On August 14, 2009, the Federal Communications Commission (“FCC” or “Commission”) issued a Public Notice requesting comments regarding AT&T Corp.‘s (“AT&T”) discontinuance of certain interconnected Voice over Internet Protocol (“VoIP”) services.On July 27, 2009, AT&T filed an application with the FCC requesting authority, under section 214 of the Communications Act of 1934, to discontinue the provision of its CallVantage service.

In its application, AT&T describes its CallVantage service as an interconnected VoIP service that it offers to customers in every state in the country and the District of Columbia. AT&T further specifies that CallVantage is an “over-the-top” interconnected VoIP service which requires customers to obtain a broadband Internet access connection in order to use the service. AT&T plans to discontinue CallVantage service in all fifty states and the District of Columbia, on or after October 20, 2009.

AT&T‘s application is noteworthy in that AT&T filed it before the FCC‘s rules for discontinuance of VoIP services have gone into effect and it signals AT&T‘s apparent exit from the over-the-top VoIP market.In accordance with the Commission‘s rules, AT&T‘s application will be deemed to be granted automatically on the thirty-first day after the release date of the public notice, unless the Commission notifies AT&T that the grant will not be automatically effective.The Commission normally will authorize proposed discontinuances of service unless it is shown that customers or other end users would be unable to receive service or a reasonable substitute from another carrier, or that the public convenience and necessity would be otherwise adversely affected.

CLIENT ADVISORY

Interested clients are encouraged to monitor this proceeding (FCC Docket No. WC 09-141) and submit relevant comments. Comments objecting to this application must be filed with the Commission on or before August 31, 2009.

Clients wishing to file comments with the FCC regarding this matter should contact Jonathan Marashlian at jsm@commlawgroup.com or 703-714-1313.