PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 08-1669 Released: July 15, 2008 COMMENTS INVITED ON APPLICATION OF TRUCOMM CORPORATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 08-142 Comp. Pol. File No. 878 Comments Due: July 30, 2008 Section 214 Application Applicant: TruComm Corporation On July 7, 2008, TruComm Corporation (TruComm or Applicant), located at 3701 Algonquin Road, Suite 450, Rolling Meadows, IL 60008-3191, filed an application with the Federal Communications Commission (FCC or Commission) requesting authority, under section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, and section 63.71 of the Commission’s rules, 47 C.F.R. § 63.71, to discontinue the provision of certain domestic telecommunications services in Michigan. By an amendment filed July 14, 2008, TruComm corrected certain deficiencies in its initial application and updated the record regarding notice to customers. Accordingly, TruComm’s application is deemed complete as of July 14, 2008. TruComm indicates that it currently provides domestic interstate and international long distance telephone services to business and residential customers in Michigan. TruComm states, however, that it has not developed a sufficient customer base to maintain operations, and that it now intends to discontinue its provision of these services in Michigan.1 According to TruComm, the anticipated date for the proposed discontinuance is August 15, 2008, or as soon thereafter as the necessary state and federal authorizations have been obtained. TruComm asserts that affected customers should be able to find alternative services because customers have received sufficient notice to make other arrangements, and the services are competitive in nature. TruComm indicates that on March 18, 2008 and April 15, 2008, it mailed letters by first class U.S. mail to inform affected customers of its plans to discontinue service. In addition, TruComm states that it published notice of its application on July 12, 2008 in two newspapers of general circulation within the affected exchanges, the Detroit News and the Detroit Free Press. TruComm indicates that it is considered non-dominant with respect to the services to be discontinued. In accordance with section 63.71(c) of the Commission’s rules, TruComm’s application will be deemed to be granted automatically on the 31st day after the release date of this public notice, unless the Commission notifies TruComm that the grant will not be automatically effective. In TruComm’s application, TruComm indicates that it anticipates discontinuing service on or after August 15, 2008. Accordingly, pursuant to section 63.71(c) and the terms of TruComm’s application, absent further 1 Discontinuance of international service is governed by 47 C.F.R. § 63.19. 2 Commission action, TruComm may terminate its domestic interstate long distance telephone services in Michigan on or after August 15, 2008. 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. This proceeding is considered a “permit but disclose” proceeding for purposes of the Commission’s ex parte rules, 47 C.F.R. §§ 1.1200-1.1216. Comments objecting to this application must be filed with the Commission on or before July 30, 2008. Such comments should refer to WC Docket No. 08-142 and Comp. Pol. File No. 878. Comments should include specific information about the impact of this proposed discontinuance on the commenter, including any inability to acquire reasonable substitute service. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. Filers should follow the instructions provided on the Web site for submitting comments. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e-mail comments, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. Parties who choose to file by paper must send an original and four copies of the comments to the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express, and Priority mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. Two copies of the comments should also be sent to the Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 5-C140, Washington, D.C. 20554, Attention: Carmell Weathers. In addition, comments should be served upon the Applicant. Commenters are also requested to fax their comments to the FCC at (202) 418-1413, Attention: Carmell Weathers. The application will be available for public inspection and copying during regular business hours at the FCC Reference Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554, (202) 418-0270. A copy of the application may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail at FCC@BCPIWEB.COM. People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). 3 For further information, contact Carmell Weathers, (202) 418-2325 (voice), carmell.weathers@fcc.gov, or Rodney McDonald, (202) 418-7513 (voice), rodney.mcdonald@fcc.gov, of the Competition Policy Division, Wireline Competition Bureau. The tty number is (202) 418-0484. For further information on procedures regarding section 214 please visit http://www.fcc.gov/wcb/cpd/other_adjud. – FCC –