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 08-315 Released: February 7, 2008 COMMENTS INVITED ON APPLICATION OF REMI RETAIL COMMUNICATIONS, LLC TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 08-17 Comp. Pol. File No. 854 Comments Due: February 22, 2008 Section 214 Application Applicant: Remi Retail Communications, LLC On January 30, 2008, Remi Retail Communications, LLC (Remi or Applicant), located at 138 South Main St., Greensburg, PA 15601, 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 Pennsylvania. By an amendment filed February 7, 2008, Remi corrected certain deficiencies in its initial application and updated the record regarding notice to customers. Accordingly, Remi’s application is deemed complete as of February 7, 2008. Remi indicates that it currently offers local exchange, interexchange and toll-free services throughout Pennsylvania, in addition to certain ancillary services such as Internet Access Service (RemiDIA), Unified messaging services (voice mail and fax services – RemiMessenger or RemiFax) and calling card services (RemiCard). Remi explains that it utilizes Verizon Services Corp., Verizon North, Inc., and Verizon of Pennsylvania, Inc. (collectively Verizon), through a variety of UNE-P, UNE-L, resale and access service arrangements, as its sole underlying network service provider for local service customers in Pennsylvania. Remi states, however, that it has received notice from Verizon that Verizon will terminate services provided to Remi on or after February 19, 2008. Remi indicates that it has unsuccessfully attempted to secure an acquiring carrier for its customers, and that it is now seeking authority to discontinue service to its current 351 business customers in Pennsylvania. Remi maintains that it does not have any residential service customers. Remi states that it sent letters to affected customers in compliance with Pennsylvania state requirements on January 25, 2008. Remi indicates that it subsequently mailed notice in compliance with section 63.71(a) of the Commission’s rules on February 6, 2008, and that these notices informed customers that their service would be discontinued on or about February 25, 2008 subject to state and federal regulatory approvals. Remi maintains that it is assisting customers during their transition to new carriers, that it has established a toll-free customer service number, and that it expects its customers will be migrated by February 25, 2008. Finally, Remi asserts that it is a non-dominant carrier in the local exchange, interstate and interexchange services markets. 2 In accordance with section 63.71(c) of the Commission’s rules, Remi’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 Remi that the grant will not be automatically effective. Accordingly, pursuant to section 63.71(c), absent further Commission action, Remi may terminate service in Pennsylvania on March 9, 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 February 22, 2008. Such comments should refer to WC Docket No. 08-17 and Comp. Pol. File No. 854. 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-C327, 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 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 –