KITCHENS NEW CLEGHORN, LlC
AITORNEYS AT LAW
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December 1, 2010
Marlene Dortch, Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
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Re: Section 63.71 Application ofCypress Communications Operating Company, LLC
Before the Federal Communications Commission
Dear Ms. Dortch:
I represent Cypress Communications Operating Company, LLC. Enclosed herewith are
an original and six (6) copies ofthe above-captioned application for authority to
discontinue the provision ofdomestic telecommunications services - namely, voice and
data services - to a limited number ofcustomers in Alabama and Washington.
Applicant respectfully requests that the Commission issue a public notice regarding this
application as soon as possible, or advise us as to what further process should occur.
Please date-stamp the enclosed extra copy ofthis filing and return it in the envelope
provided. Should you have any questions with respect to this matter, please contact the
undersigned.
Sincerely,
--c....-7~'
Randy. New
Attor eyfor Cypress Communications Operating Company LLC
randy.new@knclawfmn.com
Enclosures
cc: John A. Harwood, Vice President and General Counsel, Cypress Communications
__________________·www.knclawfirm.com -
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
Section 63.71 Application of )
Cypress Communications Operating Company, LLC )
SECTION 63.71 APPLICATION
Cypress Communications Operating Company LLC ("Cypress" or "Applicant")
hereby seeks authorization pursuant to Section 2I4(a) ofthe Communications Act ofl934, as
amended (the "Act"), 47 U.S.c. § 214, and Section 63.71 ofthe Commission's Rules, 47 C.F.R.
§ 63.71, to discontinue its provision ofdomestic telecommunications services - namely, voice
and data services - to two (2) customers in Birmingham, Alabama and two (2) customers in
Seattle, Washington.
Cypress is a leading provider ofbundled telecommunications services to small
and medium-sized businesses located in multi-tenant commercial office buildings in major
metropolitan markets in the U.S. Specifically, Cypress offers its customers integrated service
bundles that includeloca~long distance, and international telecommunications services; high-
speed Internet connectivity; e-mail services; fully-managed firewall services; web hosting;
virtual private networks; feature-rich digital desktop stations; calling cards; audio and web
conferencing; and digital business television. Cypress is authorized to provide regulated
telecommunications services in 29 states and the District ofColumbia. Cypress is also
authorized by the Federal Communications Commission to provide both interstate and
international telecommunications services.
In an effort to maintain its operating network in the most efficient manner
possible, Cypress has identified two (2) customer sites at which its services will be discontinued.
Revenue has been declining at these service locations for some time. The proposed
discontinuance will not result in harm to the affected customers because these customers will
have the opportunity to select another telecommunications provider for their telecommunications
needs. Moreover, numerous CLECs and ILEC(s) in their area will continue to offer them some
or alI ofthe services which they have been receiving from Cypress.
The Applicant provides the following information pursuant to Section 63.71 of
the Commission's Rules:
I. Name and Address ofthe Carrier: Cypress Communications Operating
Company, LLC is located at 4 Piedmont Center, Suite 600, 3565 Piedmont Road, Atlanta, GA
30305.
2. Date ofPlanned Service Discontinuance. Reduction or Impairment: The
Applicant plans to discontinue local telephone service, including voice and data services, to the
affected customers in the states listed above on February 1, 201 I, or as soon thereafter as any
necessary regulatory approvals are obtained. Applicant understands that this application will be
automatically granted on the 3Ist day after public notice offiling unless the Commission notifies
the Applicant to the contrary.
3. Points ofGeographic Areas ofService Affected: Applicant proposes to
discontinue the provision oflocal telephone service, including voice and data services, to the
affected customers in the state ofPennsylvania
2
4. BriefDescription ofType ofService Affected: The telecommunications
services received by the affected customers include the provision oflocal telephone service,
including voice and data services.
5. BriefDescription ofthe Dates andMethods ofNotice to AllAffected
Customers: On December I, 2010, Cypress provided written customer notice by first-class mail
in accordance with the requirements ofSection 63.71(a) ofthe Commission's Rules, informing
its customers ofthe projected February 1, 201 I disconnect date. A sample copy ofthis notice to
customers is appended hereto as Exhibit A.
6. Whether the Carrier is Considered Dominant or Non-dominant with
Respect to the Service to be Discontinued. Reduced or Impaired: Applicant is considered non-
dominant with respect to the affected services.
In accordance with Section 63.71 ofthe Commission's Rules, a copy ofthis
Application is being mailed to the Governor and public services commission ofthe state of
Pennsylvania and to the Special Assistant for Telecommunications for the Secretary ofDefense,
concurrent with the filing ofthis application.
Additional questions regarding this application may be addressed to the
undersigned.
RESPECTFULLY SUBMITTED, this 1st day ofDecember, 2010.
BY:
KITCHENS NEW CLEGHORN, LLC
~~
2973 Hardman Court NE
3
Atlanta. GA 30305
678.244.2880 - Voice
678.244.2883 - Fax
randy.new@knclawfmn.com
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Section 63.71 Application was served this 1st day of
December, 2010, by mailing true and correct copies thereof; postage prepaid, to the following
persons at the addresses listed below
Secretary ofDefense
ATTN: Special Assistant for
Telecommunications
Pentagon
Washington, DC 20301
The Honorable Bob Riley
State Capitol
600 Dexter Avenue
Montgomery, AL 36130
The Honorable Chris Gregoire
Office ofthe Governor
P.O. Box 40002
Olympia, WA 98504-0002
Alabama Public Service Commission
P.O. Box 304260
Montgomery, AL 36130
Washington UTC
P.O. Box 47250
Olympia, WA 98504-7250
KITCHENS NEW CLEGHORN, LLC
BY:~~7;f?-
AA' DYL. $W,E~
Georgia B,iNo. 539540
Attorneyfor Cypress Communications Operating
Company, LLC
4
2973 hardman court atlanta, ga 30305
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KITCHENS NEW ClEGHORN, ltC
ATTORNEYS AT lAW
264 north jackson street athens, ga 30601
,,1706.715.3370 /ox706.612.1313
Via Certified Mail. Return ReceiptRequested
December 1, 2010
9709 Third Ave Investors, LLC
Attn: Accounts Payable
1215 4
th
Avenue
Seattle, WA 98161
Re: Account # 698T05002
Dear Sir or Madam:
, )
Kitchens New Cleghorn, LLC represents Cypress Communications Operating
Company, LLC. Enclosed herewith is an important notice about the loss of your
local telephone service as provided by our client. Please carefully read this notice
and follow its instructions.
The notice enclosed herewith constitutes the notice as required by law.
Enclosures
cc: Jeff Collins (via email tojcollins@cypresscom.net)
Ann Jackson (via email toanjackson@cypresscom.net)
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Via Certified Mai4 Retum Receipt Requested
December 1, 2010
9709 Third Ave Investors, LLC
Attn: Accounts Payable
1215 4
th
Avenue '
Seattle, WA 98161
Re: Account # 698T05002
Dear Sir or Madam:
This will serve as fonnal notification that Cypress Communications Operating Company, LLC will
discontinue all services at the offices of9709 Third Ave Investors, LLC, 9709 3
rd
Avenue, Seattle, WA
98115 as ofFebruary 1, 2011. Each and every service tbat Cypress currently provides to you will be
discontinued. We fully understand the inconvenience this may cause you: Please know that we did not
make this decision lightly; however, Cypress is compelled to factor economic feasibilities into its strategic
planning.
It has been our experience that a complete transition to new service provider(s) including ordering local
telephone lines, the purchase or lease oftelephone equipment, or the ordering ofInternet access services,
may take 30 days. Therefore, we encourage you to immediately begin your transition plans at this time. In
order to find the best alternative service for your company, we recommend reviewing the service offerings
and price plans ofseveral providers to see which best "fits" your business communication needs. All
services must be transitioned by January 22, 2011. As a valued customer, we want to do everything
within reason to help you accomplish a smooth transition to alternative service providers ofyour choice.
Ifyou have made a deposit with Cypress, it will be applied against your outstanding balance on your
account as ofyour tennination date, or, ifthere is no outstanding balance on your account as ofsuch date,
you will receive a refund check for your deposit. Please be aware that Cypress will not impose any carrier
switch over charges due to this transition,
Please take a momentto review andsign the attachedform
and retum viafax to (404) 812-7881 by February 1,1011.
Pursuant to FCC regulations, we are required to include the fullowing statement:
The FCC will normally authorize this proposed discontinuance ofservice 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. Ifyou
wish to object, you should file your comments as soon as possible, but no later than 15 days
after the Commission releases public notice ofthe 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 Sec. 63.71
Application ofCypress Communications Operating Company, LLC.Comment~;~~;~~k
,?/(i'Y'
include specific infurmation about the impact ofthis proposed discontinuance upon you or
your company, including any inability to acquire reasonable substitute service.
We regret any inconvenience this may cause you. Ifyou have any questions, please contact JeffCollins at
(404) 442-0393 or toll-free (888) 528-1788. Thank you fur your prompt attention to this matter.
Regards,
Cypress Communications Operating Company, LLC
3565 Piedmont Road
Four Piedmont Center, Suite 600
Atlanta, GA 30305
CC: JeffCollins (via email tojco11ins@cypresscom.net)
Ann Jackson (via email toanjackson@cypresscom.net)
,
PLEASE REPOND BYFEBRUARY1, 2011.
TO: Cypress Terminations
Cypress Communications Operating Company, LLC
3565 Piedmont Road
Four Piedmont Center, Suite 600
Atlanta, GA 30305
FAX: (404) 812-7837
FROM: 9709 Third Ave Investors, LLC
Attn: Accounts Payable
1215 4
th
Avenue
Seattle, WA 98161
DATE:
RE: Account # 698T05002
I understand that effective February 1, 2011, Cypress Communications Operating Company, LLC will
discontinue each and every service that Cypress currently provides at the offices of9709 Third Ave
Investors, LLC, 9709 3
rd
Avenue, Seattle, WA 98115, Account # 698T05002, and that it is my
responsibility to ensure that my company's services are transferred to an alternate service provider in
order to avoid a service interruption.
If! move my services prior to the termination date, I understand that it is my responsibility to notify
terminatiolls@,cypresscom.llet to ensure that my account is closed properly. Failure to do so could result
in my being billed through February 1, 2011.
Name (Please Print)
Signature
Phone! email
Date
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