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 13-1657 Released: July 26, 2013 COMMENTS INVITED ON APPLICATION OF AVENTURE COMMUNICATION TECHNOLOGY, LLC TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 13-148 Comp. Pol. File No. 1110 Comments Due: August 12, 2013 Section 214 Application Applicant: Aventure Communication Technology, LLC On May 14, 2013, Aventure Communication Technology, LLC (Aventure or Applicant), located at 401 Douglas Street, Suite 406, Sioux City, IA 51101, 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 Iowa, Nebraska and South Dakota (collectively, Service Areas).1 Aventure indicates that it currently offers local, long distance (intrastate, interstate and international) and switched access telecommunications services (Affected Services) in the Service Areas. Aventure emphasizes, however, that it has only served customers in Iowa, and that it has no customers in either Nebraska or South Dakota. Aventure explains that it currently serves 14 retail business customers, 169 retail residential customers, and 14 wholesale switched access customers in Iowa. Aventure states, however, that it intends to discontinue its wireline telephone operations entirely in the Service Areas. Aventure specifies that it plans to discontinue the Affected Services in the Service Areas on August 10, 2013, or upon Commission approval of the discontinuance, whichever occurs later.2 According to Aventure, affected retail customers reside in service territory served by the incumbent carrier, Northwest Iowa Telephone d/b/a Long Lines, and the incumbent carrier offers services comparable to those offered by Aventure. Aventure maintains that it has notified Iowa customers that they should contact alternative service providers as soon as possible. Aventure specifically indicates that it sent written notice of the proposed discontinuance to its retail customers in Iowa by U.S. Mail on May 9, 2013, and to its wholesale customers in Iowa by U.S. Mail between May 10, 2013 and May 14, 2013. Aventure states that it is considered non-dominant with respect to the services to be discontinued. 1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application on May 20, 2013. Aventure’s application also was initially determined to be in red light status, but it has since completed payment of outstanding debts in order to clear its red light status. 2 The discontinuance of international service is governed by 47 C.F.R. § 63.19. 2In accordance with section 63.71(c) of the Commission’s rules, Aventure’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 Aventure that the grant will not be automatically effective. In its application, Aventure indicates that it plans to discontinue the Affected Services in the Service Areas on August 10, 2013, or upon Commission approval of the discontinuance, whichever occurs later. Accordingly, pursuant to section 63.71(c) and the terms of Aventure’s application, absent further Commission action, Aventure may discontinue the Affected Services in the Service Areas on or after August 26, 2013. 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 August 12, 2013. Such comments should refer to WC Docket No. 13-148 and Comp. Pol. File No. 1110. 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.3 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 3 47 C.F.R. §§ 1.1200 et seq. 3written 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 –