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Comments invited on application of Cypress Communications Operating Company, LLC to discontinue domestic telecommunications services

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Released: December 15, 2009

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: https://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 09-2599

Released: December 15, 2009

COMMENTS INVITED ON APPLICATION OF CYPRESS COMMUNICATIONS

OPERATING COMPANY, LLC TO DISCONTINUE DOMESTIC

TELECOMMUNICATIONS SERVICES

WC Docket No. 09-224

Comp. Pol. File No. 922

Comments Due: December 30, 2009

Section 214 Application
Applicant: Cypress Communications Operating Company, LLC

On

December 3, 2009, Cypress Communications Operating Company, LLC

(Cypress or
Applicant), located at 4 Piedmont Center, Suite 600, 3565 Piedmont Road, Atlanta, GA 30305, 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 the provision of certain domestic
telecommunications services in Pennsylvania.
Cypress indicates that it is a leading provider of bundled telecommunications services to small
and medium-sized businesses located in multi-tenant commercial office buildings in major metropolitan
markets in the United States. Specifically, Cypress states that it currently offers its customers integrated
service bundles that include local, long distance, and international telecommunications services; high
speed Internet connectivity; e-mail services; fully managed firewall services; web hosting; virtual private
networks; feature-rich digital desktop stations; calling cards; audio and web conferencing; and digital
business television. Cypress indicates that it has identified two customer sites in Pennsylvania where
revenue has been declining for some time. Accordingly, Cypress states that, in an effort to maintain its
operating network in the most efficient manner, it plans to discontinue its provision of voice and data
services to approximately thirty-three customers at these locations in Philadelphia, Pennsylvania.1
Cypress indicates that it plans to discontinue all of these services on or after February 2, 2010, subject to
regulatory approval. Cypress maintains that the proposed discontinuance of services will not result in
harm to the affected customers because numerous CLECs and ILECs in their area will continue to offer
some, if not all, of the services that Cypress plans to discontinue. Cypress indicates that it sent notice of
the proposed discontinuance to all affected customers via first-class U.S. Mail on December 1, 2009.
Cypress states that it is considered non-dominant with respect to the affected services.
In accordance with section 63.71(c) of the Commission’s rules, Cypress’s application will be
deemed to be granted automatically on the 31st day after the release date of this public notice, unless the


1 Discontinuance of international service is governed by 47 C.F.R. § 63.19.

Commission notifies Cypress that the grant will not be automatically effective. In its application and
notice to customers, Cypress indicates that it anticipates discontinuing service on or after February 2,
2010, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of
Cypress’s application and notice, absent further Commission action, Cypress may terminate the affected
domestic telecommunications services in Pennsylvania on or after

February 2, 2010

. 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.
This proceeding is considered a “permit but disclose” proceeding for purposes of the
Commission’s ex parte rules, 47 C.F.R. §§ 1.1200-1.1216. Comments objecting to this application must
be filed with the Commission on or before

December 30, 2009

. Such comments should refer to

WC
Docket No. 09-224 and Comp. Pol. File No. 922

. 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 filed through the ECFS can be sent as an electronic file via
the Internet to https://www.fcc.gov/cgb/ecfs/. 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 may also submit an electronic comment
by Internet e-mail. To get filing instructions for e-mail comments, filers should send an e-mail to
ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form
and directions will be sent in response.
Parties who choose to file by paper must send an original and four copies of the comments to the
Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-A325,
Washington, D.C. 20554. 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.

The
Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the
Commission’s Secretary, at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002
through December 25, 2009

.

However, effective December 28, 2009, the Commission’s contractor
will only receive hand-delivered or messenger-delivered paper filings for the Commission’s
Secretary at the FCC Headquarters building, located at 445 12th Street, S.W., Room TW-A325,
Washington, D.C. 20554

. The filing hours at both locations 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 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 mail, Express, and Priority mail should 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.
The application will be available for public inspection and copying during regular business hours
at the FCC Reference Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C.
2

20554, (202) 418-0270. A copy of the application may also be purchased from the Commission’s
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington,
D.C. 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail at
FCC@BCPIWEB.COM. 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 Christina Parker, (202) 418-2331 (voice), christina.parker@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
https://www.fcc.gov/wcb/cpd/other_adjud.
– FCC –
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