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Discontinuance Application Of TV Cable Of Winamac, Inc.

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Released: June 13, 2014
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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 14-819

Released: June 13, 2014

COMMENTS INVITED ON APPLICATION OF TV CABLE OF WINAMAC, INC. TO

DISCONTINUE INTERCONNECTED VOIP SERVICES

WC Docket No. 14-91

Comp. Pol. File No. 1159

Comments Due: June 30, 2014

On June 6, 2014, TV Cable of Winamac, Inc. (TV Cable or Applicant), located at 215 W. Kellner

Blvd., Suite 19, P.O. Box 319, Rensselaer, IN 47987, 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 interconnected Voice over Internet Protocol (VoIP) services in

Indiana.

In its application, TV Cable states that it currently offers interconnected VoIP services to

customers in Fulton County and Pulaski County within the state of Indiana (Service Areas). TV Cable

explains that these services can be used for local, intrastate and interstate calling, and that it currently

provides service to approximately 250 customers located in the Service Areas. TV Cable indicates,

however, that it intends to sell its cable system and discontinue service and operations in the Service

Areas on or after July 15, 2014, when the proposed sale of its system is consummated. According to TV

Cable, customers will not experience a disruption in their service because Applicant has arranged for

services to be provided by Pulaski White Communications, Inc., a company that provides interconnected

VoIP service under the name Lightstream. TV Cable asserts that it notified all affected customers of the

proposed discontinuance by letters sent via U.S. Postal Service Mail on June 6, 2014. TV Cable indicates

that it is an interconnected VoIP service provider and that it understands its application will proceed

pursuant to the rules for non-dominant providers.

In accordance with section 63.71(c) of the Commission’s rules, TV Cable’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 TV Cable that the grant will not be automatically effective. In its application, TV

Cable indicates that it plans to discontinue service and operations in the Service Areas on or after July 15,

2014. Accordingly, pursuant to section 63.71(c) and the terms of TV Cable’s application, absent further

Commission action, TV Cable may discontinue interconnected VoIP services and operations in the

Service Areas on or after July 15, 2014, in accordance with TV Cable’s filed representations. 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 June 30,

2014. Such comments should refer to WC Docket No. 14-91 and Comp. Pol. File No. 1159. Comments

should include specific information about the impact of this proposed discontinuance on the commenter,

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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.1 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).

1 47 C.F.R. §§ 1.1200 et seq.

2

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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 –

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