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 08-2356 Released: October 24, 2008 COMMENTS INVITED ON APPLICATION OF CONTEL OF THE SOUTH INC. (D/B/A VERIZON NORTH SYSTEMS), GTE SOUTHWEST INCORPORATED (D/B/A VERIZON SOUTHWEST), VERIZON CALIFORNIA INC., VERIZON FLORIDA LLC, VERIZON NEW YORK INC., VERIZON NORTH INC., VERIZON NORTHWEST INC., AND VERIZON SOUTH INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 08-215 Comp. Pol. File No. 884 Comments Due: November 24, 2008 Section 214 Application Applicants: Contel of the South (d/b/a Verizon North Systems), GTE Southwest Incorporated (d/b/a Verizon Southwest), Verizon California Inc., Verizon Florida LLC, Verizon New York Inc., Verizon North Inc., Verizon Northwest Inc., and Verizon South Inc. On September 25, 2008, Contel of the South Inc. (d/b/a Verizon North Systems) and GTE Southwest Incorporated (d/b/a Verizon Southwest), located at 600 Hidden Ridge, Irving, Texas 75038; Verizon California Inc., located at 112 Lakeview Canyon Road, Thousand Oaks, California 91362; Verizon Florida LLC and Verizon South Inc., located at 201 North Franklin Street, One Tampa City Center, Tampa, Florida 33602; Verizon New York Inc., located at 140 West Street, New York, New York 10007; Verizon North Inc., located at 8001 West Jefferson Boulevard, Fort Wayne, Indiana 46804; and Verizon Northwest Inc., located at 1800 41st Street, Everett, Washington 98201 (collectively Verizon or Applicants), 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 California, Florida, Idaho, Illinois, Indiana, Michigan, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Washington and Wisconsin. By an amendment filed October 21, 2008, Verizon corrected its initial application and provided further information regarding the affected services. Accordingly, Verizon’s application is deemed complete as of October 21, 2008. Verizon indicates that it currently offers Fractional DS1 service in its service territory in New York, and that it offers Fractional T1 service in its service territories in California, Florida, Idaho, Illinois, Indiana, Michigan, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Washington and Wisconsin (collectively Service Areas). Verizon states that Fractional DS1 and Fractional T1 services can be used to provide two-way voice, data, and video communications between two points at bandwidths smaller than a full DS1 or T1. Specifically, Verizon explains that Fractional DS1 service provides special access terminations of 128, 256, 384, 512 or 768 Kbps channel bandwidth delivered as a single bit rate. Verizon indicates that Fractional T1 service provides a special access 2 termination of N x 56 Kbps and N x 64 Kbps where N = 2, 4 and 6. Verizon further explains that Fractional T1 service can be designed to carry various DS0 combinations when customer applications require greater bandwidth than a traditional DS0 circuit, but less bandwidth than a traditional DS1 1.544 Mbps service. Verizon states, however, that its vendor has discontinued the manufacture of Verizon- approved equipment for these services, so Verizon now intends to discontinue its provision of Fractional DS1 and Fractional T1 service in the Service Areas. Specifically, Verizon states that it plans to no longer accept new orders or changes to existing orders for Fractional DS1 or Fractional T1 services in the Service Areas on or after December 16, 2008, subject to Commission authorization. Verizon further states that customers with term plans will be asked to disconnect their Fractional DS1 and/or Fractional T1 services at the end of their term, and month-to-month customers eventually will be asked to transition their services to alternative bandwidth services on or after December 16, 2008. Verizon maintains that the public convenience and necessity will not be impaired by these proposed discontinuances because alternative services are available including full DS1 and T1 services, and other services below a full DS1 or T1 such as DS0 56 Kbps voice grade services, DDS 64 Kbps data services and frame relay services. Verizon indicates that it sent notice to all affected customers via U.S. Mail on September 24, 2008. Verizon states that it is considered dominant with respect to the affected services. In accordance with section 63.71(c) of the Commission’s rules, Verizon’s application will be deemed to be granted automatically on the 60th day after the release date of this public notice, unless the Commission notifies Verizon that the grant will not be automatically effective. In Verizon’s application, Verizon indicates that it anticipates discontinuing service on or after December 16, 2008, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of Verizon’s application, absent further Commission action, Verizon may terminate its Fractional DS1 and Fractional T1 services in the Service Areas on or after December 23, 2008 consistent with its filed representations. 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 November 24, 2008. Such comments should refer to WC Docket No. 08-215 and Comp. Pol. File No. 884. 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 3 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 Applicants. 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). 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 –