidth and below (Private Line services) in the Service Areas. VSSI describes
its Private Line services as long distance point-to-point communications channels that offer voice, video
and data services over non-switched, non-usage sensitive dedicated facilities. VSSI explains that it
provides these services between its Points of Presence, and that the services offer two-way simultaneous
transmission at various bandwidths that the customer can select. VSSI states, however, that it plans to
discontinue these services because demand is declining as the marketplace moves to next generation
technologies that provide higher bandwidths, a wider range of applications and greater value. In its notice
to customers, VSSI specifies that the Private Line services it plans to discontinue include the following
services as referenced in VSSI’s product guide: Long Distance Private Line Service, Long Distance
Private Line Service II, Direct Line Service, Digital Private Line Service II and Global Private Line
Service. VSSI also specifies that, on or after November 21, 2012 and subject to Commission
authorization, it plans to no longer offer its Private Line services to the public subject to certain
grandfathering restrictions. VSSI explains that, on or after November 21, 2012, existing customers will
be able to retain their service in accordance with the terms and conditions of their existing contracts, but
VSSI plans to no longer accept new orders or orders for moves, adds, or changes to existing Private Line
services except as required by contract. VSSI further explains that, upon expiration of existing contracts,


1 The application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau
on September 26, 2012. By Public Notice dated October 10, 2012, the Commission notified the public that, in
accordance with 47 C.F.R. § 63.71(c), Verizon Business’s application would be deemed to be automatically granted
on the 31st day after the release date of the notice, unless the Commission notifies Verizon that the grant will not be
automatically effective. Comments Invited on Application of Verizon Select Services Inc. to Discontinue Domestic
Telecommunications Services
, Public Notice, WC Docket No. 12-298, DA 12-1619 (WCB October 10, 2012).
Accordingly, the automatic grant date for Verizon Business’s application would have been November 10, 2012.

it will ask customers to transition to alternative services, but it will continue to provide Private Line
services on a month-to-month basis as remaining customers transition, until it discontinues the services
entirely. VSSI maintains that the public convenience and necessity will not be impaired by the proposed
discontinuance because VSSI’s affiliates will continue to provide newer, more advanced alternatives like
Private IP and Ethernet, and many other providers offer similar services. VSSI indicates that it notified
affected customers of the proposed discontinuance by letters sent via first class U.S. mail on
September 21, 2012. VSSI states that it is considered non-dominant with respect to the services to be
discontinued.
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.
Where there is question as to whether a service has reasonable substitutes or whether the present or future
public convenience and necessity will be adversely affected, the Commission will scrutinize the
discontinuance application, consistent with its statutory obligations.2 We find that the public interest will
not be served by automatic grant of VSSI’s application. Therefore, by this Public Notice, VSSI is
notified that its application to discontinue domestic telecommunications services will not be granted
automatically.3 We emphasize that our removal of VSSI’s application from the automatic grant process
should not be construed as a final determination on the merits of VSSI’s request for authority to
discontinue service.
This proceeding is considered a “permit but disclose” proceeding for purposes of the
Commission’s ex parte rules.4 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.


2 See 47 U.S.C. § 214(a); 47 C.F.R. § 63.71; see also Policy and Rules Concerning Rates for Competitive Common
Carrier Services and Facilities Authorizations Therefor
, First Report and Order, CC Docket No. 79-252, 85 FCC 2d
1, 49 (1980) (Competitive Carrier First Report and Order) (“we have retained the right to delay grant of a
discontinuance authorization if we believe an unreasonable degree of customer hardship would result.”); Federal
Communications Comm’n v. RCA Communications, Inc.
, 346 U.S. 86, 90 (1953). See, e.g., AT&T Application to
Discontinue Interstate Sent-Paid Coin Service Not Automatically Granted
, Public Notice, NSD File No. W-P-D-497
(Aug. 3, 2001).
3 See 47 C.F.R. § 63.71(c) (“The application to discontinue . . . shall be automatically granted on the 31st day . . .
unless the Commission has notified the applicant that the grant will not be automatically effective.”)
4 47 C.F.R. §§ 1.1200 et seq.
2

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 –
3

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