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Discontinuance Application Of Capital Communications Consultants, Inc.

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Released: November 27, 2013
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PUBLIC NOTICE

Federal Communications Commis

sion

445 12th St., S.W.

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-2293

Released: November 27, 2013

COMMENTS INVITED ON APPLICATION OF CAPITAL COMMUNICATIONS

CONSULTANTS, INC. TO DISCONTINUE TELECOMMUNICATIONS SERVICES

WC Docket No. 13-278

Comp. Pol. File No. 1131

Comments Due: December 12, 2013

Section 214 Application

Applicant: Capital Communications Consultants, Inc.

On November 12, 2013 Capital Communications Consultants, Inc. (CCCI or Applicant),

located at 3281 Jackson Avenue, Suite 103, Memphis, TN 38122, 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,

Georgia, Kentucky, Louisiana and South Carolina (collectively, Service Areas).1

With an amended

application filed on November 22, 2013, CCCI corrected certain deficiencies in its application and

updated the record regarding notice to affected customers and state entities.2

Accordingly, CCCI’s

application is deemed complete as of November 22, 2013.

CCCI indicates that it currently offers resold prepaid and postpaid flat-rate residential local

exchange and interexchange services (Affected Services) in the Service Areas. CCCI explains, however,

that it is unable to pay for its wholesale services purchased from AT&T. According to CCCI, AT&T and

CCCI entered into a settlement agreement on October 15, 2013 that required CCCI to make a payment to

AT&T on or before October 29, 2013. CCCI indicates that when it failed to make that payment, AT&T

suspended service on or about October 31, 2013 still allowing for the continuation of service to existing

customers. CCCI states that no new customers have been added since that time and that the number of

remaining customers drops substantially each day. CCCI asserts that it entered into discussions with

AT&T to continue service through the month of November, and in its notice to customers CCCI states

that it plans to discontinue these services as of December 1, 2013.3

CCCI maintains that the proposed

1 CCCI’s application was subsequently received in the Competition Policy Division of the Wireline Competition

Bureau on November 13, 2013.

2 The amended application was subsequently received in the Competition Policy Division of the Wireline

Competition Bureau on November 26, 2013.

3 In its application, CCCI also requests expedited approval for its proposed discontinuance. Nevertheless, as

indicated below and in accordance with section 63.71(c) of the Commission’s rules, CCCI’s application will be

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discontinuance will not result in harm to affected customers because equivalent service offerings are

available from other carriers, including the underlying carriers whose services CCCI resells. CCCI

represents that one or more other carriers in each state provide similar prepaid packages and many more

carriers, including the incumbent carrier in each area, provide these services on a post-paid basis. CCCI

indicates that, on or before November 12, 2013, it mailed notice of the proposed discontinuance to

affected customers via first-class mail dated November 4, 2013. In its amended application, CCCI also

indicates that, on or before November 22, 2013, it mailed a revised notice to affected customers via first-

class mail dated November 20, 2013. In its notices to customers, CCCI emphasizes that customers must

make arrangements with another carrier to avoid loss of service and CCCI provides a toll-free telephone

number that customers may call to subscribe to comparable services from another carrier. CCCI states

that it is considered non-dominant with respect to the services to be discontinued.

In accordance with section 63.71(c) of the Commission’s rules, CCCI’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 CCCI that the grant will not be automatically effective. In the notice to customers,

Applicant indicates that it plans to discontinue resold prepaid and postpaid flat-rate residential local

exchange and interexchange services in the Service Areas as of December 1, 2013. Pursuant to section

63.71(c), absent further Commission action, CCCI may discontinue the Affected Services in the Service

Areas on or after December 28, 2013. 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 12, 2013. Such comments should refer to WC Docket No. 13-278 and Comp. Pol. File No.

1131. Comments should include specific information about the impact of this proposed discontinuance

on the commenter, including any inability to acquire reasonable substitute services. 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.

deemed to be granted automatically on the 31st day after the release of this public notice, unless the Commission

notifies CCCI that the grant will not be automatically effective.

2

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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.4 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 –

4 47 C.F.R. §§ 1.1200 et seq.

3

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