Duda Agenda Dec. Opinion granting request by Cable & Wireless to withdraw from the provision of local exchange service.

IV. Conclusion

While we regret Cable & Wireless' change in business plan and its decision to withdraw from offering resold local exchange service, we recognize that our rules for competitive carriers provide the flexibility for such action, subject to proper measures to notify customers in advance and to assist them in transferring smoothly to another carrier. Cable & Wireless customers will be assured of continued service provisioned through the COLR if no other competitive options are available.

We will, therefore, grant the application of Cable & Wireless to withdraw from providing resold local exchange service subject to the following terms and conditions:

1. We will require Cable & Wireless to send a notice within 10 days of this order to all of its current customers. The notice shall be identical to the one contained in Exhibit B of the application, except that the notice shall make clear that if the customer does not choose a new local service provider within 30 days, the customer will be transferred to the ILEC.

2. Customers shall be given a minimum of 30 days from the date of this notification to terminate their resold local exchange service and to find another carrier.

3. At the end of the 30-day notice period, we will require Cable & Wireless to transfer to the underlying ILEC any customers that do not choose another provider, subject to the ILECs' existing rights of termination after proper notice.

4. Cable & Wireless shall send confirmation to the assigned Administrative Law Judge (ALJ) certifying that the notices have been sent as directed and that any remaining customers have been transferred to the underlying ILEC.

On the condition that Cable & Wireless complies with proper notice requirements and the other terms specified in this decision, we will authorize Cable & Wireless to withdraw from offering resold local exchange service. While Cable & Wireless has requested authority to withdraw from providing resold local exchange service, Cable & Wireless will continue to provide interexchange and intraLATA long distance service.