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 08-2739 Released: December 19, 2008 COMMENTS INVITED ON APPLICATION OF VERIZON DELAWARE LLC, VERIZON MARYLAND INC., VERIZON NEW ENGLAND INC., VERIZON NEW JERSEY INC., VERIZON NEW YORK INC., VERIZON PENNSYLVANIA INC., VERIZON VIRGINIA INC., VERIZON WASHINGTON, D.C. INC., AND VERIZON WEST VIRGINIA INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 08-247 Comp. Pol. File No. 890 Comments Due: January 21, 2009 Section 214 Application Applicants: Verizon Delaware LLC, Verizon Maryland Inc., Verizon New England Inc., Verizon New Jersey Inc., Verizon New York Inc., Verizon Pennsylvania Inc., Verizon Virginia Inc., Verizon Washington, D.C. Inc., and Verizon West Virginia Inc. On November 20, 2008, Verizon Delaware LLC, located at 901 Tatnall Street, Wilmington, Delaware 19801; Verizon Maryland Inc., located at 1 East Pratt Street, Baltimore, Maryland 21202; Verizon New England Inc., located at 185 Franklin Street, Boston, Massachusetts 02110; Verizon New Jersey Inc., located at 540 Broad Street, Newark, New Jersey 07102; Verizon New York Inc., located at 140 West Street, New York, New York 10007; Verizon Pennsylvania Inc., located at 1717 Arch Street, Philadelphia, Pennsylvania 19103; Verizon Virginia Inc., located at 703 East Grace Street, Richmond, Virginia 23219; Verizon Washington, D.C. Inc., located at 2055 L Street, NW, 5th Floor, Washington, D.C. 20036; and Verizon West Virginia Inc., located at 1500 MacCorkle Avenue, S.E., Charleston, West Virginia 25396 (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 Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island, Virginia, Washington, D.C., and West Virginia. Verizon indicates that it currently offers Facilities Management Service (FMS) throughout its service territory in Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island, Virginia, Washington, D.C., and West Virginia (collectively Service Areas). Verizon explains that FMS is an access service that allows customers to pay for special and/or switched access transport capacity (channel terminations, channel mileage, and multiplexing) at discounted rates calculated on a DS0 equivalent basis. Verizon further explains that FMS includes facilities from a customer-designated point of presence or collocation site to the serving wire center of a customer- designated end user location, or to end offices and/or tandem switching offices within the same LATA. Verizon states that FMS also offers customers telephone company management of their FMS facilities 2 although none of Verizon’s remaining FMS customers currently use that aspect of the service. Verizon indicates that it now intends to discontinue FMS throughout its service territory in the Service Areas. Specifically, Verizon states that on or after February 18, 2009, subject to Commission authorization, new customers will not be able to sign up for FMS, and existing FMS customers will not be able to add new Access Carrier Name Abbreviations to their existing FMS plan(s) or order FMS for LATAs in which they are not already subscribed to an FMS plan. Verizon maintains that it will continue to provide FMS to existing customers through the expiration of each customer’s FMS term or, at the customer’s request, through a twelve month extension of that term. Verizon indicates, however, that customers will be asked to convert to another special and/or switched access transport capacity service upon the expiration of the customer’s FMS term or extension thereto. Verizon maintains that the public convenience and necessity will not be impaired by this proposed discontinuance because Verizon offers several tariffed switched and special access transport capacity services that can be purchased on a month-to-month basis or under Verizon’s generally available discount plans. Verizon indicates that it sent notice of the proposed discontinuance to all affected customers via U.S. Mail on November 20, 2008. Verizon states that it is considered dominant with respect to the affected service. 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 February 18, 2009, 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 Facilities Management Service in the Service Areas on or after February 18, 2009 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 January 21, 2009. Such comments should refer to WC Docket No. 08-247 and Comp. Pol. File No. 890. 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 3 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 –