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GulfPines LLC Discontinuance Application

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Released: June 19, 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 14-846

Released: June 19, 2014

COMMENTS INVITED ON APPLICATION OF GULFPINES COMMUNICATIONS LLC TO

DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 14-81

Comp. Pol. File No. 1154

Comments Due: July 7, 2014

Section 214 Application

Applicant: GulfPines Communications LLC

On May 1, 2014, GulfPines Communications LLC (GulfPines or Applicant), located at 12 South

Third Street, Bay Springs, MS 39422, 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 Mississippi.1

GulfPines indicates that it currently offers residential and commercial domestic local exchange

and interstate and intrastate interexchange telecommunications services (Affected Services) in

Mississippi. GulfPines states, however, that in response to changing market conditions, it has determined

that it is no longer economically feasible to offer the Affected Services to its customers. GulfPines

therefore asserts that it plans to discontinue the Affected Services no earlier than sixty days from the date

the Mississippi Public Service Commission grants its Petition for Authority to Discontinue Local

Exchange and Interexchange Telecommunications Services in Mississippi. In its notice to customers,

GulfPines specifies that the proposed discontinuance could occur as early as August 2, 2014, subject to

regulatory approval.2 According to GulfPines, written notice of the proposed discontinuance was sent to

each affected customer by first-class mail on April 30, 2014 in accordance with the requirements of

section 63.71(a) of the Commission’s rules. GulfPines states that the notice clearly underscores that

customers must make arrangements with another carrier to avoid loss of service and that it provides a toll-

free number that customers can call to reach a service representative for assistance with the transition.

GulfPines maintains that the proposed discontinuance will not result in harm to affected

customers because equivalent service offerings are available to most of GulfPines’ customers from other

1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application

on May 5, 2014.

2 In its notice, GulfPines further suggests that, effective with the notice, it will no longer make any changes to or

reconnect existing service, and that it will not accept orders for new service. GulfPines has since confirmed with

Commission staff, however, that it will not implement such restrictions until after regulatory authorization is

obtained. We note that action on this application is without prejudice to any potential enforcement action related to

any previous unauthorized discontinuance, reduction or impairment of the Affected Services.

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carriers. According to GulfPines, cell phone service also is available as a reasonable substitute in each

instance where a GulfPines customer may not be able to obtain service from another carrier. GulfPines

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, GulfPines’ application will be

deemed to be granted automatically on the 31st day after the release date of this public notice, unless the

Commission notifies GulfPines that the grant will not be automatically effective. In the notice to

customers, GulfPines indicates that it plans to discontinue the Affected Services in Mississippi as early as

August 2, 2014, subject to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms

of GulfPines’ application and notice, absent further Commission action, GulfPines may discontinue the

Affected Services in Mississippi on or after August 2, 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

July 7, 2014. Such comments should refer to WC Docket No. 14-81 and Comp. Pol. File No. 1154.

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.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

3 47 C.F.R. §§ 1.1200 et seq.

2

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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 –

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