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 12-1694 Released: October 22, 2012 COMMENTS INVITED ON APPLICATION OF ABC TELCOM, INC. D/B/A HOMEFONE TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 12-309 Comp. Pol. File No. 1056 Comments Due: November 6, 2012 Section 214 Application Applicant: ABC Telcom, Inc. d/b/a homefone On September 25, 2012, ABC Telcom, Inc. d/b/a homefone (Homefone or Applicant), located at 3100 Ridgelake Drive, Suite 206, Metairie, LA 70002, 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 certain domestic telecommunications services in Louisiana. Homefone indicates that it currently offers prepaid wireline service packages in Louisiana including resold residential local exchange services and interexchange services (intrastate and interstate).1 Homefone explains that its customers purchase these prepaid services on a monthly basis and that customer “renewal” dates occur throughout each month, based upon the time when individual customers started service. Homefone states that, in response to changing market conditions, it has determined that it is no longer feasible to offer its current prepaid wireline service packages. Homefone indicates that it has therefore decided to discontinue its prepaid wireline residential local exchange and interexchange services in Louisiana. Homefone specifies that it plans to discontinue services on a schedule synchronized to each customer’s renewal date starting on or about November 25, 2012 and ending on or about December 25, 2012, subject to regulatory approval. According to Homefone, written notice of the planned discontinuance was sent to affected customers by first-class mail on September 25, 2012. Homefone indicates that the notice to customers identifies each customer’s specific discontinuance date and provides a toll-free telephone number for customers to call Homefone service representatives for assistance with the proposed transition. In addition, Homefone emphasizes that, notwithstanding the staggered discontinuance dates, all customer notices will have been sent at least 60 days in advance of the planned discontinuance. Homefone maintains that its approach to this discontinuance will create the least disruption for its customers and that the planned discontinuance will not result in harm to affected customers because equivalent service offerings are available from other carriers, including the underlying carriers whose services Homefone resells. Homefone adds that one or more other carriers in Louisiana provide similar prepaid packages and that many more carriers, including the incumbent carrier, provide these services on a post-paid basis. Homefone represents that it is non-dominant with respect to the services it proposes to discontinue. 1 Homefone states that it currently does not have any interexchange services customers. 2In accordance with section 63.71(c) of the Commission’s rules, Homefone’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 Homefone that the grant will not be automatically effective. In its application, Homefone indicates that it plans to discontinue prepaid wireline residential local exchange and interexchange services in Louisiana on a schedule synchronized to each customer’s renewal date starting on or about November 25, 2012, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of Homefone’s application, absent further Commission action, Homefone may terminate prepaid wireline residential local exchange and interexchange services in Louisiana on or after November 25, 2012, in accordance with Homefone’s 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. Comments objecting to this application must be filed with the Commission on or before November 6, 2012. Such comments should refer to WC Docket No. 12-309 and Comp. Pol. File No. 1056. 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 may be filed electronically using the Internet by accessing the ECFS: 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. This proceeding is considered a “permit but disclose” proceeding for purposes of the Commission’s ex parte rules.2 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all 2 47 C.F.R. §§ 1.1200 et seq. 3persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. 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 Kimberly Jackson, (202) 418-7393 (voice), kimberly.jackson@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 –