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Section 214 Application Insight Phone of Ohio, LLC d/b/a Insight Phone

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Released: March 11, 2013
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PUBLIC NOTICE

Federal Communications Commission

445 12th St., S.W.

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-380

Released: March 11, 2013

COMMENTS INVITED ON APPLICATION OF

INSIGHT PHONE OF OHIO, LLC D/B/A INSIGHT PHONE TO DISCONTINUE

DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 13-64

Comp. Pol. File No. 1087

Comments Due: March 26, 2013

Section 214 Application

Applicant: Insight Phone of Ohio, LLC d/b/a Insight Phone

On February 5, 2013, Insight Phone of Ohio, LLC d/b/a Insight Phone (Insight or Applicant),

located at 60 Columbus Circle, New York, NY 10023, 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 Columbus, Ohio.

Insight indicates that it currently provides circuit-switched local exchange services to

approximately 600 customers in Columbus, Ohio. Insight explains, however, that it is changing its

telephone service offerings and that it will no longer offer circuit-switched local exchange services in

Columbus, Ohio on or after April 12, 2013. According to Insight, written notice of the planned

discontinuance was mailed to all affected customers on February 4, 2013. Insight indicates that the notice

informed customers of their options for obtaining alternative service offerings and also informed them

that they would have an opportunity to switch to Insight’s Digital Phone (VoIP) service at no additional

cost.

Insight maintains that the public convenience and necessity will not be adversely affected by the

proposed discontinuance because customers have been provided with adequate notice and have access to

comparable domestic telephone services offered at competitive prices. Insight represents that it is non-

dominant with respect to the services it proposes to discontinue.

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

indicates that it plans to discontinue circuit-switched local exchange services in Columbus, Ohio on or

after April 12, 2013. Accordingly, pursuant to section 63.71(c), absent further Commission action,

Insight may terminate circuit-switched local exchange services in Columbus, Ohio on or after April 12,

2013. 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.

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Comments objecting to this application must be filed with the Commission on or before

March 26, 2013. Such comments should refer to WC Docket No. 13-64 and Comp. Pol. File No. 1087.

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.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.

1 47 C.F.R. §§ 1.1200 et seq.

2

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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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