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 13-78 Released: January 18, 2013 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. 13-21 Comp. Pol. File No. 1076 Comments Due: February 19, 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 December 21, 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, located at 901 Tatnall Street, Wilmington, DE 19801; 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 North LLC and Verizon Pennsylvania LLC, located at 1717 Arch Street, Philadelphia, PA 19103; 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 certain domestic telecommunications services throughout Verizon’s service territory in California, Connecticut, Delaware, Florida, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Texas, Virginia and the District of Columbia (collectively Service Areas). The application indicates that Verizon currently offers Busy Line Verification (BLV), Busy Line Verification with Interrupt (BLV/I) and Operator Transfer Service (OTS) (collectively Affected Services) 2to interexchange carriers (IXCs) in the Service Areas.1 Verizon describes BLV and BLV/I as services that allow an IXC’s operator to contact a Verizon operator over direct trunking arrangements in order to request verification and, as applicable, interruption of a Verizon line number that is ringing busy. Verizon explains that, with BLV service, a Verizon operator will attempt to verify a busy line condition and inform a requesting IXC operator of the line status (e.g., engaged or pending repair) without ever speaking to the IXC’s end user customer. Verizon adds that, with BLV/I, Verizon will not only inform the IXC’s operator of the line status, but can also interrupt the Verizon customer’s ongoing conversation to announce the name of the IXC’s customer. Verizon states that the Verizon customer can then choose to continue its ongoing call or to disconnect that call and receive the IXC customer’s call. Verizon describes OTS as a service for IXCs that allows a Verizon local exchange carrier (LEC) operator to transfer Verizon customers to a preferred or available IXC operator service when the customer dials zero and asks to be transferred in order to make an interLATA call. Verizon explains that, upon transfer, the caller becomes the IXC’s end user customer and the IXC can then complete the customer’s long distance call. Verizon states that it bills the IXC and not the caller for OTS. Verizon also states that the IXC must subscribe to OTS and install and maintain call transfer trunks in every Local Access and Transport Area (LATA) in which the IXC seeks to receive operator transferred calls from Verizon. Verizon indicates, however, that there are plans to discontinue the Affected Services in the Service Areas on or after April 6, 2013, subject to Commission authorization. Verizon submits that new technologies, new products and services, and changing customer demand have rendered BLV and BLV/I unnecessary and obsolete. In fact, Verizon explains that it has experienced more than a 93% decline in BLV and BLV/I usage since 2002. Verizon asserts that customers are increasingly using other more modern technologies such as caller ID, call waiting, voicemail, texting, instant messaging, wireless calls and emails to inform them when someone is trying to communicate while their telephone line is in use. According to Verizon, voicemail and call waiting technically preclude line verification services and callers rarely if ever hear busy signals where these services are deployed.2 Verizon submits that demand for OTS also has significantly declined over time. According to Verizon, OTS call volumes have declined more than 99% since 2002, and only a few carriers still subscribe to OTS in select LATAs. Verizon indicates that OTS originated before full equal access and toll presubscription. Verizon also states that customers now can reach their preferred primary IXC operator by dialing 00, or can reach a different IXC carrier using widely available 10-10 dial around services. Verizon furthermore maintains that general consumer use of collect, bill-to-third-number and other operator service calls has declined with the prevalence of wireless, cable, VoIP and wireline unlimited calling plan options. Verizon therefore asserts that the public convenience and necessity will not be harmed by the proposed discontinuance of Affected Services. Verizon states that affected customers were notified of the proposed discontinuance by letters sent via overnight courier on December 20, 2012. The application indicates that Verizon is considered dominant with respect to the services 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 1 Verizon notes that these services are referred to in some Verizon tariffs under different names. Verizon specifies that BLV and BLV/I are also known as Line Status Verification and Line Status Verification with Call Interruption, and that OTS is also known as Operator Passthrough Service in some Verizon areas. Verizon emphasizes that this application encompasses Line Status Verification, Line Status Verification with Call Interruption and Operator Passthrough Service as well. Any reference herein to BLV, BLV/I or OTS shall therefore include these services, as applicable, under any of the alternative names listed above. 2 Verizon states that approximately 40 percent of Verizon’s residential telephone numbers have voicemail or call waiting and most of Verizon’s business telephone numbers have voicemail. Verizon adds that BLV and BLV/I also do not work on fax or data lines. 3Commission notifies Verizon that the grant will not be automatically effective. In the application and notice to customers, Verizon indicates that on or after April 6, 2013 and subject to Commission authorization, Verizon plans to discontinue BLV, BLV/I and OTS in the Service Areas. Accordingly, pursuant to section 63.71(c) and the terms of Verizon’s application and notice, absent further Commission action, Verizon may discontinue BLV, BLV/I and OTS in the Service Areas on or after April 6, 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 February 19, 2013. Such comments should refer to WC Docket No. 13-21 and Comp. Pol. File No. 1076. 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 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.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 written comments, memoranda or other filings in the proceeding, the presenter may provide citations to 3 47 C.F.R. §§ 1.1200 et seq. 4such 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 –