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

**Federal Communications Commission** **445 12th St., S.W.**
**Washington, D.C. 20554**

**DA 02-1678**

**July 12, 2002**

> COMMENTS INVITED ON ACSI LOCAL SWITCHED SERVICES, INC., D/B/A E.SPIRE
> COMMUNICATIONS, INC., APPLICATION TO DISCONTINUE DOMESTIC
> TELECOMMUNICATIONS SERVICES

# Comp. Pol. File No. 594

**Comments Due: July 26, 2002**

## Section 214 Application

## Applicant: ACSI Local Switched Services Inc., d/b/a e.spire Communications, Inc. 

> On **July 3, 2002**, **ACSI Local Switched Services Inc., d/b/a
> e.spire Communications, Inc.**, and its operating affiliates (e.spire
> or Applicant) located at **12975 Worldgate Drive, Herndon, VA 20170**,
> 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,[^1] to discontinue its
> domestic telecommunications services to certain customers in NewYork.
> In a previous application dated June 26, 2002 (Comp. Pol. File No.
> 592, Public Notice DA 02-1577, released July 2, 2002), e.spire advised
> that it was discontinuing service to certain customers in New York and
> all customers in Pennsylvania. Applicant further indicated that some
> customers in New York would be acquired by Thorn Communications LLC
> ("Thorn"). The purpose of the July 3, 2002 application is to advise
> the Commission that Thorn will not acquire any New York customers and
> that e.spire intends to discontinue its present service to them.
> According to the application, e.spire seeks authority to discontinue
> providing integrated local, long distance, international, data and
> Internet services to its 42 small and mid-sized business customers in
> New York, most of whom are either themselves carriers or are ISPs,
> with a handful of business customers.
>
> In light of Thorn's inability to acquire e.spire's New York customers,
> e.spire, pursuant to section 63.71 of the Commission's Rules, sent a
> second notice to the affected customers on July 3, 2002. [^2] This
> notice states that the anticipated date of termination of service will
> be August 3, 2002 or as soon thereafter as all regulatory approvals
> have been obtained. Accordingly, pursuant to the attached copy of the
> notice, e.spire advised its customers of the proposed discontinuance
> of service provided the name of other carriers from whom the customers
> to be disconnected may be able to arrange substitute service on
> mutually acceptable terms.
>
> In accordance with section 63.71(c), 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
> Applicant that the grant will not be automatically effective.[^3] 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.[^4] Pursuant to
> sections 1.415 and 1.419 of the Commission\'s rules, 47 C.F.R. §§
> 1.415, 1.419, interested parties may file comments on or before **July
> 26, 2002**. Such comments should refer to **Comp. Pol. File No. 594**.
> Comments should include specific information about the impact of this
> proposed discontinuance on the commenter, including any inability to
> acquire reasonable substitute service. The original and four (4)
> copies of the comments should be sent to the Office of the Secretary,
> Federal Communications Commission, 445 12^th^ Street, SW, Room
> TW-A325, Washington, DC 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, SW, Room
> 6-A207, Washington, DC 20554, Attention: Carmell Weathers. In
> addition, Comments should be served upon Applicant. Commenters are
> also requested to fax their comments to the FCC at (202) 418-1196,
> Attention: John Adams
>
> 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, Vistronix, 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, SW, 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, SW, Room CY-A257, Washington, DC 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,
> SW, Room CY-B402, Washington, DC, 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), **<cweather@fcc.gov>,** or John Adams (202) 418-0394 (voice),
> **[jkadams@fcc.gov](mailto:mschwimm@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>
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**

[^1]:
    > 47 U.S.C. § 214(a). *See also* 47 C.F.R. § 63.71.

[^2]:
    > The earlier notice indicated that they would be transferred to
    > Thorn.

[^3]:
    > 47 C.F.R. § 63.71(c).

[^4]:
    > *See generally* 47 C.F.R. §§ 1.1200 ‑ 1.1216.