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Discontinuance Application Of @Communications, Inc

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Released: December 2, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-2301

Released: December 2, 2013



WC Docket No. 13-296

Comp. Pol. File No. 1130

Comments Due: December 17, 2013

Section 214 Application
Applicant: @Communications, Inc.


November 6, 2013, @Communications, Inc.

(ATCOM or Applicant), located at 1509 Bridges

Street, Morehead City, NC 28557

, 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 North Carolina.1 With an amendment filed
on December 2, 2013, ATCOM updated the record regarding notice to customers and state entities.
Accordingly, ATCOM’s application is deemed complete as of December 2, 2013.
ATCOM indicates that it currently offers telecommunications services in North Carolina resold
through CenturyLink, the incumbent local exchange carrier. ATCOM asserts, however, that it reduced to
providing local telephone service to fewer than 25 customers in North Carolina due to financial
challenges and the loss of almost all resold customers through attrition. ATCOM states that it now seeks
to cease operation and discontinue all telecommunications services in North Carolina on December 31,
2013 pending regulatory approval. ATCOM explains that most of its customers have since transitioned to
alternative services and that ATCOM has called and assisted them in their transition to alternative
providers. According to ATCOM, there is currently only one remaining customer that has not yet
transitioned to an alternative service provider. ATCOM maintains that its proposed discontinuance of
resold telecommunications services is not disruptive to the current or future public convenience and
necessity, and that customers have been provided with a list of alternative companies. ATCOM asserts
that it mailed written notice of the proposed discontinuance to the remaining customer via the United
States Postal Service on November 30, 2013. ATCOM states that it is considered non-dominant with
respect to the services to be discontinued.
In accordance with section 63.71(c) of the Commission’s rules, ATCOM’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 ATCOM that the grant will not be automatically effective. In its revised application,
ATCOM indicates that it plans to discontinue all telecommunications services in North Carolina on

1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application
on November 12, 2013.

December 31, 2013 pending regulatory approval. Accordingly, pursuant to section 63.71(c) and the terms
of ATCOM’s revised application, absent further Commission action, ATCOM may discontinue all
telecommunications services in North Carolina on or after

January 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

December 17, 2013

. Such comments should refer to

WC Docket No. 13-296 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: 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
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

2 47 C.F.R. §§ 1.1200 et seq.

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 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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