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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Application of Southwestern Bell Telephone) Company to Sell a Local Exchange Facility in ) NSD File No. W-P-D-431 Missouri to Rock Port Telephone Company) Pursuant to 47 U.S.C.  214 ) ORDER AND CERTIFICATE Adopted: October 21, 1998 Released: October 21, 1998 By the Deputy Chief, Network Services Division, Common Carrier Bureau: 1. On August 18, 1998, Southwestern Bell Telephone Company ("SWBT"), a subsidiary of SBC Communications Inc., filed a letter seeking to obtain authority to sell a local exchange facility in Missouri to Rock Port Telephone Company ("Rock Port"). The facility covers a small portion of Missouri known as the South Hamburg Exchange. The South Hamburg Exchange serves approximately 65 access lines. 2. On September 15, 1998, the Commission released a Public Notice accepting SWBT's letter for filing as an application for discontinuance of service under section 214 of the Communications Act of 1934, as amended, 47 U.S.C.  214, and Part 63 of the Commission's rules, 47 C.F.R. Part 63. No comments or opposition statements were filed in response to the Public Notice. 3. SWBT states in its August 18, 1998 letter that it provides telephone exchange service and exchange access, as well as calling card, payphone, operator and directory assistance services, and other services customarily provided by local exchange carriers, and that the service available to the affected communities will be unchanged as a result of the granting of this application. SWBT states that it expects that Rock Port will provide service subject to its own tariffed rates, that the efficiencies created by this transaction likely will help Rock Port better serve the residents of the affected exchange, and that local subscribers will enjoy lower local rates after completion of the transaction. In response to section 63.505(l) of the Commission's rules, which requires the submission of information regarding the number of toll messages sent-paid and received-collect and the revenues from such traffic in connection with the service proposed to be discontinued, reduced, or impaired, SWBT states, "There will be no discontinuance, reduction or impairment of the services currently provided to the affected community." We interpret SWBT's statement as a request for waiver of section 63.505(l). 4. SWBT further states in its August 18, 1998 letter, pursuant to Section 63.90(a) - (b), that a public notice was posted in the Rock Port Post Office and publication was planned for two local newspapers, the Hamburg Reporter on August 26 and September 2, 1998 and the Atchison County Mail for August 27 and September 3, 1998. SWBT also states that a copy of the application was sent to the Missouri Public Service Commission. 5. We conclude that SWBT has complied with section 63.90 of the Commission's rules and that substantial notice has been given directly to the affected customers. SWBT has sought approval before the Missouri Public Service Commission. The purposes of section 63.90 have been satisfied. We require that SWBT notify its affected customers of the release of this Order and Certificate within 15 days of the sale of its local exchange facilities. 6. Having reviewed the application, we find that it complies with the requirements of section 214 of the Communications Act and Part 63 of our rules. Furthermore, for the reasons stated in the application, we find that the transaction described will not adversely affect the present or the future public convenience and necessity. 7. Accordingly, IT IS ORDERED, pursuant to section 214(a) of the Communications Act of 1934, as amended, , 47 U.S.C.  214(a), and sections 0.91, 0.291, and 1.3 of the Commission's rules, 47 C.F.R.  0.91, 0.291, and 1.3, that section 63.505(l) of the Commission's rules, 47 C.F.R.  63.505(l), IS WAIVED and the above-referenced application, File No. W-P-D-431, IS GRANTED. Southwestern Bell Telephone Company IS AUTHORIZED to discontinue service over the facility described in this application. 8. IT IS FURTHER ORDERED that the grant of this application IS SUBJECT TO THE CONDITION that Southwestern Bell Telephone Company notify its affected customers of the release of this Order and Certificate within 15 days of the sale of the local exchange facilities. 9. This Order and Certificate IS EFFECTIVE upon release. Failure of the applicant to decline the authorization in writing within thirty-one days from the release date will be construed as formal acceptance. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder, Deputy Chief Network Services Division Common Carrier Bureau