> **DA 07-3417**

**July 26, 2007**

> **COMMENTS INVITED ON APPLICATION OF PAC-WEST TELECOMM, INC. TO
> DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES**
>
> **WC Docket No. 07-156**
>
> **Comp. Pol. File No. 812**
>
> **Comments Due: August 10, 2007**

**Section 214 Application**

**Applicant: Pac-West Telecomm, Inc.**

On **July 24, 2007, Pac-West Telecomm, Inc.** (Pac-West or Applicant),
located at **4210 Coronado Avenue, Stockton, CA 95204**, 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 its
provision of certain domestic telecommunications services in Alabama,
Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana,
Kansas, Kentucky, Maryland, Michigan, Minnesota, Mississippi, Missouri,
New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island,
South Carolina, Tennessee, Texas, Virginia and Wisconsin (collectively,
the Exit Markets).

Pac-West indicates that it provides domestic interstate
telecommunications services pursuant to blanket domestic 214 authority
granted by the Commission. Pac-West further states that it is authorized
to provide local exchange and interexchange service in 34 states and the
District of Columbia, and that its subsidiary, Pac-West Telecomm of
Virginia, Inc., is authorized to provide local exchange and
interexchange service in Virginia. Pac-West represents, however, that on
April 30, 2007, it filed for protection under Chapter 11 of the U.S.
Bankruptcy Laws in the U.S. Bankruptcy Court for the District of
Delaware (Case No. 07-10562). Pac-West states that the markets served by
its eastern network are likely to operate at a substantial loss for the
foreseeable future and that these losses are unsustainable. Pac-West
further states that if it continues to try to provide service to both
its eastern and western regions, it will be unable to successfully
reorganize and emerge from bankruptcy, and could thus risk
discontinuance of service to all of its customers. Consequently,
Pac-West asserts that, as a result of its bankruptcy filing, it now must
seek authority from the Commission to discontinue all telecommunications
services to its customers in the Exit Markets on or about August 23,
2007. Pac-West maintains that the proposed discontinuance will affect
approximately 72 service provider customers that receive various
telecommunications services from Pac-West, including but not limited to
inbound and outbound customer public switched telephone network access,
collocation, foreign exchange, and managed modem services. Pac-West
asserts that the affected service provider customers consist of Internet
service providers, enhanced service providers and Voice over Internet
Protocol (VoIP) providers that all tend to use multiple and redundant
underlying carriers for their telecommunications services. Pac-West also
states that, at this time, it intends to continue operating in states
unaffected by this application. Pac-West indicates that it notified all
affected customers of its proposed discontinuance by letters mailed on
July 24, 2007. Finally, Pac-West 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,
Pac-West's application will be deemed to be automatically granted on the
thirty-first (31st) day after the release date of this public notice,
unless the Commission notifies Pac-West that the grant will not be
automatically effective. Accordingly, pursuant to section 63.71(c),
absent further Commission action, Pac-West may terminate service to its
affected customers on **August 26, 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 **August 10, 2007**. Such comments should refer to **WC
Docket No. 07-156 and Comp. Pol. File No. 812**. 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. 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) 418-1413, 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**.