20040723Letter of Notification.pdf

SWIDLER BERLIN SHEREFF FRIEDMAN , LLP
THE WASHINGTON HARBOUR
3000 K STREET, NW, SUITE 300
W ASBINGTON, DC 20007-5116
TELEPHONE [phone]
FACSIMILE (202) 424- 764
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July 22, 2004
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Jean D. Jewell, Secretary
Idaho Public Utilities Coll1ll1ission
State House
472 W. Washington Street
Boise, ID 83702
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Re:Notification of Winstar Communications, LLC's Discontinuance of
Certain Services in the State of Idaho
Dear Ms. Jewell:
Winstar Communications LLC ("Winstar ), through its undersigned counsel and
pursuant to Idaho Code 9 62-612, hereby notifies the Commission of the discontinuance of
certain services in selected areas defined herein.Specifically, Winstar proposes to discontinue
the provision of frame relay services and/or Winstar switched private line services to customers
in a number of Idaho locations. Pursuant to an agreement with staff, Winstar is providing notice
via direct mail in lieu of publication in a newspaper within the areas affected by the proposed
discontinuance.
In connection with this Notification, Winstar submits the following information:
Winstar has previously filed a discontinuance notification on May 3, 2004 as well as two discontinuance
applications with the FCC. See In re Section 63.71 Application of Winstar Communications, LLC/or A uthorily to
Discontinue Certain Services Section 63.71 Application, WBC Docket No. 04-154 (filed Apr. 15 2004) and In re
Section 63.71 Application of Wins tar Communications, LLCfor Authority to Discontinue Certain Services. Section
63.71 Application, WC Docket No. 04-212 (filed May 13 2004). More recently, vVinstar determined that it would
discontinue service to all remaining non-federal governmental customers that receive local, domestic and
intemationa110ng distance, toll free, A TM, frame relay, Winstar switched private line, and other high-speed data
transmission services. W ins tar has filed a separate Section 63.71 Application for the discontinuance of services to
these customers. See In re Section 63.71 Application of Winstar Communications. LLC for Allthorir.v to Discontinue
Certain Services Section 63.71 Application, WC Docket No. (filed July 15 2004).
Jean D. Jewell, Secretary
July 22, 2004
Page 2
Description of Discontinuance
Name, address, and brief description of carrier
Winstar Communications, LLC
520 Broad Street
Newark, NJ 07102
Winstar is authorized to provide intrastate telecommunications services in Idaho pursuant
to a Certificate issued by the Commission.2 Winstar does not seek to surrender its certificate at
this time.
Winstar s toll-free customer service telephone number for customer inquiries concerning
this discontinuance is 1-800-778-3757.
Date of planned service discontinuance
The anticipated date for the discontinuance of service in the markets described below !11
paragraph 3 is August 31 , 2004, or as soon thereafter as the necessary state and federal
regulatory authorizations have been obtained.
Points of geographic areas of service and number of customers affected
Winstar seeks authority to discontinue the provision of certain services provided to non-
federal governmental customers in the following counties: Ada, Benewah, Clearwater, Kootenai
Latah and Nez Perce. This discontinuance will affect approximately 29 frame relay customers in
Idaho.
Brief description of the type of service affected
Winstar intends to discontinue the provision of frame relay services and Winstar
switched private line services to commercial customers in Idaho. Winstar s federal government
customers, Winstar fixed wireless services and offerings supporting mobile carrier
infrastructures, cable, Wi-Fi and other backhaul systems, private networks, closed networks , and
Winstar s spectrum lease offerings remain unaffected by this Notification.
See Docket No. WWI-00-, Order No. 28454 (Aug. 2, 2000). The Commission was
notified of the transfer of the Certificate of Wins tar Wireless, Inc. to Winstar Communications
LLC by letter dated February 1 , 2002.
Jean D. Jewell, Secretary
July 22, 2004
Page 3
Brief description of the dates and methods of notice to all affected customers
Written notice to all affected customers substantially in the form of the sample letters
attached as Exhibits A and B, was mailed to customers on June 15, 2004 and June 18, 2004. The
customer notice letters were prepared in accordance with the requirements of Section 63.71(a) of
the FCC's Rules.
Ongoing Efforts to Provide for Continuity of Service
Winstar will work with alternative carriers to effectuate a seamless transition of the
affected customer to the alternative carrier s facilities. Winstar will release to its customer all
pertinent end-user information required to transfer service to another carrier.
Additional questions regarding this Notification may be addressed to:
Jean L. Kiddoo
Brian McDermott
Swidler Berlin Shereff Friedman, LLP
3000 K Street, Suite 300
Washington, D.C. 20007Tel: [phone]Fax: [phone]
Email: JLKiddoo~swidlaw. com
BMMcDermott~swidlaw .com
For purposes of this Notification, Winstar may be contacted at:
Joseph M. Sandri
Senior Vice President & Regulatory Counsel
Winstar Communications, LLC
1850 M Street, NW, Suite 300
Washington, DC 20036Tel: [phone]
Fax: [phone]
Email: isandri~winstar.conl
II.Circumstances of Discontinuance
As part of Winstar s plan to refocus its business plan in order to maintain long term
profitability, Winstar has determined to discontinue the provision of certain services in a number
of locations nationwide, including locations in Idaho. Specifically, Winstar will discontinue
service to certain customers who receive commercial frame relay service and/or Winstar
Jean D. Jewell, Secretary
July 22, 2004
Page 4
switched private line service in Idaho. This discontinuance Notification does not affect
Winstar federal government customers, Winstar fixed wireless services and offerings
supporting mobile carrier infrastructures, cable, Wi-, and other backhaul systems, private
circuits, closed networks, or Winstar s spectrum lease offerings.
III.Public Interest Considerations
Winstar s disconnection of service to certain customers, while regrettable, is necessary
and appropriate, and will not adversely affect the public convenience and necessity. The public
will not be unduly harmed by the discontinuance of the services described above because
customers have been given notice that affords them an opportunity to transfer to a new carrier.
As indicated herein, Winstar has undertaken a customer notification initiative that is aimed at
providing affected customers with sufficient notice and opportunity to select another provider.
Further, Winstar is making a concerted effort to ensure an orderly transition of service for all
affected customers.
IV.Conclusion
An original and seven (7) copies of this Notification are enclosed for filing. Please date-
stamp and return the enclosed extra copy of this letter. Winstar intends to proceed as described
above on or shortly after August 31 , 2004. Therefore, Winstar respectfully requests that the
Commission notify Winstar if it has any questions regarding the proposed discontinuance or
believes that further action is required.
Respectfully submitted
~ fl9~~
Jean L. Kiddoo
Brian McDermott
Counsel for Winstar Communications, LLC
Enclosures
Exhibit A
Sample June 15, 2004 Discontinuance Notice Letter
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mr C"""i-'4!f&
Winstar Communications, LLC
520 Broad Street
Newark, New Jersey 07102
Vvi nstar
NOTICE OF COMMUNICATION SERVICES DISCONTINUANCE
DO NOT DISREGARD THIS NOTICE
YOU MUST CHOOSE A NEW SERVICE PROVIDER BY JULY 15~ 2004
June 15, 2004
RE: Frame Relay, ATM or PRIVATE LINE Account # fALL SERVICE LOCATIONS
Dear Winstar Customer:
We regret to inform you that Winstar plans to reconfigure and redesign the services it offers in your geographic
area. As a result, we have determined that we can no longer provide your Frame Relay, A TM or Private Line services. We
have also informed the Federal Communications Commission of this development. Accordingly, Winstar will
discontinue all FRAME RELAY, ATM, PRIVATE LINE AND ALL OTHER TELECOMMUNICATIONS AND
DATA COMMUNICATIONS SERVICES that you receive in your current service location(s). Subject to regulatory
approval, the anticipated date for the discontinuance of your Frame Relay, ATM or Private Line service is Tuesday,
August 31 2004. This notification does not alter any prior notification dates of other service discontinuance.
YOUR ACTION IS REQUIRED! YOU MUST CONTRACT WITH A NEW SERVICE PROVIDER AS QUICKLY
AS POSSIBLE, BUT NOT LATER THAN JULY 15, 2004 OR YOU MAY LOSE YOUR SERVICES.
Select a new carrier as soon as possible to avoid any interruption of service. Please do not delay in arranging
for a new service provider, as some carriers may require several weeks to install new services. To help avoid service
disruption, please check carefully that all service types you currently have with Winstar (Frame Relay, A TM, Private Line
and all other telecommunications and data communications services) are moved to your new carrier. Once you have
contracted with your new provider, Winstar will work with the carrier you have selected to assist in the transition of your
service. WitTel Communications LLC, a nationwide telecommunication provider, has advised us that it would welcome
the opportunity to work with you to convert your service to a comparable WilTel service. WilTel has already begun
working with Winstar to make your transition as smooth as possible should you select WilTel , and has attached a price
quote for replacement of your existing service. It is important to note that WilTel's quote is for end-to-end service
including the local access to your service location. Your current Winstar invoice may not include all local access charges
being billed to you. A copy ofWilTel's contract terms and conditions is also provided for your review, but you must
complete the new agreement with WilTe!. You may contact WilTe1 with questions about your quote or to discuss the
services Wi1Tei offers at 1-800 448-4046, or email questions to winstarproj ect(fYwiltel. com. You must contract with a new
provider by July 15 2004 or it is likely you will lose all services on August 31 , 2004.
The Federal Communications Commission ("FCC") permits customers to object to discontinuance of their service
by a telecommunications provider. As provided in the FCC's rule 47 CFR 63.71 :
The FCC will normally authorize this proposed discontinuance of service 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 shouldfile your comments within /5 days ajier
receipt of this notification. Address them to the Federal Communications Commission, Washington, D.C 20554
referencing the Section 63.71 Application of Winstar Communication, LLe. Comments should include specific
information about the impact of this proposed discontinuance upon you or your company, including any inability
to acquire reasonable substitute service.
Winstar appreciates the opportunity we have had to serve you. Weare committed to making your service
transition as smooth as possible. Please review the attached list of Frequently Asked Questions. If you have any further
questions regarding the discontinuance of our services, please contact us at 1-800-778-3757.
Sincerely yours
W instar Customer Service
Attachment: Frequently Asked Questions
FREQUENTLY ASKED QUESTIONS - June 15, 2004 Notification
I received a Notice of Discontinuance of my Frame Relay, ATM, or Private Line Service. What should I do now?
Please do not delay in arranging for a new service provider, as some carriers may require several weeks to install new services.
You should contact other carriers that serve your area to discuss their rates and terms and make immediate arrangements to migrate
your service to a new carrier. A list of carriers serving your area can usually be found in the front of your local telephone book.
noted in the attached letter, Wi/Tel Communications LLC has advised us that it would welcome an opportunity to work with our
customers to convert their Winstar service to any comparable Wi/Tel service. You must contract directly with WilTel or another
carrier to prevent losing your services. You may contact Wi/Tel to discuss the services they offer at 800 448-4046. To help
avoid unplanned service disruption, please check carefully that all service types you currently have with Winstar (Frame Relay,
A TM, Private Line and all other telecommunications and data communications services) are moved to your new carrier. Once you
have contracted with a new provider, Winstar will make every effort to assist in a smooth service transition. This notification does
not alter any prior notification dates of other service discontinuance.
Who is WilTel Communications LLC?
WilTel Communications LLC provides advanced data, IP, voice and video solutions to enterprises and telecommunications
carriers. Such customers include leading global telecommunications, media and entertainment companies - companies where
innovative network solutions enhance or enable the products and services they deliver. Wi1Te1's advanced network infrastructure
reaches border-to-border and coast-to-coast with international connectivity to accommodate global traffic. For more detailed
information, visit www.wilte1.com.
Can I still contact Winstar if I have issues related to my account?
Yes. Winstar s National Customer Satisfaction Center will be available to assist with your transition and any related questions you
have. If you have a customer request or inquiry, you may either call us at 800-778-3757 or you may contact us at
assistance~winstar.com. We are committed to providing personal assistance with every inquiry.
I have an installation scheduled with Winstar. What is the status?
Please contact Winstar immediately at 800-778-3757 if you choose to cancel your pending orders.
What will happen to my bill?
You will need to pay all charges applicable to your account through the date your service is switched and calls are carried by your
new provider. A fmal invoice will be sent to you showing applicable charges through that date, which will be due and payable per
Winstar s payment policy. You will not be charged any early termination fees.
I have a long-term contract with Winstar. Will I be charged for leaving?
No. Winstar customers in the service locations affected by this discontinuance will not be invoiced for early termination fees
related to the breaking of a contract term.
I am having technical trouble with my service. Who do I speak to?
Winstar will continue to respond to reports of technical problems. If you are having technical trouble, call us at (888) WINSTAR
(888-946- 7827).
I have a question that was not answered in these F AQs. How do I contact Winstar?
If you have a question that was not addressed in these F AQs you may either send us an emai1 to assistance~winstar.com or you
may contact us at 800-778-3757.
Exhibit B
Sample June 18, 2004 Discontinuance Notice Letter
"...
k~r Cip"II'tI'&
W ins tar Communications, LLC
520 Broad Street
Newark, New Jersey 071
Wlnstar
NOTICE OF COMMUNICATION SERVICES DISCONTINUANCE
DO NOT DISREGARD THIS NOTICE
YOU MUST CHOOSE A NEW SERVICE PROVIDER BY JULY 15~ 2004
June 18 , 2004
RE: Frame Relay, ATM or PRIVATE LINE Account # ALL SERVICE LOCATIONS
Dear Winstar Customer:
We regret to inform you that Winstar plans to reconfigure and redesign the services it offers in your geographic
area. As a result, we have determined that we can no longer provide your Frame Relay, A TM or Private Line services, We
have also informed the Federal Communications Commission of this development. Accordingly, Winstar will
discontinue all FRAME RELAY, ATM, PRIVATE LINE AND ALL OTHER TELECOMMUNICATIONS AND
DATA COMMUNICATIONS SERVICES that you receive in your current service location(s). Subject to regulatory
approval, the anticipated date for the discontinuance of your Frame Relay, ATM or Private Line service is Tuesday,
August 31 2004. This notification does not alter any prior notification dates of other service discontinuance.
YOUR ACTION IS REQUIRED! YOU MUST CONTRACT WITH A NEW SERVICE PROVIDER AS QUICKLY
AS POSSIBLE, BUT NOT LATER THAN JULY 15, 2004 OR YOU MAY LOSE YOUR SERVICES.
Select a new carrier as soon as possible to avoid any interruption of service. Please do not delay in arranging
for a new service provider, as some carriers may require several weeks to install new services. To help avoid service
disruption, please check carefully that all service types you currently have with Winstar (Frame Relay, A TM, Private Line
and all other telecommunications and data communications services) are moved to your new carrier. Once you have
contracted with your new provider, Winstar will work with the carrier you have selected to assist in the transition of your
service. You must contract with a new provider by July 15 2004 or it is likely you will lose all services on August 31
2004.
The Federal Communications Commission ("FCC") permits customers to obj ect to discontinuance of their service
by a telecommunications provider. As provided in the FCC's rule 47 CFR 63.71:
The FCC will normally authorize this proposed discontinuance of service unless it is shown that custol11f'rs would
be unable to receive service or a reasonable substitute from another carrier or that the public convenienCf' and
necessity is otherwise adversely affected. If you wish to object, you shouldfile your commf'nts lvithin /5 dun ufrer
receipt of this notification. Address them to the Federal Communications Commission, Washington DC '20554
referencing the Section 63.71 Application of Winstar Communication, LIC Comments should include speC/tic
information about the impact of this proposed discontinuance upon you or your company. including uny inulJllirl'
to acquire reasonable substitute service.
Winstar appreciates the opportunity we have had to serve you. Weare committed to making your service
transition as smooth as possible. Please review the attached list of Frequently Asked Questions. If you have any further
questions regarding the discontinuance of our services, please contact us at 1-800-778-3757.
Sincerely yours
W instar Customer Service
Attachment: Frequently Asked Questions
FREQUENTLY ASKED QUESTIONS - June 18, 2004 Notification
I received a Notice of Discontinuance of my Frame Reiay, ATM, or Private Line Service. What should I do now?
Please do not delay in arranging for a new service provider, as some carriers may require several weeks to install new services.
You should contact other carriers that serve your area to discuss their rates and terms and make immediate arrangements to migrate
your service to a new carrier. A list of carriers serving your area can usually be found in the front of your local telephone book, To
help avoid unplanned service disruption, please check carefully that all service types you currently have with Winstar (Frame
Relay, A TM, Private Line and all other telecommunications and data communications services) are moved to your new carrier.
Once you have contracted with a new provider, Winstar will make every effort to assist in a smooth service transition. This
notification does not alter any prior notification dates of other service discontinuance.
Can I still contact Winstar if I have issues related to my account?
Yes. Winstar s National Customer Satisfaction Center will be available to assist with your transition and any related questions YOll
have. If you have a customer request or inquiry, you may either call us at 800-778-3757 or you may contact LIS at
assistance~winstar.com. We are committed to providing personal assistance with every inquiry.
I have an installation scheduled with Winstar. What is the status?
Please contact Winstar immediately at 800-778-3757 if you choose to cancel your pending orders.
What will happen to my bill?
You will need to pay all charges applicable to your account through the date your service is switched and calls are carried by your
new provider. A final invoice will be sent to you showing applicable charges through that date, which will be due and payable per
Winstar s payment policy. You will not be charged any early termination fees.
I have a long-term contract with Wins tar. Will I be charged for leaving?
No. Winstar customers in the service locations affected by this discontinuance will not be invoiced for early termination fees
related to the breaking of a contract term.
I am having technical trouble with my service. Who do I speak to?
Winstar will continue to respond to reports of technical problems. If you are having technical trouble, call us at (888) WINST AR
(888-946- 7827).
I have a question that was not answered in these F AQs. How do I contact Winstar?
If you have a question that was not addressed in these F AQs you may either send us an email to assistance((V,winstar.com or you
may contact us at 800-778-3757.
VERIFICATION
, E. Brian Finkelstein state that I am Chief Executive Officer of Winstar
Communications, LLC, a Party in the foregoing Notification; that I am authorized to make this
Verification on behalf of Winstar Communications, LLC; that the foregoing was prepared under
my direction and supervision; and that the contents are true and correct to the best of my
knowledge, information, and belief.
I declare under penalty of perjury that the foregoing is true and correct. Executed this
day of July, 2004.ap(
Name: E. Brian Finkelstein
Title: Chief Executive Officer
Winstar Communications, LLC
Idaho