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Discontinuance Application Of Cincinnati Bell Any Distance, LLC

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Released: November 8, 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 13-2151

Released: November 8, 2013

COMMENTS INVITED ON APPLICATION OF CINCINNATI BELL ANY DISTANCE,

LLC TO DISCONTINUE TELECOMMUNICATIONS SERVICES

WC Docket No. 13-263

Comp. Pol. File No. 1125

Comments Due: November 25, 2013

Section 214 Application
Applicant: Cincinnati Bell Any Distance, LLC

On

September 30, 2013, Cincinnati Bell Any Distance, LLC

(CBAD or Applicant), located at
221 East Fourth Street, Cincinnati, Ohio 45202, 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, affecting service in Cincinnati, Ohio; Dayton,
Ohio; Indianapolis, Indiana; and Louisville, Kentucky as well as access to plans nationwide (collectively,
Service Areas).1
CBAD indicates that it currently offers Wholesale Voice Service which provides termination
services in Cincinnati, Ohio; Dayton, Ohio; Indianapolis, Indiana; and Louisville, Kentucky for carrier
grade customers, as well as access to nationwide least cost routing plans through other vendors. CBAD
states, however, that it plans to discontinue Wholesale Voice Service on or after November 30, 2013,
subject to Commission approval. CBAD asserts that it mailed notice of the proposed discontinuance to
affected customers via U.S. mail on September 27, 2013. In its notice to customers, CBAD clarifies that
if customers also subscribe to other services from Cincinnati Bell, those services will not be impacted by
the anticipated discontinuance of CBAD’s wholesale voice long distance program. CBAD states 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, CBAD’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 CBAD that the grant will not be automatically effective. In the application and
notice to customers, Applicant indicates that it plans to discontinue Wholesale Voice Service on or after
November 30, 2013, subject to Commission approval. Accordingly, pursuant to section 63.71(c) and the
terms of CBAD’s application and notice, absent further Commission action, CBAD may discontinue
Wholesale Voice Service in the Service Areas on or after

December 9, 2013

. The Commission normally
will authorize proposed discontinuances of service unless it is shown that customers or other end users


1 CBAD’s application was subsequently received in the Competition Policy Division of the Wireline Competition
Bureau on October 17, 2013.

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 25, 2013

. Such comments should refer to

WC Docket No. 13-263 and Comp. Pol. File No.
1125

. 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.2 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


2 47 C.F.R. §§ 1.1200 et seq.
2

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 Gregory Kwan, (202) 418-1191 (voice), Gregory.Kwan@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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