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 11-13 Released: January 5, 2011 COMMENTS INVITED ON APPLICATION OF DIGITAL TELECOMMUNICATIONS INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 11-2 Comp. Pol. File No. 970 Comments Due: January 20, 2011 Section 214 Application Applicant: Digital Telecommunications Inc. On December 17, 2010, Digital Telecommunications Inc. (DTI or Applicant), located at 111 Riverfront, Suite 305, Winona, Minnesota 55987, 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 Iowa and Minnesota (collectively Service Areas).1 DTI indicates that it currently provides local exchange, interexchange and international services to business and residential customers in the Service Areas. DTI specifies that its services include facility- based local and long distance service, high speed data connectivity such as DSL, T1 and Ethernet, other telecommunications-related products, and similar resold telecommunications services purchased from other carriers. DTI, however, states that it filed a petition for reorganization under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Minnesota on August 17, 2010, and that it is financially unable to continue operations. Consequently, DTI indicates that it now plans to discontinue services to all of its customers, disconnect its interconnections with other carriers, cancel its certificates and cease operations on January 13, 2011.2 DTI maintains that the proposed discontinuance of these services will not adversely affect the public convenience and necessity because the affected customers have a reasonable opportunity to transition to alternative service providers and a wide range of alternative voice and data local exchange and interexchange services from which to choose. DTI indicates that, on December 9, 2010, it mailed notice of the proposed discontinuance to affected customers via First Class U.S. Mail in accordance with the requirements of section 63.71(a) of the Commission’s rules, and that it also posted a copy of customer notices on its website at www.pickDTI.com. DTI asserts that also intends to directly contact remaining customers on or about January 6, 2011 in order to assist with any transition issues. DTI states that it is considered non-dominant with respect to the services to be discontinued. 1 DTI’s application was determined to be in red light status, but DTI subsequently forwarded required information regarding its bankruptcy and its red light status has since been cleared. 2 Discontinuance of international service is governed by 47 C.F.R. § 63.19. 2 In accordance with section 63.71(c) of the Commission’s rules, DTI’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 DTI that the grant will not be automatically effective. Accordingly, pursuant to section 63.71(c), absent further Commission action, DTI will automatically receive authority to terminate the affected services in the Service Areas on or after February 5, 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 January 20, 2011. Such comments should refer to WC Docket No. 11-2 and Comp. Pol. File No. 970. 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. 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 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 –