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Discontinuance Application Of XO Communications, LLC

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Released: December 21, 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 12-2077

Released: December 21, 2012

COMMENTS INVITED ON APPLICATION OF XO COMMUNICATIONS, LLC TO

DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 12-371

Comp. Pol. File No. 1074

Comments Due: January 7, 2013

Section 214 Application
Applicant: XO Communications, LLC

On

December 7, 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 Alabama, Arizona, California, Colorado,
Connecticut, Delaware, the District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North
Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, Wisconsin and Wyoming (collectively Service Areas).1 With an
amendment filed on December 18, 2012, XO corrected certain deficiencies in its application and updated
the record regarding the geographic areas of service affected by the proposed discontinuance and the
service of notice to state entities. Accordingly, XO’s application is deemed complete as of December 18,
2012.
XO indicates that it currently offers Consumer Dial and Corporate Dial services (collectively
Dial-Up Services) in the Service Areas through certain operating subsidiaries including XO
Communications Services, LLC, XO Telecommunications of Nevada, LLC and XO Virginia, LLC. XO
explains that its Dial-Up Services provide standalone dial up service in addition to e-mail service, and that
its Corporate Dial service also provides website services. XO specifies that it provides the transmission
as well as the e-mail and web services and operates as an internet service provider (ISP) for these Dial-Up
Services. 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 indicates that it plans to discontinue its Dial-Up Services in the Service Areas effective
January 21, 2013. XO maintains that it is discontinuing the transmission component of these services, but
that the information service component of the services will be migrated to a new platform. According to
XO, affected customers should not be harmed by the proposed discontinuance because there are


1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application
on December 14, 2012.

alternative dial-up service providers and technologically advanced services that perform essentially the
same or better functions. XO asserts that customers should be able to obtain alternative means to the
transmission component from other telecommunications carriers and ISPs. XO indicates that it provided
written notice by first class mail to most of its affected subscribers in accordance with section 63.71(a) of
the Commission’s rules during the week ending November 30, 2012. XO explains, however, that many
of its affected customers have elected to have their monthly service charges paid automatically and have a
preference for e-mail correspondence. XO asserts that it does not have current physical mailing addresses
for a small number of these subscribers, so these affected subscribers were notified by e-mail during the
week ending November 30, 2012. XO states that it is considered non-dominant with respect to the
services to be discontinued.
We seek comment on XO’s proposed discontinuance of service, including the steps it has taken to
notify customers, given the particular circumstances in this case and in light of the notification procedures
prescribed in section 63.71(a) of the Commission’s rules. 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 January 21, 2013. 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

January 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

January 7, 2013

. Such comments should refer to

WC Docket No. 12-371 and Comp. Pol. File
No. 1074

. 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
2

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
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 –


2 47 C.F.R. §§ 1.1200 et seq.
3

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