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Discontinuance Application of XO Communications, LLC

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Released: October 24, 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 12-1718

Released: October 24, 2012

COMMENTS INVITED ON APPLICATION OF XO COMMUNICATIONS, LLC TO

DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 12-313

Comp. Pol. File No. 1059

Comments Due: November 8, 2012

Section 214 Application
Applicant: XO Communications, LLC

On

October 9, 2012, 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 Arizona, California, Colorado, Delaware, the
District of Columbia, Florida, Georgia, Idaho, Illinois, Maryland, Massachusetts, Michigan, Minnesota,
Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee,
Texas, Utah, Virginia and Washington (collectively Service Areas).1 With amendments filed on
October 17, 2012 and October 23, 2012, XO corrected certain deficiencies in its application and updated
the record regarding XO’s operating subsidiaries and the geographic areas of service affected by the
proposed discontinuance. Accordingly, XO’s application is deemed complete as of October 23, 2012.
XO indicates that it currently offers Wholesale Dial, Enterprise Dial and Managed Modem Port
Services (collectively Dial-Up Services) in the Service Areas through its operating subsidiaries, XO
Communications Services, LLC, XO Telecommunications of Nevada, LLC and XO Virginia, LLC
(collectively XO Subsidiaries). XO explains that its Dial-up Services provide subscribers with interstate
domestic dial-up transmission-only services that allow access to ISPs. XO states, however, that it is in
the process of streamlining its product offerings and that it has decided to discontinue its Dial-Up
Services in order to better focus on services most requested by customers. XO specifies that it plans to
discontinue its Dial-Up Services effective November 26, 2012. According to XO, affected customers
should not be harmed by the proposed discontinuance because there are alternative dial-up service
providers and technologically advanced services that perform essentially the same or better functions.
XO maintains that customers should still be able to access ISPs through alternative means including
through other telecommunications carriers as well as through the ISPs themselves. XO indicates that it
provided written notice to affected subscribers by first class mail sent on October 8, 2012. XO states that
it is considered non-dominant with respect to the services to be discontinued.


1 The application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau
on October 12, 2012.

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 its application and notice to
customers, XO indicates that it plans to discontinue its Dial-Up Services effective November 26, 2012.
Accordingly, pursuant to section 63.71(c) and the terms of XO’s application and notice, absent further
Commission action, XO may terminate its Dial-Up Services in the Service Areas on or after

November 26, 2012

. 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

November 8, 2012

. Such comments should refer to

WC Docket No. 12-313 and Comp. Pol. File
No. 1059

. 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
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


2 47 C.F.R. §§ 1.1200 et seq.
2

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 –
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