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Discontinuance Application Of Puerto Rico Telephone Company, Inc

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Released: December 31, 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 13-2488

Released: December 31, 2013



WC Docket No. 13-298

Comp. Pol. File No. 1128

Comments Due: January 15, 2014


November 7, 2013, Puerto Rico Telephone Company, Inc. d/b/a Claro

(PRTC or Applicant),
located at 1515 FD Roosevelt Avenue, 10th Floor, Guaynabo, PR 00969, 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 interconnected Voice over Internet Protocol (VoIP) services in all
of its service areas in Puerto Rico (Service Areas). With an amendment filed on December 19, 2013,
PRTC clarified certain details regarding the proposed discontinuance date and notice to affected
customers. Accordingly, PRTC’s application is deemed complete as of December 19, 2013.
The application indicates that PRTC currently offers PhoneMax service in the Service Areas.
PRTC describes PhoneMax as a VoIP fixed service that allows its DMAX DSL customers to make
telephone calls using an Internet connection. PRTC states, however, that in the course of rationalizing its
product portfolio and minimizing duplicative offerings, it has decided to discontinue its provision of
PhoneMax service in the Service Areas on January 31, 2014, subject to Commission authorization.
PRTC maintains that customers will face no impairment from this discontinuance because PRTC will
continue to offer a wide range of alternative voice services from which to choose, including traditional
wireline voice services and wireless voice services. PRTC adds that the public convenience and necessity
will not be impaired by this proposed discontinuance because the market for voice services in Puerto Rico
remains highly competitive and several other carriers offer a variety of comparable voice services. PRTC
indicates that it notified all affected customers of the proposed discontinuance by letters sent via first class
U.S. Mail on or before October 10, 2013. PRTC states that it is considered non-dominant with respect to
the service to be discontinued.
In accordance with section 63.71(c) of the Commission’s rules, PRTC’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 PRTC that the grant will not be automatically effective. In the revised application,
PRTC indicates that on or after January 31, 2014, and subject to Commission authorization, PRTC plans
to discontinue PhoneMax service in the Service Areas. Accordingly, pursuant to section 63.71(c) and the
terms of PRTC’s application, absent further Commission action, PRTC may discontinue PhoneMax
service in the Service Areas on or after

January 31, 2014

, in accordance with PRTC’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

January 15, 2014

. Such comments should refer to

WC Docket No. 13-298 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.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.

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 Kimberly Jackson, (202) 418-7393 (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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