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 13-2183 Released: November 14, 2013 COMMENTS INVITED ON APPLICATION OF MCI COMMUNICATIONS SERVICES, INC. D/B/A VERIZON BUSINESS SERVICES TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 13-247 Comp. Pol. File No. 1122 Comments Due: November 29, 2013 Section 214 Application Applicant: MCI Communications Services, Inc. d/b/a Verizon Business Services On September 3, 2013, MCI Communications Services, Inc. d/b/a Verizon Business Services (Verizon Business or Applicant), located at One Verizon Way, Basking Ridge, NJ 07920, 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 the contiguous 48 states, as well as in Hawaii and the District of Columbia (collectively Service Areas).1 With an amendment filed on November 5, 2013, Verizon Business updated the record regarding notice to customers.2 Accordingly, Verizon Business’s application is deemed complete as of November 5, 2013. Verizon Business indicates that it currently offers Private Line DS0 Service (64 kbps or less) in the Service Areas through its Metro Private Line DS0 service and U.S. Private Line DS0 service offerings (collectively, Affected Services).3 Verizon Business describes Private Line DS0 Service as a point-to- 1 See Letter from Frederick Moacdieh, Executive Director – Federal Regulatory Affairs, Verizon, to Marlene H. Dortch, Secretary, Federal Communications Commission, Attach., WC Docket No. 13-247 (filed Sept. 3, 2013) (Application). 2 See Letter from Frederick Moacdieh, Executive Director – Federal Regulatory Affairs, Verizon, to Ms. Marlene H. Dortch, Secretary, Federal Communications Commission, Attach., WC Docket No. 13-247 (filed Nov. 5, 2013) (Amendment). 3 Application at 1-2. Verizon Business states that the terms and conditions under which Verizon Business offers Metro Private Line DS0 service and U.S. Private Line DS0 service are available on the Internet in Verizon Business’s Service Publication and Price Guide as follows: http://www.verizonenterprise.com/external/service_guide/reg/cp_access_mpls_metro_private_line_service.htm.; and http://www.verizonenterprise.com/external/service_guide/reg/cp_uspl_us_private_line_services.htm. Application at 2. 2point communications channel that offers two-way simultaneous transmission, voice, video, and data services over non-switched, non-usage sensitive dedicated facilities.4 Verizon Business explains, however, that it plans to discontinue the Affected Services because demand is declining as the marketplace moves to next-generation technologies that provide higher bandwidths, a wider range of applications, and greater value.5 In the Amendment, Verizon Business indicates that it plans to grandfather and eventually discontinue the Affected Services in the Service Areas. Verizon Business specifies that, on or after December 4, 2013 and subject to Commission approval, it plans to no longer offer the Affected Services in the Service Areas subject to certain terms.6 Verizon Business maintains that, on or after that date, existing customers will be able to retain the Affected Services and Verizon Business will continue to accept orders for moves, adds and changes in accordance with the terms and conditions of their agreements.7 Verizon Business further notes that it will continue to provide the Affected Services on a month-to-month basis after the expiration of customers’ contracts, until Verizon Business discontinues the Affected Services completely upon six months’ written notice, or until the customers terminate their Affected Services.8 Verizon Business asserts that the public convenience and necessity will not be impaired by this discontinuance because customers can choose from many alternative services, including Private IP service, Ethernet services, and private-line services that other providers currently offer, including carriers affiliated with Verizon Business. Verizon Business indicates that it initially mailed notice of the proposed discontinuance to affected customers via U.S. mail and overnight courier on or before September 3, 2013, and that it sent written notice to the additional 35 affected customers that it later identified as of November 5, 2013. Verizon Business states that it is considered non-dominant with respect to the services to be discontinued. In accordance with section 63.71(c) of the Commission’s rules, Verizon Business’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 Verizon Business that the grant will not be automatically effective. In the amended application and notice to customers, Verizon Business indicates that on or after December 4, 2013 and subject to Commission approval, it plans to grandfather and eventually discontinue the Affected Services in the Service Areas. Accordingly, pursuant to section 63.71(c) and the terms of Verizon Business’s amended application and notice, absent further Commission action, Verizon Business may cease to offer and may discontinue the Affected Services in the Service Area on or after December 15, 2013, in accordance with Verizon Business’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. 4 Application at 2. 5 Application at 3. 6 Amendment at 2. In its original application, Verizon Business stated that it planned on discontinuing the Affected Services on or after November 4, 2013, subject to the Commission’s authorization. Application at 1. In the Amendment, Applicant indicates that it later identified an additional 35 affected customers to whom it sent notices that included updated dates for the discontinuance. Amendment at 1. 7 Application at 1-2. 8 Amendment at 2. According to Verizon Business, month-to-month customers will initially be able to submit orders for moves, adds or changes, but at some point after the Commission grants this application and before Verizon Business discontinues the Affected Services completely, Verizon Business intends to discontinue accepting orders for moves, adds, or changes for these customers with at least sixty days’ written notice. See Application at 2. 3Comments objecting to this application must be filed with the Commission on or before November 29, 2013. Such comments should refer to WC Docket No. 13-247 and Comp. Pol. File No. 1122. 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.9 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. 9 47 C.F.R. §§ 1.1200 et seq. 4People 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 Gregory Kwan, (202) 418-1191 (voice), Gregory.Kwan@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 –