Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Discontinuance Application Of Niths D/B/A

Download Options

Released: September 19, 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 13-1939

Released: September 19, 2013




WC Docket No. 13-231

Comp. Pol. File No. 1118

Comments Due: October 4, 2013

Section 214 Application
Applicant: Niths Communications Group LLC d/b/a


July 2, 2013, Niths Communications Group LLC d/b/a

(Niths or
Applicant), located at 8201 Greensboro Drive, Suite 300, McLean, VA 22102, 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
California, Colorado, Georgia, Maryland, Texas and Virginia (collectively, Service Areas). With an
amendment filed on September 17, 2013, Niths corrected certain deficiencies in its application and
updated the record regarding notice to state entities.1
Niths indicates that it currently offers resold interstate toll-free number based voice and audio
voice and web conferencing services (Affected Services) in the Service Areas. Niths maintains that it
does not provide intrastate or international service. Niths states, however, that due to changes in market
conditions and drastic advances in conferencing technologies, it needs to discontinue the Affected
Services. Niths specifically proposes to discontinue the Affected Services in the Service Areas on
September 30, 2013. According to Niths, its discontinuance of the Affected Services is due to the
obsolescence of the technology used to provide the services and it will not harm the public convenience
and necessity. Niths asserts that it currently serves only eight customers in the Service Areas and
maintains that similar services are readily available from carriers and other resellers. Niths also submits
that customers have been provided with notice that gives them ample opportunity to transfer to new
services. Niths indicates that written notice of the proposed discontinuance was sent to all of its
customers via postage prepaid first class U.S. mail on June 21, 2013. Niths states that it is non-dominant
with respect to the services it proposes to discontinue.

1 The amendment to Niths' application was subsequently received in the Competition Policy Division of the
Wireline Competition Bureau on September 18, 2013. Niths' application was initially determined to be in red light
status, but Niths has since completed payment of outstanding debts and confirms that its red light status has been

In accordance with section 63.71(c) of the Commission's rules, Niths' application will be deemed
to be granted automatically on the 31st day after the release date of this public notice, unless the
Commission notifies Niths that the grant will not be automatically effective. In its application, Niths
indicates that it plans to discontinue the Affected Services in the Service Areas on September 30, 2013.
Pursuant to section 63.71(c), absent further Commission action, Niths may discontinue the Affected
Services in the Service Areas on or after

October 20, 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.
Comments objecting to this application must be filed with the Commission on or before

October 4, 2013

. Such comments should refer to

WC Docket No. 13-231 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

2 47 C.F.R. 1.1200 et seq.

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 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

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.


You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.