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 15-578 Released: May 12, 2015 COMMENTS INVITED ON APPLICATION OF AT&T CORP. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 15-89 Comp. Pol. File No. 1213 Comments Due: May 27, 2015 Section 214 Application Applicant: AT&T Corp. On April 2, 2015, AT&T Corp. (AT&T or Applicant), located at 675 W. Peachtree St., Atlanta, GA 30046, 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 grandfather and eventually discontinue certain domestic telecommunications services in all 50 states including the District of Columbia and the U.S. territories of American Samoa; Commonwealth of the Northern Mariana Islands, Saipan; Guam; Puerto Rico; and the U.S. Virgin Islands (Service Areas). 1 On May 4, 2015, AT&T filed an amendment to correct certain deficiencies in its application and update the record regarding the notice provided to customers. 2 AT&T indicates that it currently offers AT&T Corporate Calling Card Service (Calling Card Service or Affected Service) in the Service Areas. AT&T describes its Calling Card Service as a long distance travel card that allows users to place intrastate, interstate and/or international calls by dialing a company-provided toll-free access code or number. AT&T states, however, that calling card usage has been declining for several years as a result of the market growth of other communication methods, including mobile phones, email, social media streams and voice over IP. Accordingly, AT&T indicates that it plans to grandfather the Affected Service and no longer offer it to new customers in the Service Areas on or after May 15, 2015, subject to Commission authorization. 3 AT&T specifies that, effective May 15, 2015, it plans to no longer renew Calling Card Service to current customers within their Virtual 1 See Section 63.71 Application of AT&T Corp. For Authority Pursuant to Section 214 of The Communications Act of 1934, As Amended, To Discontinue the Provision of Service, WC Docket No. 15-89 (filed Apr. 2, 2015) (posted in the ECFS on April 3, 2015), http://apps.fcc.gov/ecfs/comment/view?id=60001028116 (Application). 2 See Letter from Terri L. Hoskins, General Attorney, AT&T Services Inc. to Marlene Dortch, Federal Communications Commission (filed May 4, 2015) (posted in the ECFS on May 5, 2015), http://apps.fcc.gov/ecfs/comment/view?id=60001030821 (Amendment Letter). 3 The discontinuance, reduction or impairment of international service is governed by section 63.19 of the Commission’s rules. See 47 C.F.R. § 63.19. 2Telecommunications Network Service (VTNS) agreements. AT&T explains that upon expiration of its customers’ VTNS term agreements it instead will provide the Affected Service on a month-to-month basis until the service is eventually discontinued. AT&T adds that, on or after June 1, 2016, it plans to no longer accept moves, additions and change orders from existing customers such that requests for physical changes to the Affected Service, including the addition, replacement or modifications to calling cards, or the installation/activation of new calling card service will not be accepted. In addition, AT&T submits that it eventually plans to discontinue the Affected Service to existing customers in the Service Areas on or after December 31, 2016, subject to Commission authorization. AT&T maintains that the public convenience and necessity will not be impaired by this proposed discontinuance due to the significant and continuing decline of the service and the availability of many alternative options. AT&T states that it sent a letter to affected customers regarding the proposed discontinuance via first class U.S. Mail on April 1, 2015. AT&T represents that, on April 22, 2015, it mailed a revised notice to affected customers that is consistent with section 63.71(a)(5)(i) of the Commission’s rules. 4 AT&T asserts that it is considered non- dominant with respect to the service to be discontinued. In accordance with section 63.71(c) of the Commission’s rules, AT&T’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 AT&T that the grant will not be automatically effective. In the Application and revised notice, AT&T indicates that it plans to grandfather the Affected Service for existing customers and to cease offering the Affected Service to new customers in the Service Areas on or after May 15, 2015, subject to Commission authorization. AT&T also states that, on or after June 1, 2016, it plans to restrict service to existing customers by no longer accepting moves, additions and change orders for the Affected Service. AT&T further indicates that it plans to eventually discontinue the Affected Service in the Service Areas on or after December 31, 2016, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of the Application and notice to customers, absent further Commission action, AT&T may cease offering the Affected Service to new customers and may apply restrictions on service to existing customers in the Service Areas on or after June 12, 2015, in accordance with its filed representations. In addition, pursuant to section 63.71(c) and the terms of the Application and notice to customers, absent further Commission action, AT&T may discontinue the Affected Service to existing customers in the Service Areas on or after December 31, 2016, in accordance with its 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 May 27, 2015. Such comments should refer to WC Docket No. 15-89 and Comp. Pol. File No. 1213. 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 4 See Amendment Letter at 1. Counsel for AT&T has confirmed with Commission staff that the revised notice was sent by mail to affected customers. 3U.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. 5 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 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 – 5 47 C.F.R. §§ 1.1200 et seq.