Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: November 29, 2012
COMMENTS INVITED ON APPLICATION OF AFFORDABLE PHONE SERVICES, INC. TO
DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES
WC Docket No. 12-344
Comp. Pol. File No. 1062
Comments Due: December 14, 2012
Section 214 Application
Applicant: Affordable Phone Services, Inc.
October 19, 2012, Affordable Phone Services, Inc.
(Affordable Phone or Applicant), located
P.O. Box 831372, Ocala, FL 34483
, 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, Kentucky, Louisiana,
North Carolina and South Carolina (collectively Service Areas).
Affordable Phone indicates that it currently offers a prepaid wireline service package in the
Service Areas that includes resold residential local exchange services and interexchange (intrastate and
interstate long distance) services that it provides using AT&T as its underlying carrier.1 Affordable
Phone asserts that, in response to changing market conditions, it has determined that it is no longer
feasible to offer its current resold wireline service package in the AT&T territories. Affordable Phone
therefore proposes to discontinue its prepaid wireline residential local exchange and interexchange
services in the Service Areas. Affordable Phone specifies that it plans to discontinue services on
December 31, 2012, subject to regulatory approval. According to Affordable Phone, written notice of the
planned discontinuance was sent to affected customers by first-class mail on October 9, 2012. Affordable
Phone states that the notice to customers provides a toll-free telephone number that customers may call to
reach Affordable Phone service representatives for assistance with the transition. Affordable Phone
maintains that the planned discontinuance will not result in harm to affected customers because they are
being provided with ample notice of the discontinuance, and equivalent service offerings are available
from other carriers. Affordable Phone adds that one or more other carriers in each state provide similar
prepaid packages and that many more carriers, including the incumbent carrier, AT&T, provide these
services on a post-paid basis. Affordable Phone 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, Affordable Phone’s application
will be deemed to be granted automatically on the 31st day after the release date of this public notice,
1 Affordable Phone states that it currently does not have any customers for these services in Louisiana.
unless the Commission notifies Affordable Phone that the grant will not be automatically effective. In its
application, Affordable Phone indicates that it plans to discontinue prepaid wireline residential local
exchange and interexchange services in the Service Areas on December 31, 2012, subject to regulatory
approval. Accordingly, pursuant to section 63.71(c) and the terms of Affordable Phone’s application,
absent further Commission action, Affordable Phone may terminate prepaid wireline residential local
exchange and interexchange services in the Service Areas on or after
December 31, 2012
, in accordance
with Affordable Phone’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
December 14, 2012
. Such comments should refer to
WC Docket No. 12-344 and Comp. Pol. File No.
. 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
2 47 C.F.R. §§ 1.1200 et seq
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
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
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
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 firstname.lastname@example.org
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),
, or Rodney McDonald, (202) 418-7513 (voice), email@example.com
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 –