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Discontinuance Application Of XO Communications, LLC

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Released: April 26, 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 13-953

Released: April 26, 2013

COMMENTS INVITED ON APPLICATION OF XO COMMUNICATIONS, LLC TO

DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 13-110

Comp. Pol. File No. 1098

Comments Due: May 13, 2013

Section 214 Application
Applicant: XO Communications, LLC

On

April 9, 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 Arizona, California, Idaho, Illinois, Kansas,
Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania,
Texas, Virginia and Washington (collectively, Service Areas). With amendments filed on April 25, 2013
and April 26, 2013, XO corrected certain deficiencies in its application and updated the record regarding
revised notice to customers and the specific services subject to the proposed discontinuance.
Accordingly, XO’s application is deemed complete as of April 26, 2013.
XO indicates that it currently offers certain interstate dial-up services including Consumer Dial
and Corporate Dial services (collectively, Dial-Up Services). XO describes Consumer Dial and
Corporate Dial as services that provide standalone dial-up service in addition to email service and website
services as applicable. XO explains that it offers these services in the Service Areas through its operating
subsidiaries, XO Communications Services, LLC and XO Virginia, LLC. XO asserts, however, that it is
in the process of streamlining its product offerings and has decided to discontinue its Dial-Up Services to
better focus on those services most requested by its customers. Accordingly, XO states that it plans to
discontinue its provision of Dial-Up Services in the Service Areas effective May 29, 2013. XO clarifies
that, for these service offerings, XO will be discontinuing the transmission component of the service but
that the information component of the service will continue to be provided. XO maintains that the
proposed discontinuance will not harm affected customers because there are other alternative dial-up
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 sent written notice to affected customers by first class mail on April 3, 2013, and that it sent a revised
customer notice by first class mail on April 17, 2013, in accordance with the requirements of section
63.71 of the Commission’s rules. 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 its application, XO
indicates that it plans to discontinue the transmission component of the Dial-Up Services in the Service
Areas effective May 29, 2013. Accordingly, pursuant to section 63.71(c) and the terms of XO’s
application, absent further Commission action, XO may terminate the transmission component of the
Dial-Up Services in the Service Areas on or after

May 29, 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 13,

2013. Such comments should refer to

WC Docket No. 13-110 and Comp. Pol. File No. 1098

.
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


1 47 C.F.R. §§ 1.1200 et seq.
2

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 –
3

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