Attachment Convergent 63.19 Int

Convergent 63.19 Int

SURRENDER OF AUTHORIZATION

Surrender Letter

2009-03-11

This document pretains to SUR-NDR-20090311-00020 for Surrender (SUR-NDR) on a Surrender filing.

IBFS_SURNDR2009031100020_699752

Dewey & LeBoeuf LLP 1101 New York Avenue, NW Washington, DC 20005—4213 DEWEY & LEBOEUF tel +1 202 346 8111 fax +1 202 956 3303 rrubin@dl.com March 11, 2009 VIA ELECTRONIC FILING Marlene H. Dortch, Secretary Office of the Secretary Federal Communications Commission c/o Natek, Inc. 236 Massachusetts Avenue, N.E. Suite 110 Washington, D.C. 20002 Attn: International Bureau Re: Section 63.19 Notification of Convergent Telesis LLC d/b/a Hamptons Telephone Discontinue International Telecommunications Services to Customers Pursuant to FCC File No. ITC—214—20000919—00540 Dear Ms. Dortch: On behalf of Convergent Telesis LLC d/b/a Hamptons Telephone ("Convergent Telesis"), an original and five (5) copies of the above—referenced Section 63.19 Notification are enclosed for filing. The Notification consists of a copy of Convergent Telesis‘ Section 63.71 Application for Authority to Discontinue Domestic Telecommunications Service which includes a copy of the notification of the discontinuance to all affected customers, as filed on this same date. Please date—stamp the extra copy of this correspondence and return it in the self—addressed, stamped envelope provided. Should you have any questions, please do not hesitate to contact the undersigned at (202) 346—8111. Respectfully submitted, I.c'(k?é—'—‘ Richard Rubin Counsel for Convergent Telesis LLC d/b/a Hamptons Telephone New YorKk | LONDON murtinationat rartnersHip | WasHington, DC Alsany | Amaty | Bewing | Boston | Brussers | CHicaso | Doma | DuBa! Frankrurt | HonaKons | Houston | JoHannEssurg (rry)ito. | LosAnceles | Miman | Moscow PARIS murtinationat rartnersHip | RIYADH arriuiateporfice | Rome | San Francisco | SiticoN VaLLey | Warsaw

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. In the Matter of ) ) Section 63.71 Application of ) Convergent Telesis LLC d/b/a Hamptons Telephone ) Y For Authority to Discontinue Domestic ) Telecommunications Services ) ) SECTION 63.71 APPLICATION Convergent Telesis LLC d/b/a Hamptons Telephone ("Convergent"), through its undersigned counsel, hereby files this application (the "Application") pursuant to Section 63.71 of the Commission‘s rules, 47 C.F.R. § 63.71, to discontinue certain telecommunications services that it provides to customers in Long Island, New York (the "Discontinuance Market"). In support of this Application, Convergent submits the following information: 1. Name and Address of Carrier: Convergent Telesis LLC d/b/a Hamptons Telephone P.O. Box 299 39 Windmill Lane Southampton, New York 11969 2. Date of Planned Service Discontinuance: The anticipated date of the discontinuance of service is April 30, 2009 or as soon thereafter as the necessary state and federal regulatory authorizations have been obtained. 3, Geographic Areas Affected: The proposed discontinuance of service will affect the customers served by Convergent in Long Island, New York. The total number of affected customers (the "Discontinuance Customers") is approximately 500, all in New York. By separate communication to the Commission, Convergent will be providing timely notification of discontinuance of international telecommunications services authorized pursuant to ITC—214—20000919—00540. 4, Brief Description of Type of Service Affected: The telecommunications services received by the Discontinuance Customers include both local exchange and (interstate and intrastate) interexchange services provided over plain old

telephone service lines, DSL, DSO T1 channel and TI services. In addition to voice services, certain customers also receive high—speed bandwidth services over DSL, Tiand T3 facilities. 5. Dominance or Non—dominance with Respect to Service to be Discontinued: Convergent is non—dominant with respect to the telecommunications services that it proposes to discontinue. All telecommunications services that are being discontinued, including basic local services, are readily available from other carriers. 6. Description of the Dates and Methods of Notice to Affected Customers: Convergent provided written notice to the Discontinuance Customers on February 27, 2009, in accordance with the requirements of Section 63.71(a). A form of the customer notice is attached hereto as Exhibit A. 7. Service of Application: In accordance with Section 63.71(a), Convergent has mailed a copy of this Application to the Governor and the public utility commission of the state of New York and to the Special Assistant for Telecommunications for the Secretary of Defense. 8. Additional questions regarding this application may be addressed to: Richard Rubin, Esq. Dewey & LeBoeuf LLP 1101 New York Avenue Washington, D.C. 20005 Tel: (202) 346—8111 Fax: (202) 956—3303 Email: rrubin@dl.com Circumstances of Discontinuance Due to economic conditions, Convergent intends to exit the telecommunications industry. Accordingly, Convergent notified the Discontinuance Customers that Convergent will discontinue their regulated telecommunications service on or about April 30, 2009, subject to regulatory approval. The contract of each Discontinuance Customer permits the termination of the contract without cause. Further, all regulated telecommunications services that are being discontinued, including basic local services, are readily available from other carriers, and Convergent has provided more than the minimum 30—day notice required by the Commission for discontinuance of domestic services. Conclusion Convergent‘s discontinuance of service to the Discontinuance Customers, while regrettable, is necessary and appropriate, and will not adversely affect the public convenience

and necessity. The Discontinuance Customers will not be unduly harmed by the discontinuance of the service described above because Convergent has given them notice that affords them an opportunity to select a new telecommunications provider. For the foregoing reasons, Convergent respectfully requests, pursuant to Section 63.71 of the Commission‘s Rules, that the Commission permit it to discontinue the provision of all telecommunications services to customers in the Discontinuance Markets. Respectfully submitted, CZRed{—L—_ Richard Rubin, Esq. Dewey & LeBoeuf LLP 1101 New York Avenue Washington, D.C. 20005 Tel: (202) 346—8111 Fax: (202) 956—3303 Email: rrubin@dl.com Counsel to Convergent Telesis LLC d/b/a Hamptons Telephone Date: March 11, 2009

EXHIBIT A

HAMPTONS P.O. Box 299 Southampton, NY 11969 phone 631—287—0010 fax 631—287—6650 heilo@hamptons.com . www.hamptonstelephone.com February 27, 2009 NOTICE OF TELECOMMUNICATIONS SERVICE DISCONTINUANCEK YOU MUST TAKE IMMEDIATE ACTION TO PREVENT DISRUPTION OF YOUR SERVICE DO NOT DISREGARD THIS NOTICE ACCOUNT # Dear Customer, After careful consideration, Convergent Telesis LLC ("Convergent"), dba Hamptons Telephone has made the decision to terminate all telecommunications service offerings effective April 30", 2009, subject to regulatory approval. As a result, all telecommunications services (local, long distance and broadband) provided to you by Convergent will be discontinued on or after April 30"", 2009, subject to regulatory approval. YOUR IMMEDIATE ACTION IS REQUIRED! YOU MUST ELECT A NEW TELECOMMUNICATIONS SERVICE PROVIDER AS QUICKLY AS POSSIBLE OR YOU MAY LOSE ALL LOCAL, LONG DISTANCE AND BROADBAND SERVICES PROVIDED BY CONVERGENT. If you choose a new service provider, do so as soon as possible to avoid any interruption of service. Please do not delay in arranging for a new service provider as some providers may require several weeks to install or connect new services. To help avoid service disruption, please check carefully that all Convergent local, long distance telecommunications and broadband services are moved to your new service provider. We understand that switching to another carrier can be inconvenient, and we will help you with the transition. You can generally find a list of telephone service providers in your local telephone directory. Once you have chosen your new carrier, we will work closely with that company to provide your network and other customer information necessary to transfer your services. Please be aware that you remain responsible for paying all bills rendered to you on behalf of Convergent through the transition. You may be subject to suspension or termination of your phone service in A DIVISION OF }i'.ar: P LE SlS LLC \

HAMPTONS P.O. Box 299 Southampton, NY 11969 phone 631—287—0010 < fax 631—287—6650 ; hello@hamptons.com . www.hamptonstelephone.com accordance with New York State Public Service Commission rules if you fail to pay your telephone bills. Any deposits or credits associated with your account will be applied to your final bill, and any remaining balance will be returned to you. The Federal Communications Commission ("FCC") permits customers to object to discontinuance of their service by telecommunications provider. As provided in the FCC‘s rule 47 CFR 63.71;: "The FCC will normally qauthorize 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 shouldfile your comments as soon as possible, but no later than 15 days after the Commission releases public notice of the proposed discontinuance. Address them to the Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division Washington, D.C. 20554, and include in your comments a reference to the Section 63.71 Application of Convergent Telesis LLC. 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." If you would like to contact your state regulatory about the discontinuance, please see the information provided below: New York Contact New York Public Service Commission Empire State Plaza Agency Building 3 Albany, NY 12223—1350 Toll Free: 1—800—342—3377 We appreciate having the opportunity to serve you and are committed to making the service transition as smooth as possible. If you have further questions regarding the discontinuance of our services, please contact our Customer Care Department at 866—210—1143 or 631—287—0010. Sincerely, Robert Florio President Convergent Telesis LLC Apivision of m; TELESISLLC

CERTIFICATE OF SERVICE I hereby certify that the foregoing Section 63.71 Application ofConvergent Telesis dba Hamptons Telephone to Discontinue Domestic Telecommunications Services to Customers as filed with the Federal Communications Commission was served this 11"" day of March 2009, by mailing true and correct copies thereof, postage prepaid, to the following persons at the addresses listed below. Secretary of Defense New York Public Service Commission Attn: Special Assistant for Telecommunications Three Empire State Plaza The Pentagon Albany New York 12223—1350 Washington, D.C. 20301 Governor David A. Paterson Office of the Governor State Capital Albany, New York 12224 faT.{2 Richard Rubin

CERTIFICATE OF SERVICE I hereby certify that the foregoing Section 63.19 Notification of Convergent Telesis LLC dba Hamptons Telephone to Discontinue International Telecommunications Services to Customers as filed with the Federal Communications Commission was served this 11‘ day of March 2009, by mailing true and correct copies thereof, postage prepaid, to the following persons at the addresses listed below. Mr. John Giusti, Acting Bureau Chief, International Bureau Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 Claire M. Brenpan Paralegal Mangger


Document Created: 2009-03-11 13:21:18
Document Modified: 2009-03-11 13:21:18
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