**PUBLIC NOTICE**

> ![](media/image1.png){width="0.6541666666666667in"
> height="0.6604166666666667in"}

**Federal Communications Commission**

> **445 12th St., S.W.**

**Washington, D.C. 20554**

> **DA 04-1344**

**May 12, 2004**

> COMMENTS INVITED ON APPLICATION OF AVAYA, INC.
>
> (SUCCESSOR-IN-INTEREST TO EXPANETS OF NORTH AMERICA LLC D/B/A/
> INTEGRATED SYSTEMS CORPORATION) TO DISCONTINUE DOMESTIC
> TELECOMMUNICATIONS SERVICES
>
> WC Docket No. 04-167

# Comp. Pol. File No. 682

**Comments Due: May 26, 2004**

## Section 214 Application

## Applicant: Avaya, Inc. (Successor-in-Interest to Expanets of North America LLC d/b/a/ Integrated Systems Corporation)

> On **April 29, 2004, Avaya, Inc. (Successor-in-Interest to Expanets of
> North America LLC d/b/a/ Integrated Systems Corporation)** (Avaya or
> Applicant), located at **125 South Dakota Avenue, Suite 1100, Sioux
> Falls, South Dakota 57104,** filed an application with the Federal
> Communications Commission (FCC or Commission) requesting authority,
> under section 214(a) of the Communications Act of 1934, as amended, 47
> U.S.C. § 214(a), and section 63.71 of the Commission's rules, 47
> C.F.R. § 63.71, to discontinue the provision of resold interstate toll
> services in the state of Oklahoma. By an amendment filed May 11, 2004,
> Avaya corrected certain deficiencies in its initial application.
> Accordingly, the application is deemed complete and officially filed
> with the Commission on May 11, 2004.
>
> Avaya states that it seeks to discontinue the provision of resold
> interstate toll services to approximately 80 customers in Oklahoma.
> Avaya plans to discontinue these services as of June 12, 2004, or as
> soon thereafter as the necessary governmental approval can be
> obtained. Avaya indicates that its customers were notified in writing
> of Avaya's plans to discontinue service by a letter dated May 11,
> 2004. Avaya further indicates that it is non-dominant with respect to
> the services it seeks to discontinue and that customers will continue
> to have numerous options to receive service from alternative service
> providers.
>
> In accordance with section 63.71(c) of the Commission's rules, the
> application will be deemed to be automatically granted on the
> thirty-first (31st) day after the release date of this notice, unless
> the Commission has notified the Applicant that the grant will not be
> automatically effective. Accordingly, pursuant to section 63.71(c),
> absent further Commission action, Avaya may not terminate service
> until June 12, 2004. The Commission will normally 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 **May 26, 2004**. Such comments
> should refer to **WC Docket No. 04-167 and Comp. Pol. File** **No.
> 682.** 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 Fed. Reg. 24121 (1998). Comments filed
> through the ECFS can be sent as an electronic file via the Internet to
> \<http://www.fcc.gov/e-file/ecfs.html\>. Generally, only one copy of
> an electronic submission must be filed. In completing the transmittal
> screen, commenters 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, commenters should send
> e-mail to ecfs@fcc.gov, and should include the following words in the
> subject line "get form \<your e-mail address\>." A sample form and
> directions will be sent in reply.
>
> Parties who choose to file by paper must send an original and four (4)
> copies of the comments to the Office of the Secretary, Federal
> Communications Commission, 445 12^th^ Street, S.W., Room TW-A325,
> Washington, D.C. 20554. Two (2) copies of the comments should also be
> sent to the Competition Policy Division, Wireline Competition Bureau,
> Federal Communications Commission, 445 12^th^ Street, S.W., Room
> 6-A207, 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) 418-2345,
> Attention: Carmell Weathers.
>
> Filings can be sent by hand or messenger delivery, by commercial
> overnight courier, or by first-class or overnight U.S. Postal Service
> mail (although we continue to experience delays in receiving U.S.
> Postal Service mail). The Commission's contractor, Natek, Inc., 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. The filing hours at this location are 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 Mail, and Priority Mail should be addressed
> to 445 12th Street, S.W., Washington, D.C. 20554. All filings must be
> addressed to the Commission's Secretary, Office of the Secretary,
> Federal Communications Commission.
>
> The application will be available for review and copying during
> regular business hours at the FCC Reference Center, Portals II, 445
> 12^th^ Street, S.W., Room CY-A257, Washington, D.C. 20554, (202)
> 418-0270. A copy of the application may also be purchased from the
> Commission's copy contractor, Qualex International, Portals II, 445
> 12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554, telephone
> (202) 863-2893, facsimile (202) 863-2898, or via e-mail at
> **qualexint@aol.com.**
>
> For further information, contact Carmell Weathers, (202) 418-2325
> (voice), **carmell.weathers@fcc.gov**, or Denise Coca, (202) 418-0574
> (voice), **[denise.coca@fcc.gov]{.underline}**, 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.**

-FEDERAL COMMUNICATIONS COMMISSION-