Sec. 21.910  Special procedures for discontinuance, reduction or 
          impairment of service by common carrier MDS licensees.

    Any MDS licensee who has elected common carrier status and who seeks 
to discontinue service on a common carrier basis and instead provide 
service on a non-common carrier basis or who otherwise intends to reduce 
or impair service, shall be subject to the following procedures:
    (a) The carrier shall notify all affected customers of the planned 
discontinuance, reduction or impairment. Notice shall be in writing to 
each affected customer unless the Commission authorizes in advance, for 
good cause shown, another form of notice. Notice shall include the 
following:
    (1) Name and address of carrier;
    (2) Date of planned service discontinuance, reduction or impairment;
    (3) Points or geographic areas of service affected;
    (4) Whether Single-channel or Multichannel Multipoint Distribution 
Service is the service affected; and
    (5) The following statement:

    The FCC will normally authorize this proposed discontinuance of 
service (or reduction or impairment) unless it is shown that end-users 
will be adversely affected thereby. Affected customers wishing to object 
should file objections within 45 days after receipt of this 
notification, and address them to the Domestic Radio Branch, Domestic 
Facilities Division, Federal Communications Commission, Washington, DC 
20554, referencing the Sec. 21.910 Application of (carrier's name). 
Comments should include specific information about the impact of this 
proposed discontinuance (or reduction or impairment) upon end-users, 
including any inability by the customer to acquire reasonable substitute 
service from another provider. The affected customer must state that it 
has provided a copy of the objection to the carrier seeking 
discontinuance.

    (b) The carrier shall file with this Commission, or or after the 
date on which notice has been given to all affected customers, an 
application which shall contain the following:
    (1) Caption--``Section 21.910 Application'';
    (2) Information listed in Sec. 21.901(a) (1) through (4) above;
    (3) Brief description of the dates and methods of notice of all 
affected customers;
    (4) A statement of whether any customer has opposed the notice; and
    (5) Any other information the Commission may require.
    (c) The application to discontinue, reduce or impair service shall 
be automatically granted on the 76th day after its filing with the 
Commission without any Commission notification to the applicant unless 
an objection has been filed or the Commission has notified the applicant 
that the grant will not be automatically effective.
[ 52 FR 27557 , July 22, 1987]

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