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Section 214 Application TW Telecom of Oklahoma LLC

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Released: March 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 13-554

Released: March 26, 2013

COMMENTS INVITED ON APPLICATION OF TW TELECOM OF OKLAHOMA LLC

TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 13-82

Comp. Pol. File No. 1092

Comments Due: April 10, 2013

Section 214 Application
Applicant: tw telecom of oklahoma llc

On

March 11, 2013, tw telecom of oklahoma llc

(TW Telecom or Applicant), located at 10475

Park Meadows Drive, Littleton, CO 80124

, 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 Oklahoma.
TW Telecom indicates that it currently offers Complete Dynamic ATM service in the Tulsa,
Oklahoma metropolitan area (Service Area). According to TW Telecom, Complete Dynamic ATM
service is a flexible bandwidth bundled service consisting of local exchange service with selected
features, a long distance and/or toll free usage allowance of 2,500 minutes, shared web hosting and
Internet access. TW Telecom explains, however, that the equipment used to provision this service is no
longer supported in its current product portfolio. TW Telecom states that it, therefore, plans to remove
the outdated equipment from its network and discontinue offering this service in the Service Area on or
after April 26, 2013, subject to Commission approval. TW Telecom maintains that the public
convenience and necessity will not be adversely affected by the proposed discontinuance because all
affected customers have been given notice that affords them ample time to acquire reasonable substitute
services readily available in the Service Area. For example, in its notice letter, TW Telecom offers to
migrate affected customers to its Converged Services platform which allows customers to fully integrate
Voice (analog lines, PRI, digital trunks) with data (VPN) and/or Internet and Security services on a single
connection. TW Telecom asserts that it mailed notice of the proposed discontinuance to affected
customers via U.S. mail on March 11, 2013. TW Telecom states that it is considered non-dominant with
respect to the service to be discontinued.
In accordance with section 63.71(c) of the Commission’s rules, TW Telecom’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 TW Telecom that the grant will not be automatically effective. In the
application and notice to customers, TW Telecom indicates that it plans to discontinue Complete
Dynamic ATM service in the Service Area on or after April 26, 2013, subject to Commission approval.
Accordingly, pursuant to section 63.71(c) and the terms of TW Telecom’s application and notice, absent
further Commission action, TW Telecom may terminate Complete Dynamic ATM service in the Service

Area on or after

April 26, 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

April 10, 2013

. Such comments should refer to

WC Docket No. 13-82 and Comp. Pol. File No. 1092

.
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
proceedings governed by rule 1.49(f) or for which the Commission has made available a method of


1 47 C.F.R. §§ 1.1200 et seq.
2

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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