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Discontinuance Application Of Telefonica Digital, Inc.

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Released: November 29, 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 13-2295

Released: November 29, 2013



WC Docket No. 13-295

Comp. Pol. File No. 1132

Comments Due: December 16, 2013

Section 214 Application
Applicant: Telefonica Digital, Inc.


November 15, 2013, Telefonica Digital, Inc.

(TDI or Applicant), located at 200 W. Evelyn

Ave., #120, Mountain View, CA 94041

, 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 throughout the United States and the District of
Columbia (collectively, Service Areas).1 With an amendment filed on November 27, 2013, TDI updated
the record regarding notice to customers. Accordingly, TDI’s application is deemed complete as of
November 27, 2013.
TDI indicates that it currently offers resold wholesale telecommunications services (Affected
Services) in the Service Areas. TDI explains that it generally purchases capacity from a range of other
carriers and either uses it for its own retail services, uses it in connection with its own information
services or those it develops in partnership with others, or resells that capacity to others at wholesale
prices. According to TDI, it currently serves a total of only 20 wholesale customers. TDI states,
however, that it now plans to discontinue its resold wholesale domestic and international
telecommunications services in the Service Areas as of January 1, 2014, or as soon thereafter as the
necessary regulatory approvals can be obtained.2 TDI maintains that its discontinuance of the Affected
Services will not adversely affect the public convenience and necessity because reasonable substitutes are
available from numerous competing carriers. TDI submits that it discussed the proposed discontinuance
with each of its 20 wholesale customers by email and by telephone prior to sending more formal notice by
email on November 14, 2013. In addition, TDI indicates that it followed up by sending a revised written
notice of the proposed discontinuance to all of its affected customers via email on November 27, 2013.

1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application
on November 25, 2013. In the application, TDI states that it previously operated under the trade name Jajah, Inc.
2 The discontinuance of international service is governed by 47 C.F.R. § 63.19. TDI asserts that it is notifying the
International Bureau of this proposed discontinuance in accordance with the discontinuance rules for international
services. TDI submits that it also plans to later file an application for authority to discontinue the provision of all
retail domestic and international telecommunications services in the United States in early 2014.

TDI asserts that important service-related information including billing statements and similar notices are
routinely communicated by email to all of the affected customers and that it distributed its email notices
using the contact email that each customer maintains with the company. TDI states that it is non-
dominant with respect to the services at issue in this application.
We seek comment on TDI’s proposed discontinuance of services, including the steps it has taken
to notify customers in light of the notification procedures prescribed in section 63.71(a) of the
Commission’s rules. In accordance with section 63.71(c) of the Commission’s rules, TDI’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 TDI that the grant will not be automatically effective. In its application,
and revised notice to customers, TDI indicates that it plans to discontinue the Affected Services in the
Service Areas as of January 1, 2014, or as soon thereafter as the necessary regulatory approvals can be
obtained. Accordingly, pursuant to section 63.71(c) and the terms of TDI’s application and revised
notice, absent further Commission action, TDI may discontinue its resold wholesale domestic
telecommunications services in the Service Areas on or after

January 1, 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 16, 2013

. Such comments should refer to

WC Docket No. 13-295 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.3 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.
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 –

3 47 C.F.R. §§ 1.1200 et seq.

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