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Released: December 23, 2009


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 09-2630

Released: December 23, 2009



WC Docket No. 09-232

Comp. Pol. File No. 925

Comments Due: January 7, 2010


December 11, 2009, D&E Networks, Inc.

(D&E or Applicant), located at 4001 Rodney

Parham Road, Little Rock, AR 72212

, 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 the provision of certain interconnected Voice over Internet Protocol (VoIP) services in
D&E indicates that its D&E Jazzd Phone service is an interconnected VoIP service that D&E
provides to customers in Pennsylvania. D&E states, however, that it plans to discontinue Jazzd Phone
service in Pennsylvania, on or after January 29, 2010. D&E acknowledges that it is an interconnected
VoIP service provider that will be subject to the requirements of section 63.71 of the Commission’s rules
upon the effective date of the requirements adopted in the VoIP Discontinuance Order.2 Accordingly,
D&E indicates that it is submitting its application for authority to discontinue services under section
63.71 of the Commission’s rules. D&E indicates that it sent notice to affected customers via U.S. Mail on
December 3, 2009, in compliance with the requirements of section 63.71(a) of the Commission’s rules.
D&E claims that the proposed discontinuance will not adversely affect the public convenience and
necessity because existing customers have a wide range of alternative voice services to choose from
including non-facilities-based VoIP services, and, depending on their location, traditional wireline voice
services, facilities-based VoIP services and wireless voice services. D&E asserts that it is considered a
provider of interconnected VoIP service, and would therefore be subject to the same discontinuance
requirements as non-dominant carriers under the rule adopted in the VoIP Discontinuance Order.

1 D&E states that its ultimate parent company, D&E Communications, Inc., and its subsidiaries were acquired by
Windstream Corporation on November 10, 2009.
2 See IP-Enabled Services, Report and Order, WC Docket No. 04-36, 24 FCC Rcd 6039, 6050 (rel. May 13, 2009)
(VoIP Discontinuance Order) (indicating that the information collection requirements contained in the VoIP
Discontinuance Order
will become effective following approval by the Office of Management and Budget).

In accordance with section 63.71(c) of the Commission’s rules, D&E’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 D&E that the grant will not be automatically effective. In its application and notice
to customers, D&E indicates that it anticipates discontinuing service on or after January 29, 2010, subject
to regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms of D&E’s application and
notice, absent further Commission action, D&E may terminate its provision of Jazzd Phone service in
Pennsylvania on or after

January 29, 2010

. 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.
This proceeding is considered a “permit but disclose” proceeding for purposes of the
Commission’s ex parte rules, 47 C.F.R. §§ 1.1200-1.1216. Comments objecting to this application must
be filed with the Commission on or before

January 7, 2010

. Such comments should refer to

WC Docket
No. 09-232 and Comp. Pol. File No. 925

. 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 filed through the ECFS can be sent as an electronic file via the Internet to 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 may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, filers should send an e-mail to, and
include the following words in the body of the message, “get form.” A sample form and directions will
be sent in response.
Parties who choose to file by paper must send an original and four copies of the comments to the
Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-A325,
Washington, D.C. 20554. 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.

Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the
Commission’s Secretary, at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002
through December 25, 2009


However, effective December 28, 2009, the Commission’s contractor
will only receive hand-delivered or messenger-delivered paper filings for the Commission’s
Secretary at the FCC Headquarters building, located at 445 12th Street, S.W., Room TW-A325,
Washington, D.C. 20554

. The filing hours at both locations are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any envelopes 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 mail, Express, and Priority mail should 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.

The application will be available for public inspection and copying during regular business hours
at the FCC Reference Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C.
20554, (202) 418-0270. A copy of the application may also be purchased from the Commission’s
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington,
D.C. 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail at
FCC@BCPIWEB.COM. 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 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),, 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
– FCC –

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