PUBLIC NOTICE Federal Communications Commission 445 12 th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 15-561 Released: May 8, 2015 COMMENTS INVITED ON APPLICATION OF WALDRON TELEPHONE COMPANY TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 15-109 Comp. Pol. File No. 1217 Comments Due: June 8, 2015 Section 214 Application Applicant: Waldron Telephone Company On April 24, 2015, Waldron Telephone Company (Waldron Telephone or Applicant), located at P.O Box 197, 115 South Main Street, Waldron, MI 49288, 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 within the company’s service area in southeastern Michigan including portions of Hillsdale County and Lenawee County (Service Areas). 1 On May 7, 2015, Waldron Telephone filed an amendment to update the record regarding the notice provided to customers. 2 Accordingly, Waldron Telephone’s application is deemed complete as of May 7, 2015. Waldron Telephone indicates that it currently offers “0” dialing for local operator services, “0 + 10” dialing for operator-assisted calling services and operator-assisted calling card services, Busy Line Verification and Busy Line Interrupt services in the Service Areas (Affected Services). Waldron Telephone asserts, however, that there has been a lack of customer demand for the Affected Services with operator services time for the preceding 12 months totaling only 13.8 minutes. Accordingly, Waldron Telephone submits that it made a business decision to discontinue the Affected Services in the Service Areas on or after June 30, 2015, subject to regulatory approval. Waldron Telephone states that it sent written notice of the proposed discontinuance to all affected customers on April 24, 2015 via bill inserts sent by U.S. Mail and as part of electronic bills. Waldron Telephone also indicates that it published additional notice of the discontinuance in two local newspapers and on its website. The Applicant maintains that customers will not be adversely affected by the proposed discontinuance because they are using new technologies and choosing widely available alternatives to the Affected Services. Waldron Telephone asserts that it is considered dominant with respect to the services it proposes to discontinue. 1 See Section 63.71 Application of Waldron Telephone Company for Authority to Discontinue Certain Services, WC Docket No. 15-109 (filed Apr. 24, 2015), http://apps.fcc.gov/ecfs/comment/view?id=60001029992. 2 See Letter from Valerie Wimer, Vice President, on behalf of Mark Bernath, President, Waldron Telephone Company, to Marlene H. Dortch, Secretary, Federal Communications Commission (filed May 7, 2015) (posted in the ECFS on May 8, 2015), http://apps.fcc.gov/ecfs/comment/view?id=60001031063. 2 In accordance with section 63.71(c) of the Commission’s rules, Waldron Telephone’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 Waldron Telephone that the grant will not be automatically effective. In the notice to customers, Waldron Telephone indicates that it plans to discontinue the Affected Services in the Service Areas on or after June 30, 2015, subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of Waldron Telephone’s notice to customers, absent further Commission action, Waldron Telephone may discontinue the Affected Services in the Service Areas on or after July 7, 2015, in accordance with Waldron Telephone’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 June 8, 2015. Such comments should refer to WC Docket No. 15-109 and Comp. Pol. File No. 1217. 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://apps.fcc.gov/ecfs. 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, 3 47 C.F.R. §§ 1.1200 et seq. 3and (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 –