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 08-2774 Released: December 22, 2008 COMMENTS INVITED ON APPLICATION OF VCI COMPANY TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 08-251 Comp. Pol. File No. 891 Comments Due: January 6, 2009 Section 214 Application Applicant: VCI Company On November 12, 2008, VCI Company (VCI or Applicant), located at 2228 S. 78th Street, Tacoma, WA 98409-9050, 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 telecommunications services in California, Iowa, Louisiana, Michigan, Minnesota, Montana, New Mexico, North Dakota, South Dakota, Tennessee, Texas, and Wyoming.1 VCI indicates that it currently offers flat rate, basic local exchange service to residential customers, and ancillary services such as toll limitation service, throughout its service areas in California, Iowa, Louisiana, Michigan, Minnesota, Montana, New Mexico, North Dakota, South Dakota, Tennessee, Texas, and Wyoming. VCI states, however, that it currently does not serve any customers in these states. VCI asserts that the economic recession has negatively affected its business and that it now intends to exit the telecommunications industry and discontinue offering flat rate, basic local exchange service in all of the above mentioned states where it currently has the authority to do so. According to VCI, the anticipated date for the proposed discontinuance is upon approval of this application by the Commission, and upon approval of requests for cancellations of certificates and tariffs, as well as notices of intention to relinquish ETC designation, where such approval is required by state regulatory commissions. VCI maintains that numerous competitive carriers have been certified to provide service in the incumbent local exchange carrier (ILEC) service areas of each state VCI serves and that the ILECs and other competitive carriers have been designated ETCs in the service areas VCI plans to exit. VCI asserts that its services therefore are not unique or difficult for customers to find elsewhere. VCI asserts 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, VCI’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 VCI that the grant will not be automatically effective. In VCI’s application, VCI 1 This application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau on December 1, 2008. 2 indicates that it anticipates discontinuing service upon completion of obtaining all necessary federal and state regulatory approvals. Accordingly, pursuant to section 63.71(c) and the terms of VCI’s application, absent further Commission action, VCI may terminate its flat rate, basic local exchange service in California, Iowa, Louisiana, Michigan, Minnesota, Montana, New Mexico, North Dakota, South Dakota, Tennessee, Texas, and Wyoming on or after January 22, 2009. 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 6, 2009. Such comments should refer to WC Docket No. 08-251 and Comp. Pol. File No. 891. 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 3 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 Melissa Kirkel, (202) 418-7958 (voice), melissa.kirkel@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 –