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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12th  St.,  S.  W.  Washington,  D.  C.  20554 
 DA  02-  51 
 January  10,  2002 


 COMMENTS  INVITED  ON  FAIRPOINT  COMMUNICATIONS  SOLUTIONS 
 CORP.  APPLICATION  TO  DISCONTINUE  DOMESTIC 
 TELECOMMUNICATIONS  SERVICES 


 NSD  File  No.  W-  P-  D-  549 
 Comments  Due:  January  25,  2002 
 Section  214  Application 
 Applicant:  FairPoint  Communications  Solutions  Corp. 


 On  December  13,  2001,  FairPoint  Communications  Solutions  Corp  (FairPoint  or 
 Applicant),  located  at  6324  Fairview  Road,  4  th  Floor,  Charlotte,  NC  28210,  filed  an 
 application  with  the  Federal  Communications  Commission  (FCC  or  Commission),  requesting 
 authority  under  section  214(  a)  of  the  Communications  Act  of  1934,  47  U.  S.  C.    214(  a),  and 
 section  63.71  of  the  Commission's  rules,  47  C.  F.  R.    63.71,  to  discontinue  its  domestic 
 telecommunications  services. 


 The  application  indicates  that  FairPoint  seeks  authority  to  discontinue  providing  resold 
 local  exchange  service  to  its  Verizon-  territory  customers  in  Texas.  The  application  states  that 
 FairPoint  is  a  competitive  local  exchange  carrier  (CLEC)  authorized  to  provide  resold  and 
 facilit  ies-  based  local  exchange,  local  toll,  and  long  dist  ance  services  to  business  and  resident  ial 
 customers  in  multiple  states  nationwide,  including  Texas.  Since  receiving  its  local  exchange 
 and  long  dist  ance  aut  horizat  ion  from  the  Texas  Public  Ut  ilit  y  Commission,  Applicant  st  at  es 
 that  it  has  exclusively  served  small  to  medium-  sized  business  customers.  In  Texas,  FairPoint 
 explains  that  it  provides  local  services  predominantly  on  a  resale  basis,  and  that  it  provides  these  services  to  approximately  fifty-  five  (55)  customers  in  Texas  utilizing  Verizons  facilities. 


 The  application  indicates  that  FairPoint  has  re-  evaluated  its  business  plan,  and  concluded 
 that  it  is  in  its  best  interest  to  eliminate  its  retail  service  offerings  in  Texas.  Applicant  states  that 
 it  intends  to  focus  its  attention  and  financial  resources  exclusively  on  providing  wholesale, 
 carrier-  to-  carrier  services  to  independent  telephone  companies  and  other  CLECs.  FairPoint 
 explains  that  it  intends  to  continue  to  market  and  provide  resold  wholesale,  carrier-  to-  carrier 
 long  distance  services  in  Texas.  Applicant  states  that  its  request  to  withdraw  from  these  local 
 resale  markets  is  a  strategic  business  decision  that  is  based  on  its  plans  for  future  growth  in  the 
 wholesale  sector. 


 News  media  information  202  /  418-  0500 
 Fax-  On-  Demand  202  /  418-  2830 
 Internet:  http://  www.  fcc.  gov 
 TTY  202  /  418-  2555 
1
 FairPoint  's  applicat  ion  st  at  es  it  is  in  a  st  rong  financial  posit  ion  t  o  help  ensure  t  hat  it  s  current 
 customers  transition  to  other  local  service,  local  toll  service,  and  long  distance  service 
 providers.  The  application  indicates  that  FairPoint  has  developed  a  comprehensive,  two-  step 
 cust  omer  not  ificat  ion  plan  that  will  ensure  that  its  cust  omers  have  ample  not  ice  of  FairPoint  s 
 plans  and  sufficient  time  to  select  new  carriers.  Applicant  also  states  that  it  has  provided  all 
 affected  customers  with  notice  of  the  proposed  discontinuance,  as  required  by  Commission 
 rules.  1 


 In  accordance  with  47  C.  F.  R.    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.  The  FCC 
 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  is  otherwise  adversely  affected. 


 This  proceeding  is  considered  a  "permit  but  disclose"  proceeding  for  purposes  of  the 
 Commission's  ex  parte  rules.  2  Comment  s  object  ing  t  o  this  applicat  ion  must  be  filed  wit  h  the 
 Commission  by  January  25,  2002.  Such  comments  should  refer  to  application  file  number  W-P- 
 D-  549.  Comments  should  include  specific  information  about  the  impact  of  this  proposed 
 discont  inuance  on  t  he  comment  er,  including  any  inabilit  y  to  acquire  reasonable  subst  it  ut  e 
 service.  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  Network  Services  Division,  Common  Carrier 
 Bureau,  Federal  Communications  Commission,  445  12  th  Street,  SW,  Room  6-  A207, 
 Washington,  DC  20554,  Attention:  Carmell  Weathers.  Comments  should  also  be  served  upon 
 Applicant.  In  addition,  Commenters  are  requested  to  fax  their  comments  to  the  Commission, 
 attn:  Jon  Minkoff,  at  (202)  418-  2345. 


 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 
 Commissions  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  Jon  Minkoff  (202)  418-  2353  (voice),  jminkoff@  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  See  47  C.  F.  R.    63.71(  a)(  5)(  i). 
 2  See  generally  47  C.  F.  R.    1.1200  -  1.1216. 
2