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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 01-1448**

> **June 18, 2001**
>
> TIME WARNER TELECOM INC. DISCONTINUANCE OF SERVICE

# NSD File No. W-P-D-493

## Section 214 Application

## Applicant: Time Warner Telecom, Inc.

> On May 16, 2001, Time Warner Telecom Inc. (Time Warner) filed an
> application requesting authority under section 214(a) of the
> Communications Act of 1934, 47 U.S.C. § 214(a), and section 63.71 of
> the Federal Communications Commission\'s (Commission) rules, 47 C.F.R.
> § 63.71, to discontinue the provision of certain domestic services to
> approximately 500 customers formerly served by GST Telecommunications,
> Inc. (GST), in Arizona, California, Colorado, Idaho, New Mexico, New
> York, Ohio, Oregon, Texas, Utah, Virginia, Washington, and Wyoming.
>
> The application states that Time Warner acquired substantially all of
> the assets of GST on January 10, 2001, pursuant to a sale approved by
> the United States Bankruptcy Court for the District of Delaware.[^1]
> The application also states that the Bankruptcy Court afforded the
> parties 120 days to designate which customer connection arrangements
> and which customer contracts would be assumed by Time Warner and which
> would be considered to be Excluded Contracts. After Time Warner
> completed its review of customer contracts, it notified certain former
> GST customers in writing by letter dated April 2, 2001, in accordance
> with the notice requirements of section 63.71(a)(5)(i), that it would
> not be serving those customers and that it would terminate service to
> those customers on May 12, 2001. Following receipt of the April 2,
> 2001 notice from Time Warner, some customers contacted the Commission
> to protest disconnection of their services.[^2]
>
> The application states that service to customers was not terminated on
> May 12, 2001, as initially proposed. The application further states
> that Time Warner will engage in a "soft disconnect" for three days
> (that is, switches will be programmed not to originate or terminate
> calls but can be reprogrammed to resume service), that Time Warner
> commits to working with any additional customers who may report
> service disruption during the soft disconnect period to provide
> adequate opportunity to make arrangements for alternative service, and
> that no customer's ability to obtain service will be impeded by Time
> Warner. Subsequently, Time Warner provided a contact person for all
> customers who responded to the April 2, 2001 notice, and those
> customers have obtained service from an alternative provider or have
> been assured of continued service by Time Warner until they obtained
> service from an alternative provider.[^3]
>
> Under section 63.71(c) of the Commission\'s rules, an application to
> discontinue service is automatically granted on the 31st day after the
> release date of this notice without any Commission notification to the
> applicant, unless prior to that date the Commission has notified the
> applicant that the grant will not be automatically effective. The
> application includes a request for waiver of the 31-day requirement.
> The Commission normally authorizes 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. In this instance, as described above, customers have
> received more than 40 days advance written notice and have obtained
> alternative service, and Time Warner is taking additional steps to
> further assure that service will not be discontinued to any customer.
> It is apparent that this application would have been automatically
> granted by now if it had been filed when Time Warner provided written
> notice to its customers, on April 2, 2001. Accordingly, the applicant
> is hereby notified that its application is granted, effective on the
> date of release of this notice.
>
> The application is 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, International Transcription Service, Inc. (ITS), 1231
> 20^th^ Street, NW, Washington, DC 20036, telephone 202-857-3800,
> facsimile 202-857-3805, TTY 202-293-8810.
>
> For further information, contact Carmell Weathers, (202) 418-2325
> (voice), **<cweather@fcc.gov>,** or Marty Schwimmer (202) 418-2320
> (voice), **<mschwimm@fcc.gov>,** of the Network Services Division,
> Common Carrier Bureau. The TTY number is (202) 418-0484. For further
> information on procedures regarding Section 214 please visit the
> Network Services Division web site at:
> **<http://www.fcc.gov/ccb/nsd/documents/214.html>.**
>
> **-FEDERAL COMMUNICATIONS COMMISSION-**

[^1]:
    > GST had been granted authority to discontinue service to its
    > customers, effective December 30, 2000. *Comments Invited On
    > Application Of GST Telecommunications, Inc. And Its Subsidiaries
    > To Discontinue Domestic Services*, Public Notice, DA 00-472 (Com.
    > Car. Bur. rel. Nov. 29, 2000).

[^2]:
    > In response to Time Warner's April 2, 2001 notice, the
    > Commission's Common Carrier Bureau and Consumer Information Bureau
    > received inquiries and objections from Schaumann Communications
    > Services, Inc. (CA), Vista Voice and Data, Inc. (AZ), Radisson
    > Hotel Santa Barbara (CA), and The Gallery Golf Club (AZ).

[^3]:
    > Time Warner's counsel has confirmed that Time Warner has attempted
    > to reach all affected customers by telephone, that it has been
    > successful in reaching all but 6 customers, and that only those 6
    > customers are scheduled for "soft disconnection.\" All other
    > customers either will remain Time Warner customers and continue to
    > receive service from Time Warner (168 customers), or have received
    > temporary extensions of service from Time Warner for mutually
    > agreed upon durations to afford them additional time to make
    > service arrangements with other carriers (286 customers).