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 10-282 Released: February 19, 2010 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. 09-233 Comp. Pol. File No. 924 Comments Due: March 22, 2010 Section 214 Application Applicants: 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. On December 8, 2009, 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 February 17, 2010, Verizon provided updated information regarding corrected notice to customers. Accordingly, Verizon’s application is deemed complete as of February 17, 2010. Verizon indicates that it currently offers Fractional DS1 service in New York, and that it offers Fractional T1 service 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 termination of N x 56 Kbps and N x 64 Kbps where N=2, 2 4 or 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 intends to discontinue its provision of Fractional DS1 and Fractional T1 service in the Service Areas. Verizon indicates that the present application is for the discontinuance of these services to approximately 100 customers that did not receive notice when Verizon originally filed for authority to discontinue services in 2008.1 Verizon states that, for these customers, 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 April 2, 2010, subject to Commission authorization. Verizon further states that, on or after April 2, 2010, existing term customers that wish to continue receiving Fractional DS1 or Fractional T1 services after the expiration of their current term will be placed on a month-to-month plan until they transition to an alternative bandwidth service or discontinue service. Verizon maintains that the public convenience and necessity will not be impaired by these proposed discontinuances because alternative services are available. Verizon indicates that it initially sent notice to all affected customers via U.S. Mail on August 6, 2009, and that a revised notice was sent on February 1, 2010. 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 its amended application and notice to customers, Verizon indicates that it anticipates discontinuing service on or after April 2, 2010, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of Verizon’s amended application and notice, absent further Commission action, Verizon may terminate its Fractional DS1 and Fractional T1 services in the Service Areas on or after April 20, 2010 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 March 22, 2010. Such comments should refer to WC Docket No. 09-233 and Comp. Pol. File No. 924. 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 1 See 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, Public Notice, WC Docket No. 08-215, DA 08-2356 (rel. Oct. 24, 2008). 3 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. Effective December 28, 2009, the Commission’s contractor will only receive hand-delivered or messenger- delivered paper filings for the Commission’s Secretary at the FCC Headquarters building, located at 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. The filing hours are Monday through Friday, 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 –