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 11-1262 Released: July 26, 2011 COMMENTS INVITED ON APPLICATION OF VERIZON WIRELESS TO DISCONTINUE INTERCONNECTED VOIP SERVICES WC Docket No. 11-126 Comp. Pol. File No. 997 Comments Due: August 10, 2011 On June 30, 2011, Verizon Wireless (Verizon Wireless or Applicant), located at 180 Washington Valley Road, Bedminster, New Jersey 07921, 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 a certain interconnected Voice over Internet Protocol (VoIP) service in the 48 lower contiguous states, Hawaii and the District of Columbia (Service Areas). By an amendment filed July 25, 2011, Verizon Wireless corrected certain deficiencies in its initial application and updated the record with clarifications regarding the affected states and method of notice to particular customers. Accordingly, Verizon Wireless’s application is deemed complete as of July 25, 2011. Verizon Wireless indicates that it currently offers Verizon Hub service in the Service Areas independent of its commercial mobile radio service and other wireless offerings. Verizon Wireless explains that its Verizon Hub service qualifies as an interconnected VoIP service under the Commission’s rules. Verizon Wireless states that it now intends to discontinue its provision of Verizon Hub service in the Service Areas on or after September 1, 2011, subject to Commission authorization. Verizon Wireless maintains, however, that the proposed discontinuance will not have an adverse affect on the public convenience and necessity because existing customers have a wide range of alternative voice services from which to choose, including traditional wireline voice services, facilities-based VoIP services offered by cable operators, other non-facilities-based interconnected VoIP services, and wireless voice telephony services. Verizon Wireless states that it has endeavored to minimize any inconvenience to customers by offering a discount on its Home Phone Connect device and service. Verizon Wireless indicates that it notified its non-employee Verizon Hub customers of the planned discontinuance by letters sent via U.S. Mail on or about June 24, 2011. Verizon Wireless submits that, on June 28, 2011 and June 29, 2011, it also sent notices by internal e-mail to approximately 240 employee customers receiving service through their employment with Verizon Wireless. According to Verizon Wireless, notice via the employees’ internal corporate e-mail is consistent with the company’s method of customer care and account-related correspondence for such employee customers. Verizon Wireless maintains that it plans to send free messages to the Hub devices themselves to inform affected subscribers of the planned discontinuance, and that it also plans to directly contact via telephone those customers who do not respond to the initial notification. Verizon Wireless indicates that it will initially focus its outreach efforts on non-employee customers, but affected employee customers will have the same options. Verizon Wireless asserts that it would be considered an interconnected VoIP service provider with respect to the Verizon Hub service, and that it would thus be considered non-dominant for purposes of the Commission’s service discontinuance rules. 2 We seek comment on Verizon Wireless’s proposed discontinuance of service and 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, Verizon Wireless’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 Verizon Wireless that the grant will not be automatically effective. In the application and customer notices, Verizon Wireless indicates that it plans to discontinue its Verizon Hub interconnected VoIP service to all affected customers in the Service Areas on or after September 1, 2011, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of Verizon Wireless’s application and notices, absent further Commission action, Verizon Wireless may terminate its provision of Verizon Hub interconnected VoIP service in the Service Areas on or after September 1, 2011. 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 August 10, 2011. Such comments should refer to WC Docket No. 11-126 and Comp. Pol. File No. 997. 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 3 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 –