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 09-1375 Released: June 19, 2009 COMMENTS INVITED ON APPLICATION OF STRATOS OFFSHORE SERVICES COMPANY TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 09-100 Comp. Pol. File No. 905 Comments Due: July 6, 2009 Section 214 Application Applicant: Stratos Offshore Services Company On May 1, 2009, Stratos Offshore Services Company (Stratos or Applicant), located at 1710W Willow, Scott, LA 70583, 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 Louisiana and Texas (collectively Service Areas). On June 4, 2009 and June 12, 2009, Stratos filed amendments to its application to correct certain deficiencies and update the record regarding notice to the states and to customers.1 Accordingly, Stratos’ application is deemed complete as of June 12, 2009. Stratos indicates that it currently provides stand-alone services including local telephone services to 163 business customers in Louisiana and two business customers in Texas. Stratos states, however, that it does not own and operate all of the facilities used to provide these stand-alone services, and the cost of providing these services to business customers in the affected Service Areas now outweighs any revenues collected. Accordingly, Stratos indicates that it has decided to concentrate its efforts on its core market and discontinue providing all stand-alone services such as local, long distance and other retail services to business customers in the Service Areas, except a few Municipal Government entities that have been identified as “Qualifying Entities” as defined in state tariff revisions. Instead, Stratos states that it plans to only offer local, long distance and other retail services to those business customers who also subscribe to Stratos’ bundled VSAT Services or Microwave Services.2 Stratos indicates that it plans to discontinue its provision of all stand-alone services, including local, long distance and other retail services in the affected Service Areas on or after July 1, 2009, subject to regulatory approval. Stratos indicates that it sent notice to all affected customers via U.S. Mail on April 22, 2009, and that it 1 The June 12, 2009 amendment was subsequently received in the Competition Policy Division of the Wireline Competition Bureau on June 18, 2009. 2 Stratos explains that its VSAT (Very Small Aperture Terminal) Services are telecommunications or data services provided through a relatively small satellite antenna used for satellite-based point-to-multipoint data communications applications. 2 subsequently mailed notice in compliance with section 63.71(a) of the Commission’s rules on June 3, 2009. Stratos states that it is non-dominant with respect to the services to be discontinued. In accordance with section 63.71(c) of the Commission’s rules, Stratos’ application will be deemed to be granted automatically on the 31st day after the release date of this public notice, unless the Commission notifies Stratos that the grant will not be automatically effective. In its application and notice to customers, Stratos indicates that it anticipates discontinuing service on or after July 1, 2009, subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of Stratos’ application and notice, absent further Commission action, Stratos may terminate its provision of all stand- alone services, such as local, long distance and other retail services, that are not bundled with Stratos’ VSAT or Microwave Services or offered to qualifying municipal government entities in the affected Service Areas, on or after July 20, 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 July 6, 2009. Such comments should refer to WC Docket No. 09-100 and Comp. Pol. File No. 905. 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. 3 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 Kimberly Jackson, (202) 418-7393 (voice), kimberly.jackson@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 –