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Discontinuance Application Of EveryCall Communications, Inc

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Released: May 15, 2014

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 14-667

Released: May 15, 2014

COMMENTS INVITED ON APPLICATION OF EVERYCALL COMMUNICATIONS,

INC. TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 14-76

Comp. Pol. File No. 1153

Comments Due: May 30, 2014

Section 214 Application
Applicant: EveryCall Communications, Inc.

On

April 21, 2014, EveryCall Communications, Inc.

(EveryCall or Applicant), located at 4315

Bluebonnet Blvd., Ste A, Baton Rouge, LA 70809

, 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, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, South Carolina, Tennessee and Texas (Service Areas).1
EveryCall indicates that it currently offers prepaid and postpaid wireline packages of residential
local exchange and interexchange services (Affected Services) in the Service Areas. EveryCall explains
that it offers the Affected Services on a resale basis using AT&T as the underlying carrier. EveryCall
asserts, however, that as a result of changing market conditions it is no longer economically feasible to
provide the Affected Services in the market areas served by AT&T. Accordingly, EveryCall states that it
plans to discontinue the Affected Services in the Service Areas on June 15, 2014, subject to receipt of the
necessary federal and state regulatory authorizations. EveryCall maintains that customers will not be
harmed by the proposed discontinuance because they have received ample notice and equivalent service
offerings are available from other carriers. In particular, EveryCall states that one or more carriers in
each state provide similar prepaid packages and that many more carriers, including the incumbent
carriers, provide these services on a post-paid basis. EveryCall indicates that it sent written notice to
affected customers by first-class mail on April 15, 2014. EveryCall asserts that it is considered non-
dominant with respect to the Affected Services.
In accordance with section 63.71(c) of the Commission’s rules, EveryCall’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 EveryCall that the grant will not be automatically effective. In the application,
EveryCall indicates that it plans to discontinue the Affected Services in the Service Areas on June 15,
2014, subject to receipt of the necessary federal and state regulatory authorizations. Accordingly,

1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application
on April 29, 2014.

pursuant to section 63.71(c) and the terms of EveryCall’s application, absent further Commission action,
EveryCall may discontinue the Affected Services in the Service Areas on or after

June 15, 2014

. 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

May 30, 2014

. Such comments should refer to

WC Docket No. 14-76 and Comp. Pol. File No. 1153

.
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

2 47 C.F.R. §§ 1.1200 et seq.
2

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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