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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554




In the Matter of                 )
                                )
Arbros Communications, Inc.      )
                                )    File No. EB-02-TC-038
                                )
Apparent Liability for           )    NAL/Acct. No. 200332170001
Forfeiture                       )
                                )    FRN: 0003793205 
                                )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  March 4, 2003              Released: March 6, 2003

By the Chief, Enforcement Bureau:

                    I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),1   we   find   that   Arbros    Communications,   Inc. 
(``Arbros'')2 apparently willfully or repeatedly violated section 
214(a) of  the  Communications  Act  of  1934,  as  amended  (the 
``Act''),3  and  sections  63.61,   63.71,  and  63.505  of   the 
Commission's rules4  by  discontinuing  its  domestic  interstate 
access service in California, Delaware, Maryland,  Massachusetts, 
New Jersey,  New York,  Pennsylvania, Virginia,  and  Washington, 
D.C. as  well as  all of  its interstate  long distance  service, 
before receiving authorization to do so from the Commission.   As 
a result,  Arbros's  former  customers  apparently  were  without 
service for up to seven weeks, causing significant disruption  to 
their businesses.  Upon our review of the facts and circumstances 
surrounding these  apparent violations,  we find  that Arbros  is 
apparently liable for  a forfeiture  in the amount  of $5000  for 
each of ten discontinuance violations, for a total of $50,000.  

                    II.       BACKGROUND

     2.   Arbros is  a  non-dominant  provider  of  resold  local 
exchange, resold exchange access,  resold long distance,  private 
line, and data  services in twelve  states. According to  Arbros, 
late in 2001,  it determined that  continued provision of  resold 
service would  not  be in  its  best interest.   Accordingly,  in 
October 2001,  it decided  to lay  off about  80 percent  of  its 
employees.  Subsequently, it informally  told the carriers  whose 
services it had resold (``upstream  providers'') of its plans  to 
exit the business.5  After  being contacted by  the staff of  the 
Common Carrier  Bureau (``CCB''),  on March  1, Arbros  filed  an 
application for discontinuance with the Commission, stating  that 
between February 12 and February 14, 2002, Arbros sent notices to 
the affected customers stating that service would be discontinued 
on March 4, 2002.  The  notice to Arbros's customers stated  that 
the FCC will  normally authorize the  proposed discontinuance  of 
service unless it is shown that the customers would be unable  to 
receive service or a  reasonable substitute from another  carrier 
or  that  the  public  convenience  and  necessity  is  otherwise 
affected.  Arbros's application for discontinuance, however,  was 
filed too late to  expect Commission action by  the March 4  date 
given in  the  customer  notice,  since  the  Commission's  rules 
provide that the authorization would (in the absence of action to 
the contrary)  be  automatically  granted  only  after  a  31-day 
period.   In response to  complaints from consumers who  received 
the notice and  stated that Arbros  could not be  reached on  the 
telephone  number  set  forth  in  the  notice,  Arbros  filed  a 
supplemental application with a revised notice that was also sent 
to its  customers,  stating  that Arbros  planned  to  disconnect 
service on March 16, 2002,  and that Arbros would request  waiver 
of the 31-day requirement.6  In fact, interstate exchange  access 
and long distance service to  some customers was cut off  without 
Commission authorization during  the third week  of March  2002.7 
Arbros asserts that this service  termination was not its  fault, 
but was caused by its  upstream providers cutting off service  to 
Arbros on February 27, 2002 and  March 18, 2002.  Arbros has  not 
determined whether it will declare bankruptcy, although it states 
that it does  have liquidity problems  and billing disputes,  and 
has attempted to resolve issues with creditors as they arise.8

     3.   Our staff sent a letter  of inquiry to Arbros on  April 
5, 2002  inquiring,  among  other things,  about  the  number  of 
customers whose service was discontinued or reduced, whether they 
received service from other  providers, and the circumstances  of 
the discontinuances. Arbros  filed a  response on  May 13,  2002, 
requesting confidential treatment  for the  entire response.   In 
reply to a telephonic request by our staff, Arbros filed a letter 
on September 5 identifying those portions of the May 13  response 
for which it was requesting confidentiality.9

     4.   In its response, Arbros claimed that that there was  no 
discontinuance by Arbros.  First, it stated that it believes that 
none of  its  customers  stopped receiving  service  because  its 
customers had already changed  service providers.  In support  of 
this belief,  Arbros  noted (1)  that  it informed  its  upstream 
providers of the identity of its customers with the understanding 
that these  providers  would be  contacting  customers  regarding 
migration and  (2)  it  worked with  customers  to  obtain  other 
service providers and  advised all customers  with current  bills 
that  Arbros  would  continue  to  provide  their  service  until 
cutovers  were  completed.10  Second,  Arbros  stated  that   any 
discontinuance that  occurred resulted  from the  actions of  its 
upstream providers in terminating service.11  

     5.   Arbros' upstream providers claimed that only 40 of  the 
306 Arbros  customers  migrated to  their  systems.12   Moreover, 
several  former  Arbros  customers  have  furnished  declarations 
stating that they  were discontinued by  Arbros and lost  service 
for varying periods  of time.13   For example,  Royall &  Company 
lost service for four weeks and Conard-Pyles Company lost service 
for seven weeks.14  In several instances, declarants claimed that 
Arbros gave them incorrect information or could not be reached to 
arrange for migration to  another service.15  Declarants  claimed 
that their companies  were damaged due  to the discontinuance  by 
loss  of   clients,  reduction   in   cash  flow,   increase   in 
administrative costs  and support  time, lack  of  communications 
with the  company's branch  office,  and the  need to  travel  to 
branch offices  or  hire  couriers  to  communicate  with  branch 
offices.16  Further, one  of the upstream  providers claims  that 
(1) it never terminated service to Arbros, (2) Arbros never  paid 
its last invoice  after notifying the  upstream provider that  it 
would no  longer  supply  long  distance  service,  and  (3)  the 
upstream provider generally  offers only  wholesale service,  but 
accommodated Arbros' customers to avoid elimination of service to 
those customers who wished to migrate to it.17 

                    II.  DISCUSSION

     A.   Apparent Violations Evidenced in the Record 

     6.   As  explained   below,  Arbros's   business   practices 
evidence apparent  willful  or  repeated  violations  of  section 
214(a) of the Act  and sections 63.61, 63.71,  and 63.505 of  the 
Commission's rules.

     7.   Arbros's application  for discontinuance  authorization 
and its response to our  staff's inquiries establish that  Arbros 
did not meet its  obligations as a  common carrier to  adequately 
notify its customers of  the discontinuance or obtain  Commission 
approval before it discontinued service, in apparent violation of 
section 214(a) of the Act  and sections 63.61, 63.71, and  63.505 
of the Commission's rules.  Section 214(a) has an essential  role 
in the  Commission's efforts  to protect  consumers.  Unless  the 
Commission has the ability to determine whether a  discontinuance 
of service is in the public interest, it cannot protect customers 
from having essential services cut off without adequate  warning, 
or ensure that these customers have other viable  alternatives.18   
It appears that Arbros's customers were left without service  for 
periods of up to seven weeks.19  Apparently, less than 15 percent 
of them migrated to the systems of Arbros's upstream providers.20  
Moreover, Arbros's customers claim to have suffered damage due to 
the discontinuance by  loss of clients,  reduction in cash  flow, 
increase in  administrative  costs  and  support  time,  lack  of 
communications, with their branch offices, and the need to travel 
to branch offices  or hire  couriers to  communicate with  branch 
offices.21  Such problems underscore the need to strictly enforce 
section  214   and  our   rules   regarding  notice   and   prior 
authorization of discontinuances here.  

     8.   Under the  Act  and  our  rules, it  is  clear  that  a 
telecommunications carrier must receive Commission  authorization 
and provide the required  notice to its  customers before it  may 
discontinue  interstate  service  to  those  customers.22   Here, 
however, Arbros  apparently  claims  that a  timely  request  for 
authorization and the  required notice to  its customers was  not 
possible  because  its  upstream  providers  abruptly  terminated 
service to  Arbros  and  thereby  caused  the  discontinuance  of 
service to  Arbros's  end-user  customers.23  We  find  that  the 
record does not support Arbros's claim.  The company states  that 
it decided  in  the  fall  of  2001,  months  before  the  actual 
discontinuances, that it would cease providing resale  service.24  
Therefore, Arbros had ample time after its decision to leave  the 
market to  file an  application  for discontinuance  and  provide 
notice to its customers.  Arbros claims that it was not at  fault 
for the unauthorized discontinuance because its suppliers cut off 
service.  The record shows, however,  that the suppliers who  cut 
off service did so because Arbros failed to pay its bills.  Thus, 
it appears that Arbros  ultimately was at  fault for the  service 
cut-off.  To the extent that Arbros may have disputed the amounts 
owed to its suppliers,  there is no evidence  in the record  that 
Arbros ever attempted to pay its providers any disputed  amounts, 
subject to later determination, to  permit it to avoid  premature 
discontinuance.  Moreover,  Arbros's claim  that it  discontinued 
only  because   its   suppliers   cut  off   service   has   been 
contradicted.25   We  conclude  that  Arbros,  not  its  upstream 
providers,  was  apparently  responsible  for  the   unauthorized 
discontinuance here.  

     9.   In attempting to excuse its lapses, Arbros also  relies 
on the contention that some customers were able to avoid the loss 
of service by  obtaining service from  other carriers,  including 
Arbros's  upstream  providers.   While   the  issue  of   whether 
customers would  be  able  to  receive  substitute  service  from 
another provider is  relevant to  the Commission's  review of  an 
application for  discontinuance,26 the  ability of  customers  to 
receive substitute service is  not a defense  when a carrier  has 
discontinued service without  authorization.  In  any event,  the 
record  establishes  that  Arbros's  actions  to  migrate   these 
customers  to  other  carriers  were  ineffective.   Only  40  of 
Arbros's 306 customers were  switched to its upstream  providers, 
and several of the  customers providing declarations have  stated 
that  Arbros  was  impossible  to  reach  or  gave  the  customer 
incorrect information, and that they were without service for  up 
to seven weeks.27   In view  of the foregoing  facts, it  appears 
that Arbros willfully or repeatedly discontinued service  without 
Commission authorization in  violation of section  214(a) of  the 
Act and sections  63.61, 63.71,  and 63.505  of the  Commission's 
rules. 

.

                      B. Forfeiture Amount

     10.  The forfeiture guidelines  establish a base  forfeiture 
amount of $5000 per violation for unauthorized discontinuance  of 
service to  a community.28  Arbros discontinued  exchange  access 
service in nine states  and all of  its interstate long  distance 
service.  As we  have done  previously in this  context, we  will 
treat Arbros's discontinuance of exchange access service in  each 
state as discontinuance  to a  community, and we  will treat  its 
discontinuance  of  interstate  long   distance  service  as   an 
additional discontinuance of  service to  a community.29  Because 
there were ten violations, i.e., unauthorized discontinuances  of 
long distance service  and of  exchange access  service in  these 
nine communities, this results in a total proposed forfeiture  of 
$50,000. 



                                        III.    CONCLUSION    AND 
ORDERING CLAUSES

     11.  We have determined that Arbros apparently committed ten 
separate violations of section  214(a) of the Communications  Act 
and sections 63.61, 63.71, and  63.505 of the Commission's  rules 
by discontinuing  service  without Commission  authorization,  as 
described above.   We  have  further determined  that  Arbros  is 
apparently liable  in  the  amount  of  $5000  for  each  of  the 
violations of section 214 of  the Act and sections 63.61,  63.71, 
and 63.505 of the Commission's rules.

     12.  Accordingly, IT IS ORDERED, pursuant to section  503(b) 
of the  Communications  Act of  1934,  as amended,  47  U.S.C.   
503(b), section 1.80 of the Commission's rules, 47 C.F.R.  1.80, 
and authority  delegated  by sections  0.111  and  0.311  of  the 
Commission's  rules,  47  C.F.R.  0.111,  0.311,  that   Arbros 
Communications, Inc. IS HEREBY NOTIFIED of an Apparent  Liability 
for Forfeiture in the amount  of $50,000 for willful or  repeated 
violations of section  214(a) of  the Act30  and sections  63.61, 
63.71, and 63.505 as described in the paragraphs above.31

     13.  IT IS FURTHER ORDERED, pursuant to section 1.80 of  the 
Commission's rules, 47  C.F.R.   1.80, that  within thirty  (30) 
days of the release of this Notice of Apparent Liability,  Arbros 
Communications, Inc. SHALL  PAY the full  amount of the  proposed 
forfeiture32 OR SHALL  FILE a response  showing why the  proposed 
forfeiture should not be imposed or should be reduced.

     14.  The Commission will not consider reducing or  canceling 
a forfeiture in response to a  claim of inability to  pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.

     15.   Requests for payment of the full amount of this Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.33

     16.   Under the Small Business Paperwork Relief Act of 2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing to  be sent to  the Telecommunications  Consumers 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.
     17.  IT IS FURTHER  ORDERED that  copies of  this Notice  of 
Apparent Liability for Forfeiture SHALL BE SENT by certified mail 
to E.  Ashton  Johnston,  Esq., Piper  Rudnick,  1200  Nineteenth 
Street,  N.W.,   Washington,  D.C.   20036-2412;  and   to   John 
Balestrieri, President, Arbros Communications, Inc., 880 Eldridge 
Landing Road, Linthicum, MD 21090. 

                       FEDERAL COMMUNICATIONS COMMISSION



                            David H. Solomon
                                    Chief, Enforcement Bureau


                          ATTACHMENT A


                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned and 
operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and operated 
and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

       Industry Type         Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                 $12.5 Million in Annual Receipts 
                                        or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions for 
calculating average annual receipts and average employment of 
a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                   International Services
International Broadcast 
Stations






                            $12.5 Million in Annual Receipts 
                                        or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                            $6 Million in Annual Receipts or 
                                          Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than $40M 
                            in annual gross revenues for 
                            three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for the 
                            preceding three years (includes 
                            affiliates and controlling 
                            principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal            Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three calendar 
                            years (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average  annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service         $12.5 Million in Annual Receipts 
                                        or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First  Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after federal 
                            income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for the 
                            preceding three years (includes 
                            affil iates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and persons 
                            or entities that hold interest 
                            in such entity and their 
                            affiliates)
Satellite Master Antenna 
Television Systems           $12.5 Million in Annual Receipts 
                                        or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for the 
                            preceding three years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and persons 
                            or entities that hold interest 
                            in such entity and their 
                            affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                $11.5 Million in Annual Receipts 
                                        or Less
Hotels and Motels            $6 Million in Annual Receipts or 
                                          Less
Tower Owners                 (See Lessee's Type of Business)


_________________________

1 See  47 U.S.C.   503(b)(4)(A).  The Commission  has  authority 
under this  section of  the Act  to assess  a forfeiture  penalty 
against a common  carrier if the  Commission determines that  the 
carrier has ``willfully or repeatedly'' failed to comply with the 
provisions of  the Act  or with  any rule,  regulation, or  order 
issued by the  Commission under  the Act.   The section  provides 
that the Commission must assess such penalties through the use of 
a written notice of apparent  liability or notice of  opportunity 
for hearing.

2 Arbros is a  Delaware Corporation.  It  appears that it  is 
held by  Arcomm  Holding  Company (Arcomm).   A  majority  of  
Arcomm's  shares are owned by Linsang Partners, LLC.   Arbros 
has the following affiliates: Arbros Communications Licensing 
Company West,  LLC; Arbros  Communications Licensing  Company 
Canada, LLC; Arbros  Communications N.E. LLC  and its  wholly 
owned subsidiaries Arbros  Communications Licensing  Company, 
Nutel  Communications,  Inc.   d/b/a  Arbros   Communications 
Licensing Company, N.E., and Arbros Communications  Licensing 
Company, Virginia; Arbros  Communications S.E.,  LLC and  its 
wholly  owned  subsidiary  Arbros  Communications   Licensing 
Company, S.E. LLC; Arbros Communications Central, LLC and its 
wholly owned subsidiary Arbros Communications Company Central 
LLC; Arbros  Communications Texas  LLC and  its wholly  owned 
subsidiary Arbros  Communications  Licensing  Company  Texas, 
LLC; Arbros  Communications California,  LLC and  its  wholly 
owned  subsidiary  Arbros  Communications  Licensing  Company 
California LLC; and Comm South Companies, Inc. and its wholly 
owned subsidiaries Georgia Comm  South, Inc., E-Z Tel,  Inc., 
and Comm South Companies of  Virginia, Inc.  Its main  office 
is 880  Eldridge  Landing  Road, Linthicum,  MD  21090.   Its 
President is John Balestrieri.  Arbros has blanket  operating 
authority from the Commission under sections 63.01 and  63.02 
of the Commission's rules, 47 C.F.R.  63.01, 63.02. 

3 47 U.S.C.   214(a).  This section  provides in pertinent  part 
that ``[n]o carrier shall discontinue, reduce, or impair  service 
to a community, or part of a community, unless there shall  first 
have been obtained from the Commission a certificate that neither 
the present nor future public  convenience and necessity will  be 
adversely affected thereby; except that the Commission may,  upon 
appropriate request being made, authorize temporary or  emergency 
discontinuance, reduction, or impairment  of service, or  partial 
discontinuance, reduction, or impairment of service....''

4 47 C.F.R.  63.61, 63.71, 63.505.

5 Letter  dated  September  5, 2002,  from  E.  Ashton  Johnston, 
counsel for Arbros, to Peter G. Wolfe, FCC (''Arbros Letter'').

6 Public  Notice, ``Comments  Invited on  Arbros  Communications, 
Inc.  and  its  Subsidiaries  Joint  Application  to  Discontinue 
Domestic Telecommunications Services,'' DA 02-571 (Mar. 7, 2002).

7 Declaration of  Karl Fischer  on behalf of  Traffic Planning  & 
Design (Sept. 4,  2002)(``Fischer Declaration''); Declaration  of 
Charles Tassin on  behalf of Career  Transition Center (Aug.  29, 
2002) (``Tassin  Declaration'');  Declaration  of  Jim  Smith  on 
behalf  of   Conard-Pyles  Company   (August  28,   2002)(``Smith 
Declaration'').
8
 Arbros Letter.
9 Because  we  only  rely on  the  non-confidential  material  in 
Arbros's response,  we  do  not  rule  on  Arbros's  request  for 
confidentiality.

10 Arbros Letter.

11 Id.

12 Letters from upstream providers to Peter G. Wolfe, FCC (Aug. 7 
and 20, 2002) (``Upstream Provider Letters'').
13
 Declaration of Don Schindhelm  on behalf of Applied  Information 
Technologies (Sept.  4,  2002)(Schindhelm  Declaration);  Fischer 
Declaration; Tassin Declaration;  Declaration of  Rob Edwards  on 
behalf of Royall & Company (Aug. 27, 2002)(Edwards  Declaration); 
Smith Declaration.
14
 Edwards Declaration; Smith Declaration.
15
 Schindhelm Declaration; Fischer Declaration; Tassin Declaration; 
Smith Declaration.
16
 Schindhelm Declaration; Fischer Declaration; Tassin Declaration; 
Smith Declaration.
17
 Letter from upstream provider to Peter G. Wolfe (Aug. 20, 2002).
18  See   Implementation   of   Section   402(b)(2)(A)   of   the 
Telecommunications Act of  1996 and Petition  for Forbearance  of 
the Independent Telephone  & Telecommunications Alliance,  Report 
and Order in CC  Docket No. 97-11  and Second Memorandum  Opinion 
and Order  in AAD  File No.  98-43, 14  FCC Rcd  11364,  11380-81 
(1999).

19 Edwards Declaration; Smith Declaration.
20 Upstream provider letters.
21   Schindhelm   Declaration;   Fischer   Declaration;    Tassin 
Declaration; Smith Declaration.
22 47 U.S.C.  214(a); 47 C.F.R.  63.61, 63.71, 63.505.

23 Arbros Letter.

24 Id.

25 Letter from  Upstream Provider  to Peter G.  Wolfe  (Aug.  20, 
2002).
26 See 47 C.F.R. 63.71(a)(5).

27 Upstream  Provider  Letters; Schindhelm  Declaration;  Fischer 
Declaration; Tassin Declaration; Smith Declaration.

28 47 C.F.R.  1.80.

29 See BroadStreet Communications, Inc., 17 FCC Rcd at 7938, 1739 
(EB, 2002).

30 47 U.S.C.  214(a).

31 47 C.F.R.  63.61, 63.71, 63.505. 

32 The forfeiture amount should be  paid by check or money  order 
drawn to  the order  of  the Federal  Communications  Commission.  
Reference should be made  on Arbros Communications, Inc.'s  check 
or  money  order   to  ``NAL/Acct.   No.  200332170001.''    Such 
remittances must  be  mailed to  Forfeiture  Collection  section, 
Finance  Branch,  federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.
33 47 C.F.R.  1.1914.