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Discontinuance Application Of TW Telecom Of Kentucky LLC

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Released: September 3, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1855

Released: September 3, 2013



WC Docket No. 13-210

Comp. Pol. File No. 1121

Comments Due: September 18, 2013

Section 214 Application
Applicant: tw telecom of kentucky llc


August 16, 2013, tw telecom of kentucky 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 Kentucky.1
TW Telecom indicates that it currently offers Complete Dynamic ATM service in the Louisville,
Kentucky 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. In its notice letter to customers, TW Telecom explains 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therefore, plans to remove the outdated equipment from its network and discontinue this service in the
Service Area on or after October 4, 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 August 16, 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

1 TW Telecom states that it is also filing notice of the proposed discontinuance with the International Bureau.
Discontinuance of international service is governed by section 63.19 of the Commission's rules. See 47 C.F.R.

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 October 4, 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

October 4, 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

September 18, 2013

. Such comments should refer to

WC Docket No. 13-210 and Comp. Pol. File No.

. 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: 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
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

2 47 C.F.R. 1.1200 et seq.

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 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),, or Gregory Kwan, (202) 418-1191 (voice),, 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

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