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 11-610 Released: April 4, 2011 COMMENTS INVITED ON APPLICATION OF WINDSTREAM NORLIGHT, INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 11-62 Comp. Pol. File No. 986 Comments Due: April 19, 2011 Section 214 Application Applicant: Windstream Norlight, Inc. On March 28, 2011, Windstream Norlight, Inc. (Windstream or Applicant), located at 4001 Rodney Parham Rd., Little Rock, AR 72212, 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 the provision of certain domestic telecommunications services in Kentucky. By an amendment filed April 1, 2011, Windstream corrected certain deficiencies in its initial application and updated the record regarding notice to customers. Accordingly, Windstream’s application is deemed complete as of April 1, 2011. Windstream indicates that it currently provides local exchange services including calling features, domestic long distance and exchange access services to approximately 120 residential customers in and around Glasgow, Kentucky (Service Area). Windstream explains that it provides these services on a full facilities basis in partnership with Farmers Rural Electric Cooperative Corporation (FRECC). Windstream states, however, that FRECC and Windstream have agreed that the operation is no longer financially beneficial and have decided to terminate the arrangement. Windstream indicates that it plans to discontinue the provision of all affected services in the Service Area on or after April 30, 2011, subject to regulatory approval. Windstream maintains that the public will not be unduly harmed by the proposed discontinuance because they have been provided with ample notice and have comparable options available to them from Windstream’s affiliate, Windstream Kentucky East, LLC. Windstream indicates that it sent letters by First Class U.S. Mail on March 25, 2011 to inform all affected customers of the proposed discontinuance. Windstream asserts that, on April 1, 2011, it later mailed corrected notices in compliance with section 63.71 of the Commission’s rules. Windstream states that it is non-dominant with respect to the services it proposes to discontinue. In accordance with section 63.71(c) of the Commission’s rules, Windstream’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 Windstream that the grant will not be automatically effective. In its application and notice to customers, Windstream indicates that it plans to discontinue services on or after April 30, 2011, subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of Windstream’s application and notice, absent further Commission action, Windstream may terminate all affected services 2 in the Service Area on or after May 5, 2011. 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. This proceeding is considered a “permit but disclose” proceeding for purposes of the Commission’s ex parte rules, 47 C.F.R. §§ 1.1200-1.1216. Comments objecting to this application must be filed with the Commission on or before April 19, 2011. Such comments should refer to WC Docket No. 11-62 and Comp. Pol. File No. 986. 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 filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/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 may also submit an electronic comment by Internet e- mail. To get filing instructions for e-mail comments, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. Parties who choose to file by paper must file an original and four copies 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 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. The application will be available for public inspection and copying during regular business hours at the FCC Reference Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554, (202) 418-0270. A copy of the application may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail at FCC@BCPIWEB.COM. 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 3 further information on procedures regarding section 214 please visit http://www.fcc.gov/wcb/cpd/other_adjud. – FCC –