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**PUBLIC NOTICE**

**Federal Communications Commission**

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

**Washington, D.C. 20554**

> **DA 04-2597**

**August 20, 2004**

> COMMENTS INVITED ON APPLICATION OF
>
> ICG TELECOM GROUP, INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS
> SERVICES
>
> WC Docket No. 04-322

# Comp. Pol. File No. 690

**Comments Due: September 3, 2004**

## Section 214 Application

## Applicant: ICG Telecom Group, Inc.

> On **August 16, 2004, ICG Telecom Group, Inc.** (ICG or Applicant),
> located at **161 Inverness Drive West, Englewood, CO 80112,** 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 long distance services to one customer in Illinois. ICG
> indicates that it previously filed a discontinuance application
> related to its present plans to discontinue service, but that in the
> present application it seeks authority to discontinue service to one
> additional customer. *See Section 63.71 Application of ICG Telecom
> Group, Inc. and ICG Telecom Group of Virginia, Inc., for Authority to
> Discontinue Service in Certain States*, WC Docket No. 04-310
> (submitted July 28, 2004). ICG further indicates that it is separately
> seeking Commission approval for a transfer of control involving ICG
> and its corporate parent. *See Application of MCCC ICG Holdings, LLC,
> and ICG Communications, Inc., and Its Operating Subsidiaries, for
> Grant of Authority Pursuant to Section 214 of the Communications Act
> of 1934 and Sections 63.04 and 63.18 of the Commission's Rules to
> Complete a Transfer of Control of Authorized International and
> Domestic Interstate Carriers*, WC Docket No. 04-290 (submitted July
> 21, 2004).
>
> ICG proposes to discontinue the provision of long distance service to
> one customer located in Illinois, as part of a business plan designed
> to maintain the companies' long-term profitability. ICG indicates that
> the affected customer was inadvertently excluded from ICG's previous
> section 63.71 application because ICG had not yet provided the
> customer with notice of the proposed discontinuance. ICG states that
> it has since notified the affected customer of the proposed
> discontinuance by sending written notice on August 13, 2004. ICG
> requests permission to discontinue service to this customer on
> September 13, 2004, or as soon thereafter as regulatory approval has
> been obtained.
>
> In accordance with section 63.71(c) of the Commission's rules, ICG's
> application will be deemed to be granted automatically on the
> thirty-first (31st) day after the release date of this public notice,
> unless the Commission notifies ICG that the grant will not be
> automatically effective. Accordingly, pursuant to section 63.71(c),
> absent further Commission action, ICG may not terminate service until
> September 20, 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 **September 3, 2004**. Such comments
> should refer to **WC Docket No. 04-322 and Comp. Pol. File** **No.
> 690.** 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, Best Copy and Printing, Inc., 445 12^th^
> 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>.**
>
> For further information, contact Carmell Weathers, (202) 418-2325
> (voice), **carmell.weathers@fcc.gov**, or Rodney McDonald, (202)
> 418-7513 (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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