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 12-1929 Released: November 30, 2012 COMMENTS INVITED ON APPLICATION OF COMCAST PHONE, LLC D/B/A CIMCO, A DIVISION OF COMCAST BUSINESS SERVICES TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES WC Docket No. 12-346 Comp. Pol. File No. 1069 Comments Due: December 17, 2012 Section 214 Application Applicant: Comcast Phone, LLC d/b/a CIMCO, a Division of Comcast Business Services On October 25, 2012, Comcast Phone, LLC d/b/a CIMCO, a Division of Comcast Business Services (Comcast Phone or Applicant), located at One Comcast Center, 1701 John F. Kennedy Boulevard, Philadelphia, PA 19103, 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 a certain domestic telecommunications service in Illinois, Indiana, Michigan, New Jersey and North Carolina (collectively Service Areas).1 Comcast Phone indicates that it currently offers AT&T Premier Calling Card Service to customers in the Service Areas. Comcast Phone describes its AT&T Premier Calling Card Service as a postpaid calling card service that permits the customer to charge the principal presubscribed location for a call while the customer is away from the principal location, using a particular identified third-party vendor as the underlying carrier. Comcast Phone explains that it provides its AT&T Premier Calling Card Service to enterprise customers that then distribute the cards to selected employees. According to Comcast Phone, there are approximately 59 customers of AT&T Premier Calling Card Service and only 16 of those customers have been active in the past six months. Comcast Phone therefore submits that it plans to discontinue offering and providing AT&T Premier Calling Card Service in the Service Areas on December 31, 2012, subject to Commission authorization.2 Comcast Phone maintains that the proposed discontinuance will not result in material harm to the affected customers because they can easily obtain alternatives from other providers, and they will retain all of their other telecommunications services that 1 Comcast Phone’s application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau on November 1, 2012. 2 Comcast Phone states that it provides domestic interstate and international telecommunications services. Discontinuance of international service is governed by 47 C.F.R. § 63.19. Comcast Phone asserts that it has simultaneously filed notice of the proposed discontinuance with the International Bureau pursuant to Section 63.19 of the Commission’s rules. 2Comcast Phone provides. Comcast Phone indicates that it notified all affected customers of the proposed discontinuance by letters sent via the U.S. Postal Service on October 25, 2012. Comcast Phone states that it is non-dominant with respect to the service it proposes to discontinue. In accordance with section 63.71(c) of the Commission’s rules, Comcast Phone’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 Comcast Phone that the grant will not be automatically effective. In its application, Comcast Phone indicates that it plans to discontinue its AT&T Premier Calling Card Service in the Service Areas on December 31, 2012, subject to Commission authorization. Accordingly, pursuant to section 63.71(c) and the terms of Comcast Phone’s application, absent further Commission action, Comcast Phone may terminate its AT&T Premier Calling Card Service in the Service Areas on or after December 31, 2012, in accordance with Comcast Phone’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 December 17, 2012. Such comments should refer to WC Docket No. 12-346 and Comp. Pol. File No. 1069. 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.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 3 47 C.F.R. §§ 1.1200 et seq. 3presentation (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 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 –