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COMMENTS INVITED ON APPLICATION OF ENHANCED COMMUNICATIONS OF NORTHERN NEW ENGLAND INC. D/B/A FAIRPOINT LONG DISTANCE - NNE AND FAIRPOINT LONG DISTANCE TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

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Released: December 31, 1969

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 09-10

Released: January 6, 2009

COMMENTS INVITED ON APPLICATION OF ENHANCED COMMUNICATIONS OF

NORTHERN NEW ENGLAND INC. D/B/A FAIRPOINT LONG DISTANCE - NNE AND

FAIRPOINT LONG DISTANCE TO DISCONTINUE DOMESTIC

TELECOMMUNICATIONS SERVICES

WC Docket No. 09-1

Comp. Pol. File No. 894

Comments Due: January 21, 2009

Reply Comments Due: January 26, 2009

Section 214 Application
Applicant: Enhanced Communications of Northern New England Inc. d/b/a FairPoint Long
Distance-NNE and FairPoint Long Distance

On

December 12, 2008, Enhanced Communications of Northern New England Inc. d/b/a

FairPoint Long Distance NNE (in Maine and New Hampshire) and FairPoint Long Distance (in
Vermont)

(FairPoint or Applicant), located at 1 Davis Farm Road, South Portland, ME 04103, 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 telecommunications
services in Maine, New Hampshire, and Vermont.1
FairPoint indicates that it currently provides Personal Toll Free Service (PTFS), a U.S. domestic
interexchange telecommunications service sometimes referred to as Residential Toll Free Service or
Residential Personal Toll Free Number, throughout its service territory in Maine, New Hampshire, and
Vermont (the service areas). FairPoint explains that customers receiving PTFS are assigned a toll-free
number with a private authorization code and that this toll-free number terminates to an exchange access
line. FairPoint states that PTFS previously had been offered in the service areas at issue by several
subsidiaries of Verizon Communications Inc. prior to the acquisition of these exchanges by FairPoint's
parent company, FairPoint Communications, Inc. FairPoint asserts, however, that as a technical matter
this service can only be supported by Verizon's network, and that a cutover from Verizon's network to
FairPoint's network is scheduled to occur on or about January 30, 2009. FairPoint therefore maintains
that it plans to discontinue PTFS in the service areas on or about January 30, 2009, as it will not be able to
support the service on or after that date. FairPoint states that it notified all affected customers of the
proposed discontinuance by letters sent via U.S. mail on December 11, 2008. FairPoint maintains that it
offers alternative toll-free calling services and that comparable toll-free calling plans are offered by other


1 This application was subsequently received in the Competition Policy Division of the Wireline Competition
Bureau on December 18, 2008.

carriers in the affected service areas at competitive prices. FairPoint 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, such applications for authority to
discontinue services are normally deemed to be granted automatically on the 31st day after the release
date of the public notice, unless the Commission notifies the applicant that the grant will not be
automatically effective. In FairPoint's application, FairPoint indicates that it plans to discontinue service
on or after January 30, 2009, but with this public notice an automatic grant of the application is not
scheduled to occur until February 5, 2009. Given the particular circumstances in this case, in addition to
seeking comment on the application in general, we seek comment on whether FairPoint should receive
authority to discontinue service prior to completion of the normal 31-day automatic grant period.
FairPoint'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 FairPoint that the grant will not be automatically
effective, or provides notice that FairPoint may discontinue services at a sooner time. Accordingly,
pursuant to section 63.71(c) and the terms of FairPoint's application, absent further Commission action,
FairPoint may terminate its Personal Toll Free Service in Maine, New Hampshire, and Vermont on or
after

February 5, 2009

. 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

January 21, 2009

and reply comments should be filed on or
before

January 26, 2009

. Such comments and reply comments should refer to

WC Docket No. 09-1
and Comp. Pol. File No. 894

. 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 send an original and four copies of the comments to the
Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-A325,
Washington, D.C. 20554. 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. The
Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the
Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 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 mail, Express, and Priority
mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554.
2

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
further information on procedures regarding section 214 please visit
http://www.fcc.gov/wcb/cpd/other_adjud.
FCC
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