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 11-1006 Released: June 7, 2011 COMMENTS INVITED ON APPLICATION OF OJO SERVICE LLC TO DISCONTINUE INTERCONNECTED VOIP SERVICES WC Docket No. 11-98 Comp. Pol. File No. 994 Comments Due: June 22, 2011 On May 27, 2011, Ojo Service LLC (Ojo or Applicant), located at 3800 Horizon Blvd, Suite 103, Trevose, Pennsylvania 19053, 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 interconnected Voice over Internet Protocol (VoIP) services throughout the United States (collectively Service Areas). By an amendment filed June 6, 2011, Ojo corrected certain deficiencies in its initial application and updated the record regarding notice to state entities.1 Accordingly, Ojo’s application is deemed complete as of June 6, 2011. In its notice to customers, Ojo describes itself as a VoIP voice and video phone service provider. Ojo specifically indicates that it currently offers interconnected VoIP services to approximately 200 customers located throughout the Service Areas. Ojo explains that its interconnected VoIP services can be used for local, intrastate and interstate calling. Ojo states, however, that it intends to discontinue its operations entirely. Ojo proposes to discontinue service to all customers on June 12, 2011, or upon Commission approval of the discontinuance, whichever occurs later. Ojo maintains, however, that Vox Communications is one of the leading providers of integrated video and VoIP telephony services, and that Ojo has made arrangements to have Vox Communications take over its service relationship with customers. Ojo asserts that, consequently, no customers will experience a disruption in their service as a result of the proposed discontinuance. Ojo indicates that, with letters dated May 12, 2011, it sent notice via electronic mail to inform affected customers of the proposed discontinuance. Ojo maintains that all of its customers have email accounts and that this is the standard form of notification employed by Ojo for customer notifications. Ojo asserts that it has operated as an interconnected VoIP provider only, and indicates that it understands its application will be processed under the Commission’s rules for non- dominant carriers. We seek comment on Ojo’s proposed discontinuance of service, including the steps it has taken to notify customers, given the particular circumstances in this case and in light of the notification procedures prescribed in section 63.71(a) of the Commission’s rules. In accordance with section 63.71(c) of the Commission’s rules, Ojo’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 Ojo that the grant will not be 1 Ojo’s application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau on May 31, 2011, and Ojo’s amendment was subsequently received on June 6, 2011. 2 automatically effective. In the application and customer notice, Ojo indicates that it plans to discontinue interconnected VoIP services to all affected customers in the Service Areas on or after June 12, 2011, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of Ojo’s application and notice, absent further Commission action, Ojo may terminate its provision of interconnected VoIP services in the Service Areas on or after July 8, 2011, in accordance 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 June 22, 2011. Such comments should refer to WC Docket No. 11-98 and Comp. Pol. File No. 994. 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://fjallfoss.fcc.gov/ecfs2/. 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 who choose to file by paper must file an original and one copy of each filing. 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. All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters 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 and boxes 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, Express, and Priority mail must 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 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 3 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 –