[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR63.71]

[Page 253-254]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 63_EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, REDUCTION, 
OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF 
RECOGNIZED PRIVATE OPERATING AGENCY STATUS--Table of Contents
 
Sec. 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 within 15 days after receipt of this notification. Address 
them to the Federal Communications Commission, Washington, DC 20554, 
referencing the Sec. 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

[[Page 254]]

within 30 days after receipt of this notification. Address them to the 
Federal Communications Commission, Washington, DC 20554, referencing the 
Sec. 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 Sec. 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.

[64 FR 39939, July 23, 1999]