**PUBLIC NOTICE**

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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

> **DA 04-58**

###  January 13, 2004

> COMMENTS INVITED ON APPLICATION OF VIVA TELECOM, L.L.C. TO DISCONTINUE
> DOMESTIC TELECOMMUNICATIONS SERVICES
>
> WC Docket No. 04-5

# Comp. Pol. File No. 668

**Comments Due: January 27, 2004**

## Section 214 Application

## Applicant: Viva Telecom, L.L.C.

> On **December 18, 2003, Viva Telecom, L.L.C.** (Viva Telecom or
> Applicant), located at **1844 South 3850 West, Suite A, Salt Lake
> City, Utah 84104,** 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 domestic
> telecommunications services in the United States.
>
> The application indicates that Viva Telecom is a limited liability
> company organized under the laws of the state of Utah, and that it
> provides domestic long distance services throughout the United States.
> Viva Telecom states that it is non-dominant with respect to these
> services. Viva Telecom indicates that it does not have any customers,
> and that it plans to discontinue service as soon as the necessary
> governmental approval can be obtained.
>
> 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 (31^st^) day after the release date of this notice,
> unless the Commission has notified Viva Telecom that the grant will
> not be automatically effective. Accordingly, pursuant to section
> 63.71(c), absent further Commission action, Viva Telecom may not
> terminate service until February 13, 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 **January 27, 2004**. Such comments
> should refer to **WC Docket No. 04-5 and Comp. Pol. File** **No.
> 668.** 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. If multiple docket or
> rulemaking numbers appear in the caption of this proceeding, however,
> commenters must transmit one electronic copy of the comments to each
> docket or rulemaking number referenced in the caption. 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. If more than one docket or rulemaking number
> appears in the caption of this proceeding, commenters must submit two
> additional copies for each additional docket or rulemaking number. 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**](mailto:carmell.weathers@fcc.gov), or
> Rodney McDonald, (202) 418-0866 (voice),
> **[rodney.mcdonald@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>.**

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