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Discontinuance Application Of Telefonica Digital, Inc

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Released: December 31, 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 13-2490

Released: December 31, 2013

COMMENTS INVITED ON APPLICATION OF TELEFONICA DIGITAL, INC. TO

DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 13-309

Comp. Pol. File No. 1136

Comments Due: January 15, 2014

Section 214 Application
Applicant: Telefonica Digital, Inc.

On

December 13, 2013, Telefonica Digital, Inc.

(TDI or Applicant), located at 200 W. Evelyn

Ave., #120, Mountain View, CA 94041

, 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 throughout the United States and the District
of Columbia (collectively, Service Areas).1
TDI indicates that it currently offers JAJAH.Direct (Affected Service) in the Service Areas. TDI
describes JAJAH.Direct as a retail telecommunications service that enables subscribers to place interstate
and international calls over the public switched telephone network from an ordinary telephone by dialing
an access number. According to TDI, the access number, in turn, provides subscribers with access to the
JAJAH.Direct platform where subscribers can then dial their destination number and input the access
code for their account. TDI explains that prepaid minutes of use are then deducted from the subscribers
account. TDI states however, that it plans to discontinue its retail telecommunications services and thus
discontinue JAJAH.Direct in the Service Areas as of January 31, 2014, or as soon thereafter as the
necessary regulatory approvals can be obtained.2
TDI maintains that its proposed discontinuance of JAJAH.Direct will not adversely affect the
public convenience or necessity because reasonable substitutes are available from numerous competing
carriers. In addition, TDI submits that the Affected Service requires customers to rely on another source
of telecommunications service to connect to the JAJAH.Direct platform, so the discontinuance of
JAJAH.Direct is not expected to affect any customer’s primary telecommunications service. TDI states
that it notified affected customers of the proposed discontinuance by email on December 1, 2013 and that
it sent a follow-up email on December 13, 2013. TDI asserts that important service-related information

1 In the application, TDI states that it previously operated under the trade name Jajah, Inc.
2 The discontinuance of international service is governed by 47 C.F.R. § 63.19. TDI asserts that it is notifying the
International Bureau of this proposed discontinuance in accordance with the discontinuance rules for international
services.

including billing statements and similar notices are routinely communicated by email to all of the affected
customers and that it distributed its email notices using the contact email that each customer maintains
with the company. According to TDI, communication with its customers never occurs by physical postal
mail and customers are not required to provide a postal address when signing up for service, so TDI does
not possess a postal address for the vast majority of its customers. TDI adds that all visitors to the
JAJAH.Direct website are greeted by a prominent notice in a red box at the top of the page that also
explains the planned discontinuance. TDI explains that, when expanded, the notice provides details about
the procedures for obtaining refunds of any remaining credit. In addition, TDI indicates that the notice on
the website links to detailed frequently asked questions that address the planned discontinuance. TDI
states that it plans to send a third notice to affected customers via email at least two weeks prior to
discontinuing service. TDI represents that it is non-dominant with respect to the service at issue in this
application.
We seek comment on TDI’s proposed discontinuance of service, including the steps it has taken
to notify customers in light of the notification procedures prescribed in section 63.71(a) of the
Commission’s rules. In accordance with section 63.71(c) of the Commission’s rules, TDI’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 TDI that the grant will not be automatically effective. In its application,
and notice to customers, TDI indicates that it plans to discontinue the Affected Service in the Service
Areas as of January 31, 2014, or as soon thereafter as the necessary regulatory approvals can be obtained.
Accordingly, pursuant to section 63.71(c) and the terms of TDI’s application and notice, absent further
Commission action, TDI may discontinue its retail telecommunications service, JAJAH.Direct, in the
Service Areas on or after

January 31, 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

January 15, 2014

. Such comments should refer to

WC Docket No. 13-309 and Comp. Pol. File No.
1136

. 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.
2

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
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 –

3 47 C.F.R. §§ 1.1200 et seq.
3

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