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Discontinuance Application Of CCCI Not Automatically Granted

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Released: December 20, 2013

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 13-2456

Released: December 20, 2013

APPLICATION OF CAPITAL COMMUNICATIONS CONSULTANTS, INC. TO

DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES NOT AUTOMATICALLY

GRANTED

WC Docket No. 13-278

Comp. Pol. File No. 1131

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 The Wireline Competition Bureau hereby
provides notice that CCCI’s application to discontinue services will not be automatically granted.
The application states that CCCI 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. CCCI maintains that the proposed
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 also
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.

1 The application was subsequently received in the Competition Policy Division of the Wireline Competition Bureau
on November 13, 2013. 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.
Accordingly, CCCI’s application is deemed complete as of November 22, 2013. The amended application was
subsequently received in the Competition Policy Division of the Wireline Competition Bureau on November 26,
2013. By Public Notice dated November 27, 2013, the Commission notified the public that, in accordance with 47
C.F.R. § 63.71(c), CCCI’s application would be deemed to be automatically granted on the 31st day after the release
date of the notice, unless the Commission notifies CCCI that the grant will not be automatically effective.
Comments Invited on Application of Capital Communications Consultants, Inc. to Discontinue Telecommunications
Services
, Public Notice, WC Docket No. 13-278, DA 13-2293 (Wireline Comp. Bur. rel. Nov. 27, 2013). See also
47 C.F.R. § 63.71(c). Accordingly, the automatic grant date for CCCI’s application would have been December 28,
2013.

The Commission has received two comments in opposition to CCCI’s proposed discontinuance.2
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. Where there
are concerns, however, as to whether a service has reasonable substitutes or whether the present or future
public convenience and necessity will be adversely affected, the Commission may announce the removal
of the application from automatic grant if necessary, consistent with its statutory obligations.3 In addition
to receiving customer comments in opposition to the proposed discontinuance without a reply in the
record from CCCI, the Commission has held discussions with counsel for CCCI regarding the premature
loss of service to at least one customer and confirming that CCCI is out of business. Because the record
raises concerns about the provision of timely notice to affected customers and CCCI’s discontinuance of
service prior to receiving Commission authorization, we find that the public interest will not be served by
an automatic grant of CCCI’s application. Therefore, by this Public Notice, CCCI is notified that its
application to discontinue its resold prepaid and postpaid flat-rate residential local exchange and
interexchange services will not be granted automatically.4
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 –

2 See Cassandra McKinney Comments, WC Docket No. 13-278 (filed Nov. 3, 2013) (McKinney Comments) and
Eva Waller Comments, WC Docket No. 13-278 (filed Dec. 9, 2013) (Waller Comments). Commenters primarily
raise concerns about not receiving notice in enough time to transition to alternative services. Id. In addition, one
commenter indicates that she already cannot be reached at her telephone number. McKinney Comments at 1.
3 See 47 U.S.C. § 214(a); 47 C.F.R. § 63.71; see also Policy and Rules Concerning Rates for Competitive Common
Carrier Services and Facilities Authorizations Therefor
, First Report and Order, CC Docket No. 79-252, 85 FCC 2d
1, 49 (1980) (Competitive Carrier First Report and Order) (“[W]e have retained the right to delay grant of a
discontinuance authorization if we believe an unreasonable degree of customer hardship would result.”); Federal
Communications Comm’n v. RCA Communications, Inc
., 346 U.S. 86, 90 (1953). See, e.g., AT&T Application to
Discontinue Interstate Sent-Paid Coin Service Not Automatically Granted
, Public Notice, NSD File No. W-P-D-
497, 16 FCC Rcd 14935 (Common Carrier Bur. 2001).
4 See 47 C.F.R. § 63.71(c) (“The application to discontinue . . . shall be automatically granted on the 31st day . . .
unless the Commission has notified the applicant that the grant will not be automatically effective.”).
2

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