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 11-786 Released: April 28, 2011 COMMENTS INVITED ON APPLICATION OF NATIONAL BRANDS, INC. D/B/A SHARENET COMMUNICATIONS COMPANY TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 11-67 Comp. Pol. File No. 987 Comments Due: May 13, 2011 Section 214 Application Applicant: National Brands, Inc. d/b/a Sharenet Communications Company On April 11, 2011, National Brands, Inc. d/b/a Sharenet Communications Company (Sharenet or Applicant), located at 4633 West Polk Street, Phoenix, AZ 85043, 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 Arizona, California, Colorado, Idaho, Indiana, Kentucky, Michigan, Minnesota, Montana, Nevada, New Mexico, Ohio, Oregon, Texas, Utah and Wyoming (Service Areas). By an amendment filed April 19, 2011, Sharenet corrected certain deficiencies in its initial application and updated the record regarding notice to state entities.1 Accordingly, Sharenet’s application is deemed complete as of April 19, 2011. Sharenet indicates that it currently provides local services only in Arizona, and that a separate application is pending for the acquisition of Sharenet’s local service assets by Integra Telecom Holdings, Inc.2 Sharenet further indicates that it provides Alternative Operator Services in the Service Areas as a reseller of domestic and international telecommunications services. Sharenet explains that it provides Alternative Operator Services, through hotel and pay telephone aggregators, to transient customers who are not presubscribed to its service. Sharenet, however, states that the alternative operator service industry is in decline in large part due to the growth of wireless services, and that revenues have declined to a point where it is no longer a viable line of business for the company. Sharenet indicates that it plans to discontinue the provision of all affected services in the Service Areas on or after June 1, 2011, subject to regulatory approval.3 Sharenet maintains that the public convenience and necessity will not be adversely affected because customers will be able to receive the same service or a reasonable substitute 1 Sharenet’s application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau on April 14, 2011, and Sharenet’s amendment was subsequently received on April 27, 2011. 2 See WC Docket No. 10-225. 3 Discontinuance of international service is governed by 47 C.F.R. § 63.19. 2 from a wide array of other carriers throughout the country, and Sharenet aggregators who are not already set up with an alternative carrier will only need to reprogram their pay telephone dialers to route AOS or PBX calls to an alternative operator service provider. Sharenet indicates that it does not have presubscribed customers but it did send letters by U.S. Mail on October 29, 2010 to inform the hotel and pay telephone aggregators who facilitate the use of Sharenet’s services of the proposed discontinuance. Sharenet states that it is non-dominant with respect to the services it proposes to discontinue. In accordance with section 63.71(c) of the Commission’s rules, Sharenet’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 Sharenet that the grant will not be automatically effective. In its amended application and notice to hotels and pay telephone aggregators, Sharenet indicates that it plans to discontinue services on or after June 1, 2011, subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of Sharenet’s amended application and notice, absent further Commission action, Sharenet may terminate all affected services in the Service Areas on or after June 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 May 13, 2011. Such comments should refer to WC Docket No. 11-67 and Comp. Pol. File No. 987. 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 file an original and four copies 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 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. 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 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 –