20180207ALEC Request to Cancel Certificate.pdf

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Suite 800
1919 Pennsylvania Avenue NW
Washington, DC 20006-3401
Christopher A Cook
202.973.4266 (Tel)
202.973.4499 (Fax\
VIA OVERNIGHT MAIL
February 5,2018
Ms. Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
472West Washington
Boise, lD 83702
RECEIVED
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Aua- r- 09- o t
RE: ALEC, LLC Notice of Discontinuance Applicotion Filed with the FCC and Request to
Cancel CertiJicate
Dear Ms. Hainan:
Pursuant to Rule 20, of the Idaho Public Utilities Commission's Rules,l ALEC, LLC
("ALEC"), through undersigned counsel, submits this Notice to inform the Commission that
ALEC proposes to cease providing telecommunications services in ldaho on or after March 31,
2018, pending receipt of all regulatory approvals. ALEC's only customer is its affiliate
Momentum Telecom Inc. Thus, ALEC requests that the Commission waive any requirement to
provide a formal notice to customers, or to publish notice of the discontinuance,' because such
notice is unnecessary.3 Furtherrnore, ALEC notes that it does not hold any customer deposits or
advance payments.
ALEC also provides notice to the Commission of the Application to Discontinue Service
that it filed with the Federal Communications Commission on January 30,2018. A copy of the
Application is attached.
Questions or inquiries regarding this Notice and Application may be directed to the
undersigned. An extra copy of this notice is enclosed for stamp and return purposes. Please
date-stamp and return in the self-addressed envelope included with this filing.
' Idaho Admin. code g 3l.ol.ol.o2o.
'r.c.$ 62-612.
3 Momentum is fully aware of the discontinuance, and to the extent necessary, Momentum
will purchase services previously provided by ALEC from third-parties. In fact, the actions of
Momentum are the cause of ALEC's proposed discontinuance.
4827 -5355 -247 5v. I 0 I 029 I 2-00000 I
Respectfully submitted,
/s/ Christopher A. Cook
Christopher A. Cook
Counsel to ALEC, LLC
2
4827 -5355 -247 5v. I 0 I 029 I 2-00000 I
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554
In the Matter of
Section 63.71 Application of
ALEC, LLC
File No.
For Authority Pursuant to Section 214 of
The Communications Act of 1934, As
Amended, To Discontinue the Provision of
Service
SECTION 63.71 APPLICATION OF ALEC, LLC
ALEC, LLC ("ALEC") applies for authority under Section zla@) of the
Communications Act, as amended ("the Act") I , and Sectio n 63 .7 I of the Commission' s rules,2 to
discontinue ALEC's provision of interstate access service in Alabama, Arkansas, Florida,
Georgia, Idaho, Illinois, Kentucky, Louisiana, Mississippi, Nevada, North Carolina, Ohio, South
Carolina, Tennessee, Texas, and Wisconsin.
ALEC provides the following information pursuant to Section 63.71 of the Commission's
rules:
1. Name and Corporate Headquarters Address of Caruier
ALEC, LLC
250 W. Main Street, Suite 1920
Lexington, KY 40507
' +z u.s.c. 5 zt+.
' 47 cFR $ 63.7r.
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WC Docket No
Correspondence concerning this Application should be sent to
MichaelC. Sloan
Davis Wright Tremaine LLP
l9l 9 Pennsylvania Ave. NW
Suite 800
Washington, DC 20006-3401
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
2. Date of Planned Service Discontinuonce:
ALEC plans to discontinue the services that are the subject of this Application on or
about March31,2018, pending federaland state regulatory approval.
3. Points of Geographic Areas of Service Affected:
ALEC proposes to discontinue providing service in the following jurisdictions: Alabama,
Arkansas, Florida, Georgia, Idaho, Illinois, Kentucky, Louisiana, Mississippi, Nevada, North
Carolina, Ohio, South Carolina, Tennessee, Texas, and Wisconsin. If the Application is granted,
ALEC will no longer provide service anywhere in the United States.
4. Brief Description of Types of Service Affected and Reasonfor Discontinuance:
ALEC proposes to discontinue its terminating access service that it provides to its only
customer, Momentum Telecom, Inc. ("Momentum"), an affiliate of ALEC, in the locations
described above. To the extent necessary, Momentum will purchase services previously
provided by ALEC from third-parties.
5. Brief Description of the Dates and Methods of Notice to All Affected Customers:
ALEC understands that Section 63.71(a) of the Commission's rules requires that ALEC
provide written customer notice of the planned discontinuance of the affected services.3
However, since ALEC's only customer is Momentum, which is also an affiliate of ALEC, ALEC
2
'47 cFR g 63.71(a).
requests that the Commission waive the requirement to provide written customer notice of the
planned discontinuance. Momentum is fully aware of the discontinuance. In fact, the actions of
Momentum are the cause of ALEC's proposed discontinuance.
6. Wether the Carrier is Considered Dominant or Non-dominant with Respect to the
Service to be Discontinued.
ALEC is considered non-dominant in all locations it serves with respect to the service
that will be discontinued.
7. Other Information.
In accordance with Section 63.71(a) of the Commission's rules,4 a copy of this
Application is being mailed concurrently with its filing to the entities listed on the attached
certificate ofservice.
Conclusion
The public convenience and necessity will not be adversely affected by the
discontinuance of the services described herein. ALEC's only customer, an affiliate, has
advance notice ofthe proposed discontinuance and has access to several readily available
substitute services. Therefore, ALEC respectfully requests that the Commission approve its
Section 63.71 Application to discontinue the affected service.
Respectfully Subm itted,
/sl Michael C. Sloan
MichaelC. Sloan
Davis Wright Tremaine LLP
I 919 Pennsylvania Ave., NW
Washington, DC 20006
Counsel to ALEC, LLC
January 30, 201 8
aJ
a See id.
CERTIFICATE OF SERVICE
I, Christopher Cook, do hereby certify on this 30th day of January, 2018 that a true and correct
copy of the foregoing "Section 63.71 Application of ALEC,LLC" has been sent via U.S. mail, postage
prepaid to the following:
Office of the Governor
State Capitol
600 Dexter Avenue
Montgomery, AL 36130
Office of the Govemor
500 Woodlane Street
Little Rock, AR7220l
Office of the Governor
The Capitol
400 South Monroe Street
Tallahassee, FL 32399
i#i;:iffi8::'#:i
11 1 State Capitol
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State Capitol
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700 Capital Avenue, Suite 100
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P.O. Box 94004
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Alabama Public Service Commission
100 North Union Street, Suite 850
Montgomery, AL36104
Arkansas Public Service Commission
1000 Center Building
Little Rock, AR72201
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, FL 32399
Georgia Public Service Commission
244 Washington Street, SW
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Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, lD 83720
Illinois Commerce Commission
527 East Capitol Avenue
Springfield, lL 62701
Kentucky Public Service Commission
2011 Sower Boulevard
Frankfoft, KY 40601
Louisiana Public Service Commission
602 North Fifth Street
P.O. Box 91154
Baton Rouge,LA70821
4
Secretary of Defense
Attn. Special Assistant for Telecommunications
Pentagon
Washington, DC 20301
Office ol the Governor
P.O. Box 139
Jackson, MS 39205
Office of the Governor
State Capitol Building
101 North Carson Street
Carson City, NV 89701
Office of the Governor
20301 Mail Service Center
Raleigh, NC 27699
Office of the Governor
Riffe Center, 30'h Floor
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Columbus, OH 43215
Office of the Governor
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Columbia, 5C 29201
Office of the Governor
1" Floor, State Capitol
Nashville, TN 37243
Office of the Governor
P.O. Box 12428
Austin, TX 78711
Office of the Govemor
115 East Capitol
Madison, Wl53702
Mississippi Public Service Commission
501 North West Street
Woolfolk State Office Bldg.
Jackson, MS 39201
Nevada Public Utilities Commission
1150 East William Street
Carson City, NV 89701
North Carolina Utilities Commission
430 North Salisbury Street
Raleigh, NC 27603
Public Utilities Commission of Ohio
180 East Broad Street
Columbus, OH 43215
South Carolina Public Service Commission
l0l Executive Center Drive
Columbi4 SC2920l
Tennessee Regulatory Authority
502 Deaderick Street, 4'h Floor
Nashville, TN 37243
Public Utility Commission of Texas
1701 North Congress Avenue
P.O. Box 13326
Austin, TX 7871I
Public Service Commission of Wisconsin
601 North Whitney Way
Madison, WI 53705
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Christopher Cook
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