> **DA 07-1554**

**March 30, 2007**

> **COMMENTS INVITED ON APPLICATION OF RCN TELECOM SERVICES, INC. TO
> DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES**
>
> **WC Docket No. 07-60**
>
> **Comp. Pol. File No. 779**
>
> **Comments Due: April 16, 2007**

**Section 214 Application**

**Applicant: RCN Telecom Services, Inc.**

On **February 16, 2007, RCN Telecom Services, Inc.** (RCN or Applicant),
located at **196 Van Buren St., Suite 300, Herndon, VA 20170**, 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 certain domestic telecommunications services in California.
By an amendment filed March 19, 2007, RCN corrected certain deficiencies
in its initial application and updated the record regarding notice to
customers. Accordingly, RCN's application is deemed complete as of March
19, 2007.

RCN indicates that it currently provides local exchange, domestic and
international long distance, and high-speed data transmission services
as part of the "triple play" bundle of telephone, Internet and cable
television services it offers to residential customers in Southern
California. RCN states, however, that it has revised its business plan
and now intends to discontinue its provision of these services in the
cities of Carson and Gardena, California.[^1] According to RCN, the
anticipated date for the proposed discontinuance is May 1, 2007, or as
soon thereafter as the necessary state and federal approvals can be
obtained. RCN maintains that AT&T and Echostar offer a similar combined
service package and that Time Warner is also an alternative provider of
similar services in the affected areas. RCN indicates that it initially
notified affected customers of the proposed discontinuance by letters
mailed on February 7, 2007. RCN maintains that it mailed a subsequent
notice in compliance with section 63.71(a)(5)(i) of the Commission's
rules, 47 C.F.R. § 63.71(a)(5)(i), on March 16, 2007. Finally, RCN
asserts that it is non-dominant with respect to the services it proposes
to discontinue.

In accordance with section 63.71(c) of the Commission's rules, RCN'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 RCN that the grant will not be
automatically effective. In RCN's application and notice to its
customers RCN indicates that it anticipates discontinuing service on May
1, 2007. Accordingly, pursuant to section 63.71(c) and the terms of
RCN's notice and application, absent further Commission action, RCN may
terminate service on **May 1, 2007**. 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 **April 16, 2007**. Such comments should refer to **WC
Docket No. 07-60 and Comp. Pol. File No. 779**. 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
filed through the ECFS can be sent as an electronic file via the
Internet to [http://www.fcc.gov/cgb/ecfs/]{.underline}. Filers should
follow the instructions provided on the website 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 may also submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments, filers
should send an e-mail to [ecfs@fcc.gov]{.underline}, and include the
following words in the body of the message, "get form." A sample form
and directions will be sent in response.

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 12th Street, S.W., Room TW-A325,
Washington, D.C. 20554. 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). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission. The Commission's contractor 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]{.underline}
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, and Priority mail should be addressed to 445
12th Street, S.W., 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 12th Street, S.W., Room 5-C327, 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.

The application will be available for public inspection and copying
during regular business hours at the FCC Reference Center, Portals II,
445 12th 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 duplicating contractor, Best Copy and Printing, Inc., 445
12th 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]{.underline}](mailto:FCC@BCPIWEB.COM). 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 <fcc504@fcc.gov> 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), [carmell.weathers@fcc.gov]{.underline}, or John Adams, (202)
418-0394 (voice), <john.adams@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]: Discontinuance of international service is governed by 47 C.F.R. §
    63.19.