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Discontinuance Application Of Absolute Home Phones, Inc

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Released: November 9, 2012

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 12-1818

Released: November 9, 2012

COMMENTS INVITED ON APPLICATION OF ABSOLUTE HOME PHONES, INC. TO

DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 12-330

Comp. Pol. File No. 1057

Comments Due: November 26, 2012

Section 214 Application
Applicant: Absolute Home Phones, Inc.

On

October 10, 2012, Absolute Home Phones, Inc.

(Absolute or Applicant), located at

P.O. Box

830010, Ocala, FL 34483, 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 in Alabama, Florida, Kentucky, Louisiana, North Carolina and
Tennessee (collectively Service Areas).1
Absolute indicates that it currently offers prepaid wireline service packages in the Service Areas
including resold residential local exchange services and interexchange services (intrastate and interstate)
that it provides using AT&T as its underlying carrier.2 Absolute asserts that, in response to changing
market conditions, it has determined that it is no longer feasible to offer its current resold wireline service
packages in the AT&T territories. Absolute therefore proposes to discontinue its prepaid wireline
residential local exchange and interexchange services in the Service Areas. Absolute specifies that it
plans to discontinue services on December 6, 2012, subject to regulatory approval. According to
Absolute, written notice of the planned discontinuance was sent to affected customers by first-class mail
on October 10, 2012. Absolute states that the notice to customers provides a toll-free telephone number
that customers may call to reach Absolute service representatives for assistance with the proposed
transition. Absolute maintains that the planned discontinuance will not result in harm to affected
customers because they are being provided with ample notice of the discontinuance, and equivalent
service offerings are available from other carriers. Absolute adds that one or more other carriers in each
state provide similar prepaid packages and that many more carriers, including the incumbent carrier,
AT&T, provide these services on a post-paid basis. Absolute represents that it is non-dominant with
respect to the services it proposes to discontinue.


1 Although Absolute’s application was initially determined to be in red light status, Absolute completed payment on
outstanding debts so that its red light status was cleared and updated to green on November 9, 2012.
2 Absolute states that it currently does not have any customers for these services in Alabama, Louisiana and
Tennessee.

In accordance with section 63.71(c) of the Commission’s rules, Absolute’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 Absolute that the grant will not be automatically effective. In its application,
Absolute indicates that it plans to discontinue prepaid wireline residential local exchange and
interexchange services in the Service Areas on December 6, 2012, subject to regulatory approval.
Accordingly, pursuant to section 63.71(c) and the terms of Absolute’s application, absent further
Commission action, Absolute may terminate prepaid wireline residential local exchange and
interexchange services in the Service Areas on or after

December 10, 2012

, in accordance with
Absolute’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

November 26, 2012

. Such comments should refer to

WC Docket No. 12-330 and Comp. Pol. File No.
1057

. 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
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


3 47 C.F.R. §§ 1.1200 et seq.
2

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 –
3

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