§  63.71   Procedures for discontinuance, reduction or impairment of service
by domestic carriers.

   Any domestic carrier that seeks to discontinue, reduce or impair
   service shall be subject to the following procedures:

   (a) The carrier shall notify all affected customers of the planned
   discontinuance, reduction, or impairment of service and shall notify
   and submit a copy of its application to the public utility commission
   and to the Governor of the State in which the discontinuance,
   reduction, or impairment of service is proposed, and also to the
   Secretary of Defense, Attn. Special Assistant for Telecommunications,
   Pentagon, Washington, DC 20301. Notice shall be in writing to each
   affected customer unless the Commission authorizes in advance, for good
   cause shown, another form of notice. Notice shall include the
   following:

   (1) Name and address of carrier;

   (2) Date of planned service discontinuance, reduction or impairment;

   (3) Points of geographic areas of service affected;

   (4) Brief description of type of service affected; and

   (5) One of the following statements:

   (i) If the carrier is non-dominant with respect to the service being
   discontinued, reduced or impaired, the notice shall state: The FCC will
   normally authorize this proposed discontinuance of service (or
   reduction or impairment) unless it is shown that customers would be
   unable to receive service or a reasonable substitute from another
   carrier or that the public convenience and necessity is otherwise
   adversely affected. If you wish to object, you should file your
   comments as soon as possible, but no later than 15 days after the
   Commission releases public notice of the proposed discontinuance.
   Address them to the Federal Communications Commission, Wireline
   Competition Bureau, Competition Policy Division, Washington, DC 20554,
   and include in your comments a reference to the §  63.71 Application of
   (carrier's name). Comments should include specific information about
   the impact of this proposed discontinuance (or reduction or impairment)
   upon you or your company, including any inability to acquire reasonable
   substitute service.

   (ii) If the carrier is dominant with respect to the service being
   discontinued, reduced or impaired, the notice shall state: The FCC will
   normally authorize this proposed discontinuance of service (or
   reduction or impairment) unless it is shown that customers would be
   unable to receive service or a reasonable substitute from another
   carrier or that the public convenience and necessity is otherwise
   adversely affected. If you wish to object, you should file your
   comments as soon as possible, but no later than 30 days after the
   Commission releases public notice of the proposed discontinuance.
   Address them to the Federal Communications Commission, Wireline
   Competition Bureau, Competition Policy Division, Washington, DC 20554,
   and include in your comments a reference to the §  63.71 Application of
   (carrier's name). Comments should include specific information about
   the impact of this proposed discontinuance (or reduction or impairment)
   upon you or your company, including any inability to acquire reasonable
   substitute service.

   (b) The carrier shall file with this Commission, on or after the date
   on which notice has been given to all affected customers, an
   application which shall contain the following:

   (1) Caption—“Section 63.71 Application”;

   (2) Information listed in §  63.71(a) (1) through (4) above;

   (3) Brief description of the dates and methods of notice to all
   affected customers;

   (4) Whether the carrier is considered dominant or non-dominant with
   respect to the service to be discontinued, reduced or impaired; and

   (5) Any other information the Commission may require.

   (c) The application to discontinue, reduce or impair service, if filed
   by a domestic, non-dominant carrier, shall be automatically granted on
   the 31st day after its filing with the Commission without any
   Commission notification to the applicant unless the Commission has
   notified the applicant that the grant will not be automatically
   effective. The application to discontinue, reduce or impair service, if
   filed by a domestic, dominant carrier, shall be automatically granted
   on the 60th day after its filing with the Commission without any
   Commission notification to the applicant unless the Commission has
   notified the applicant that the grant will not be automatically
   effective. For purposes of this section, an application will be deemed
   filed on the date the Commission releases public notice of the filing.

   (d) Procedures for discontinuance, reduction or impairment of
   international services are in §  63.19.

   [ 64 FR 39939 , July 23, 1999, as amended at  71 FR 65751 , Nov. 9, 2006;
    73 FR 56741 , Sept. 30, 2008]

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