NOV21 '16 Ar1 1 :34 RCCJO

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Transcription:

WINDSTREAM SERVICES, LLC NOV21 '16 Ar1 1 :34 RCCJO 4001 Rodney Parham Road Little Rock, Arkru1sas 72212 Cesar Caballero Senior Reg11/a/01' Counsel 501.748.7142 cesar.caballem@windstrcam.com November 18, 2016 Becky Beier, Executive Secretary Oregon Public Utility Commission P.O. Box 1088 Salem, OR 97302 Re: Notice of Windstream's Section 63.71 Application with the FCC Dear Commission Secretary: Enclosed please find a copy of Windstream's Section 63.71 Application to Discontinue Certain Services filed with the FCC. At the time of this filing Windstream has identified one (1 end user that will be impacted and this customer has received notice of the upcoming changes to its services. Please note this discontinuance is limited to specific end of life equipment within Windstream's network. The discontinuance is not intended to affect Windstream's certifications with the Commission. Should you have any questions concerning this notice, please do not hesitate to contact me or my paralegal Nicole Winters at (501 748-63 13 or nicole.winters@ windstream.com. Respectfully submitted, ~ Cesar Caballero Enclosure

Before the Federal Communications Commission Washington D.C. 20554 In the Matter Of Section 63.7 l Application of LDMI Telecommunications, LLC McLeodUSA Telecommunications Services, LLC Network Telephone, LLC PAETEC Communications, LLC Talk America, LLC The Other Phone Company, LLC US LEC Communications, LLC US LEC of Alabama, LLC US LEC of Florida, LLC US LEC of Georgia, LLC US LEC of Tennessee, LLC Windstream Communications Telecom, LLC Windstream Communications, LLC Windstream Direct, LLC Windstream EN-TEL, LLC Windstream Iowa-Comm, LLC Windstream IT-Comm, LLC Windstream Lakedale Link, Inc. Windstream Norlight, LLC Windstream NorthStar, LLC Windstream NTI, LLC Windstream NuVox Illinois, LLC Windstream NuVox Indiana, LLC Windstream Nu Vax Missouri, LLC Windstream NuVox Ohio, LLC Windstream Nu Vax, LLC Windstream of the Midwest, Inc. For Authority Pursuant to Section 214 of the Communications Act of 1934, As Amended, to Discontinue the Provision of Service WC Docket No. ---- SECTION 63.71 APPLICATION OF WINDSTREAM SERVICES, LLC Windstream Services, LLC on behalf of its competitive local exchange carrier affiliates LDMI Telecommunications, LLC, McLeodUSA Telecommunications Services, LLC, Network Telephone, LLC, PAETEC Communications, LLC, Talk America, LLC, The Other Phone

Company, LLC, US LEC Communications, LLC, US LEC of Alabama, LLC, US LEC of Florida, LLC, US LEC of Georgia, LLC, US LEC of Tennessee, LLC, Windstream Communications Telecom, LLC, Windstream Communications, LLC, Windstream Direct, LLC, Windstream EN-TEL, LLC, Windstream Iowa-Comm, LLC, Windstream IT-Comm, LLC, Windstream Lakedale Link, Inc., Windstream Norlight, LLC, Windstream NorthStar, LLC, Windstream NTI, LLC, Windstream NuVox Illinois, LLC, Windstream NuVox Indiana, LLC, Windstream NuVox Missouri, LLC, Windstream NuVox Ohio, LLC, Windstream NuVox, LLC, and Windstream of the Midwest, Inc. (collectively "Windstream", through its undersigned counsel and pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. 214, and Section 63. 71 of the Federal Communications Commission's ("Commission" rules, 47 C.F.R. 63.71, hereby files this Application to discontinue the provision of local exchange and digital subscriber line ("DSL" services (collectively, "Services" in certain locations in the states of Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New Mexico, North Dakota, Ohio, Oregon, South Dakota, Tennessee, Texas, Utah, Washington and Wisconsin. In support of this Application, Windstream submits the following information: 1. Information listed in 47 C.F.R. 63.71(a(l-(4 (47 C.F.R. 63.7l(b(2: a. Name and Address of Carrier (47 C.F.R. 63.7l(a(l-(4, (b(2: LDMI Telecommunications, LLC McLeodUSA Telecommunications Services, LLC Network Telephone, LLC PAETEC Communications, LLC Talk America, LLC The Other Phone Company, LLC US LEC Communications, LLC Page 2

US LEC of Alabama, LLC US LEC of Florida, LLC US LEC of Georgia, LLC US LEC of Tennessee, LLC Windstream Communications Telecom, LLC Windstream Communications, LLC Windstream Direct, LLC Windstream EN-TEL, LLC Windstream Iowa-Comm, LLC Windstream IT-Comm, LLC Windstream Lakedale Link, Inc. Windstream Norlight, LLC Windstream NorthStar, LLC Windstream NTI, LLC Windstream NuVox Illinois, LLC Windstream Nu Vox Indiana, LLC Windstream NuVox Missouri, LLC Windstream NuVox Ohio, LLC Windstream NuVox, LLC Windstream of the Midwest, Inc. 4001 North Rodney Parham Rd. Little Rock, AR 72212 b. Date of Planned Discontinuance (47 C.F.R. 63.71(a(2, (b(2: Based on specific state level notification requirements Windstream plans to discontinue service in three stages based on the states customers are located in. Services for customers located in Alabama, Arizona, Florida, Georgia, Idaho, Kentucky, Louisiana, Minnesota, Missouri, Mississippi, North Dakota, Ohio, Oregon, Tennessee, and Washington will be discontinued on or about December 19, 2016. Services for customers located in Colorado, Indiana, South Dakota, Texas, Utah, and Wisconsin will be discontinued on or about January 19, 2017. Services for customers located in Iowa, Illinois, Michigan, and New Mexico will be discontinued on or about February 20, 2017. Page 3

c. Point of Geographic Areas of Service Affected (47 C.F.R. 63.7l(a(3, (b(2: Services will be discontinued in certain locations in the states of Alabama, Arizona, Colorado, F1otida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouti, New Mexico, North Dakota, Ohio, Oregon, South Dakota, Tennessee, Texas, Utah, Washington and Wisconsin. d. Brief Description of the Type of Service to be Affected (47 C.F.R. 63.71(a(4, (b(2: The Services are local exchange and DSL services provided to residential and small business customers. 2. Brief Description of the Dates and Methods of Notice to All Affected Cnstomers ( 47 C.F.R. 63. 71 (b (3 : On November 18, 2016, Windstream sent by First Class U.S. Mail notice to all affected customers of the planned discontinuance. A copy of such notice is attached hereto as Attachment 1 (30-day, Attachment 2 (60-day, and Attachment 3 (90-day, which is compliant with, among other things, Section 63.71(a(5 of the Commission's rules, 47 C.F.R. 63.71(a(5. 3. Regulatory Classification of Carrier (47 C.F.R. 63.71 (a(4: Windstream is nondominant with respect to the services that it proposes to discontinue. 4. Service: In accordance with Section 63.7l(a(l of the Commission's rules, 47 C.F.R. 63.71(a(l, Windstream is submitting a copy of this Application by First Class U.S. Mail to the public Page4

utilities commissions and governors of each state in which discontinuance is proposed and also to the Secretary of Defense (at the address given in 47 C.F.R. 63.7l(a. 5. Additional Questions Regarding This Application May be Addressed to the Undersigned. 6. Circumstances of Discontinuance. Windstream provides the Services to approximately 300 customers in certain locations in Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New Mexico, North Dakota, Ohio, Oregon, South Dakota, Tennessee, Texas, Utah, Washington and Wisconsin. The Services are being provided on equipment that is at the end of life, it is no longer supported by vendors and replacement would be cost prohibitive. Affected customers will not be unduly harmed because they are being provided ample notice of the discontinuance and customers have comparable options at comparable rates from other providers serving these states. 7. Conclusion Windstream believes that the proposed discontinuance is reasonable and necessary. As outlined herein, Windstream will take reasonable steps, to the extent that is able, to assurance that the discontinuance of this service is not unduly disruptive to the present or future public convenience and necessity. Accordingly, Windstream respectfully requests that the Commission permit it to discontinue the provision of Services to customers in certain locations in Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New Mexico, North Dakota, Ohio, Oregon, South Dakota, Tennessee, Texas, Utah, Washington and Wisconsin pursuant to Section 63.71. Page 5

Respectfully Submitted, Cesar Caballero Seuior Regulatory Counsel Windstream Services, LLC 4001 N. Rodney Parham Rd. MS: 1170-B 1F03-53A Little Rock, AR 72112 (501 748-7142 cesar.caballero@windstream.com November 18, 2016 Page6

CERTIFICATE OF SERVICE I hereby certify that the foregoing Section 63.71 Application was served this 13th day of November 2016, by mailing true and correct copies thereof, postage prepaid, to the following persons to the addresses listed below. Secretary of Defense Attn: Special Assistance for Telecommunications Pentagon Washington, DC 20301 Alabama Public Service Commission P.O. Box 304260 Montgomery, AL 36130 Office of Governor Robert Bentley State Capitol 600 Dexter Avenue Montgomery, AL 36130 Arizona Corporation Commission 1200 West Washington Street Phoenix, AZ 85007 Office of Governor Doug Ducey State Capitol 1700 West Washington Phoenix, AZ 85007 Colorado Public Utilities Commission 1560 Broadway Suite 250 Denver, CO 80202 Office of Governor John Hickenlooper 136 State Capitol Denver, CO 80203-1792 Florida Public Service Commission 2540 Shumard Oak Boulevard Gerald Gunter Building Tallahassee, FL 32399 Office of Governor Rick Scott PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Georgia Public Service Commission 244 Washington Street Atlanta, GA 30334 Office of Governor Nathan Deal 203 State Capitol Atlanta, GA 30334 Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83702 Office of Governor C.L. "Butch" Otter 700 West Jefferson Second Floor Boise, ID 83702 Illinois Commerce Commission 527 East Capitol A venue Springfield, IL 62701 Office of Governor Bruce Rauner State Capitol 207 Statehouse Springfield, IL 62706 Indiana Utility Regulatory Commission PNC Center 101 West Washington Street Suite 1500 East Indianapolis, IN 46204 Page 7

Office of Governor Mike Pence State House Room206 Indianapolis, IN 46204-2797 Iowa Utilities Board 1375 E. Court Avenue Room69 Des Moines, IA 50319-0069 Office of Governor Terry Branstad State Capitol Des Moines, IA 50319-000 I Kentucky Public Service Commission 211 Sower Boulevard Frankfort, KY 40601 Office of Governor Matt Bevin 700 Capitol Avenue Suite 100 Frankfort, KY 40601 Louisiana Public Service Commission P.O. Box 91154 Baton Rouge, LA 70821 Office of Governor John Bel Edwards P.O. Box 94004 Baton Rouge, LA 70804-9004 Michigan Public Service Commission PO Box 30221 Lansing, MI 48909 Office of Governor Rick Snyder P.O. Box 30013 Lansing, MI 48909 Minnesota Public Utilities Commission 121 Seventh Place East Suite 350 St. Paul, MN 55101-2147 Office of Governor Mark Dayton 130 State Capitol 75 Rev. Dr. Martin Luther King, Jr. Boulevard St. Paul, MN 55155 Mississippi Public Service Commission P.O. Box 1174 Jackson, MS 39215 Office of Governor Phil Bryant P.O. Box 139 Jackson, MS 39205 Missouri Public Service Commission P.O. Box 360 Jefferson City, MO 65102 Office of Governor Jeremiah W. (Jay Nixon Capitol Building Room 216, P.O. Box 720 Jefferson City, MO 65102 New Mexico Public Regulation Commission 1120 Paseo de Peralta Santa Fe, NM 87501-1269 Office of Governor Susana Martinez State Capitol Fourth Floor Santa Fe, NM 87501 North Dakota Public Service Commission 600 E. Boulevard A venue Dept. 408 Bismarck, ND 58505-0480 Office of Governor Jack Dalrymple Dept. 101 600 E. Boulevard Avenue Bismarck, ND 58505-0001 Public Utilities Commission of Ohio 180 East Broad Street Columbus, OH 43215-3793 Office of Governor John Kasich 30'h Floor 77 South High Street Columbus, OH 43215 Oregon Public Utility Commission P.O. Box 1088 Salem, OR 97301 Page 8

Office of Governor Kate Brown State Capitol Room 160 900 Court St. NE. Salem, OR 9730 I South Dakota Public Utilities Commission 500 East Capitol Avenue Pierre, SD 57501-5070 Office of Governor Dennis Daugaard 500 East Capitol Avenue Pie1m, SD 57501-5070 Tennessee Regulatory Authority 502 Deaderick Street 4th Floor Nashville, TN 37243 Washington Utilities and Transportation Commission 1300 S. Evergreen Park Drive PO Box47250 Olympia, WA 98504-7250 Office of Governor Jay Inslee Office of the Governor P.O. Box 40002 Olympia, WA 98504-0002 Wisconsin Public Service Commission P.O. Box Madison, WI 53707-7854 Office of Governor Scott Walker l 15 East State Capitol Madison, WI 53707 Office of Governor Bill Haslam Tennessee State Capitol Nashville, TN 37243-0001 Public Utility Commission of Texas P.O. Box 13326 Austin, TX 78711 Office of Governor Greg Abbott P.O. Box 12428 Austin, TX 78711 Public Service Commission of Utah 160 East 300 South 4 1 " Floor Office of Governor Gary R. Herbert Utah State Capitol Suite 200 Salt Lake City, UT 84114 Page9

Attachment 1 30 Day Customer Notice

<Justin Sample> < 123 Main Street <Anytown, USA 12345> <lllllllllllllllllllllllllllllllllllllllllll> November 18, 2016 URGENT: Your services on account ending in «LAST 4 ACCT NUM» will be impacted unless you take action! Dear «BILLING NAME», In an effort to better serve our business customers, Windstream is working to consolidate our systems and offerings. You are currently on an end-of-life platform that is scheduled to be decommissioned on Monday, Decemberig. The decommissioning affects Windstream Services, LLC customers in AL, CO, FL, GA, IA, ID, IL, IN, KY, LA, Ml, MN, MO, MS, NM, OH, OR, SD, TX, UT, WA, and WI who subscribe to some local exchange and digital subscriber line (DSL and voice services. In order to prevent a permanent service disruption, please contact Windstream as soon as possible to discuss your available options. Failure to do so may result in insufficient time to transition your services and may result in a complete loss of your services with no short-term ability to restore them. 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. You may file your comments electronically through the FCC's Electronic Comment Filing System using the docket number established in the Commission's public notice for this proceeding, or you may 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 Windstream Services, LLC. 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. Thank you for your prompt attention to this important matter. Please contact your Windstream trusted advisor at 855.759.7412 to discuss your migration and customized solution options. Sincerely, 0!8393MA!-ll/16 Windstream

Attachment 2 60 Day Customer Notice

<Justin Sample> < 123 Main Street <Anytown, USA 12345> <1111111!1111111111111111111111111111111!111> November 18, 2016 URGENT: Your services on account ending in «LAST 4 ACCT NUM» will be impacted unless you take action! Dear «Bl LUNG NAME», In an effort to better serve our business customers, Windstream is working to consolidate our systems and offerings. You are currently on an end-of-life platform that is scheduled to be decommissioned on Thursday, January 19. The decommissioning affects Windstream Services, LLC customers in AL, CO, FL, GA, IA, ID, IL, IN, KY, LA, Ml, MN, MO, MS, NM, OH, OR, SD, TX, UT, WA, and WI who subscribe to some local exchange and digital subscriber line (DSL and voice services. In order to prevent a permanent service disruption, please contact Windstream as soon as possible to discuss your available options. Failure to do so may result in insufftcient time to transition your services and may result in a complete loss of your services with no short-term ability to restore them. 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 tile your comments as soon as possible, but no later than 15 days after the Commission releases public notice of the proposed discontinuance. You may file your comments electronically through the FCC's Electronic Comment Filing System using the docket number established in the Commission's public notice for this proceeding, or you may 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 Windstream Services, LLC. 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. Thank you for your prompt attention to this important matter. Please contact your Windstream trusted advisor at 855159.7412 to discuss your migration and customized solution options. Sincerely, Windstream 018393MB1-l l/16

Attachment 3 90 Day Customer Notice

<Tustin Sample> < 123 Main Street <Anytown, USA 12345> <1111111111111111111111111111111111111111111> November 18, 2016 URGENT: Your services on account ending in «LAST 4 ACCT NUM» will be impacted unless you take action! Dear «BILLING NAME», In an effort to better serve our business customers, Windstream is working to consolidate our systems and offerings. You are currently on an end-of-life platform that is scheduled to be decommissioned on Monday, February 20. The decommissioning affects Windstream Services, LLC customers in AL, CO, FL, GA, IA, ID, IL, IN, KY, LA, Ml, MN, MO, MS, NM, OH, OR, SD, TX, UT, WA, and WI who subscribe to some local exchange and digital subscriber line (DSL and voice services. In order to prevent a permanent service disruption, please contact Windstream as soon as possible to discuss your available options. Failure to do so may result in insufficient time to transition your services and may result in a complete loss of your services with no short-term ability to restore them. 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. You may file your comments electronically through the FCC's Electronic Comment Filing System using the docket number established in the Commission's public notice for this proceeding, or you may 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 Windstream Services, LLC. 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. Thank you for your prompt attention to this important matter. Please contact your Windstream trusted advisor at 855-759.7412 to discuss your migration and customized solution options. Sincerely, Windstream Ol8393MC1-ll/16