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 12-2018 Released: December 12, 2012 COMMENTS INVITED ON APPLICATION OF GTE SOUTHWEST INCORPORATED (D/B/A VERIZON SOUTHWEST), VERIZON CALIFORNIA INC., VERIZON DELAWARE LLC, VERIZON FLORIDA LLC, VERIZON MARYLAND INC., VERIZON NEW ENGLAND INC., VERIZON NEW JERSEY INC., VERIZON NEW YORK INC., VERIZON NORTH LLC, VERIZON PENNSYLVANIA LLC, VERIZON SOUTH INC., VERIZON VIRGINIA LLC AND VERIZON WASHINGTON, DC INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 12-356 Comp. Pol. File No. 1064 Comments Due: January 11, 2013 Section 214 Application Applicants: GTE Southwest Incorporated (d/b/a Verizon Southwest), Verizon California Inc., Verizon Delaware LLC, Verizon Florida LLC, Verizon Maryland Inc., Verizon New England Inc., Verizon New Jersey Inc., Verizon New York Inc., Verizon North LLC, Verizon Pennsylvania LLC, Verizon South Inc., Verizon Virginia LLC and Verizon Washington, DC Inc. On November 1, 2012, GTE Southwest Incorporated (d/b/a Verizon Southwest), located at 600 Hidden Ridge, Irving, TX 75038; Verizon California Inc., located at 2535 W. Hillcrest Drive, CAM21LB, Newbury Park, CA 91320; Verizon Delaware LLC, Verizon North LLC and Verizon Pennsylvania LLC, located at 1717 Arch Street, Philadelphia, PA 19103; Verizon Florida LLC, located at 610 Zack Street, Tampa, FL 33602; Verizon Maryland Inc., located at 1 East Pratt Street, Baltimore, MD 21202; Verizon New England Inc., located at 125 High Street – Oliver Tower 7th Floor, Boston, MA 02110; Verizon New Jersey Inc., located at 540 Broad Street, Newark, NJ 07102; Verizon New York Inc., located at 140 West Street, New York, NY 10007; Verizon South Inc. and Verizon Virginia LLC, located at 703 East Grace Street, Richmond, VA 23219; and Verizon Washington, DC Inc., located at 1300 I Street, N.W., Suite 400 West, Washington, D.C. 20005 (collectively Verizon or Applicants), filed a joint 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 a certain domestic telecommunications service in California, Connecticut, Delaware, Florida, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Texas, Virginia and Washington, D.C. (collectively Service Areas). The application indicates that Verizon currently offers interstate frame relay service at speeds less than 200 kbps (Frame Relay service) in the Service Areas. Verizon describes Frame Relay service as a public metropolitan and wide-area data service that utilizes packet switching technology and digital transmission facilities to provide a data delivery service primarily used by commercial customers. Verizon states, however, that there are plans to discontinue Frame Relay service in the Service Areas because of declining market demand. In the notice to customers, Verizon explains that, on or after 2February 15, 2013 and subject to Commission authorization, Verizon plans to no longer offer Frame Relay service to the public subject to certain grandfathering restrictions. Verizon specifies that, on or after February 15, 2013, existing customers will be able to continue to make moves or changes to existing service as long as the term commitment is not extended, but they will not be permitted to add new circuits unless their agreement expressly permits it. Verizon further specifies that existing customers will retain their service until the expiration of their minimum or contracted term, subject to Verizon generally discontinuing Frame Relay Service in the Service Areas. According to Verizon, no renewals or extensions of Frame Relay service will be permitted following the expiration of minimum or contracted terms, and customers will be asked to transition to alternative services. Nevertheless, Verizon indicates that, as customers transition, it will continue to provide Frame Relay service on a month-to-month basis until the service is terminated by the customer or Verizon as applicable. Verizon maintains that the public convenience and necessity will not be impaired by the proposed discontinuance because next generation technologies that provide higher bandwidths and a wider range of applications have substantially replaced Frame Relay service in the marketplace. Verizon asserts that affected customers were notified of the proposed discontinuance by letters sent via U.S. mail and overnight courier on or before November 1, 2012. The application indicates that Verizon is considered dominant with respect to the service to be discontinued. In accordance with section 63.71(c) of the Commission’s rules, Verizon’s application will be deemed to be granted automatically on the 60th day after the release date of this public notice, unless the Commission notifies Verizon that the grant will not be automatically effective. In the notice to customers, Verizon indicates that on or after February 15, 2013 and subject to Commission authorization, Verizon plans to no longer offer Frame Relay service to the public subject to certain grandfathering restrictions governing the wind down and eventual termination of Verizon’s Frame Relay service. Accordingly, pursuant to section 63.71(c) and the terms of Verizon’s notice, absent further Commission action, Verizon may cease to offer and may discontinue Frame Relay service in the Service Areas on or after February 15, 2013, in accordance with Verizon’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 January 11, 2013. Such comments should refer to WC Docket No. 12-356 and Comp. Pol. File No. 1064. 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. 3Postal 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 Applicants. 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.1 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 persons 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 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 – 1 47 C.F.R. §§ 1.1200 et seq.