> **DA 08-2556**

**Released: November 24, 2008**

> **COMMENTS INVITED ON APPLICATION OF ADVANCED TEL, INC. D/B/A EATEL TO
> DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES**
>
> **WC Docket No. 08-231**
>
> **Comp. Pol. File No. 887**
>
> **Comments Due: December 9, 2008**

**Section 214 Application**

**Applicant: Advanced Tel, Inc. d/b/a EATEL**

On **October 21, 2008, Advanced Tel, Inc. d/b/a EATEL** (EATEL or
Applicant), located at **913 South Burnside Avenue, Gonzales,
LA 70737-4258**, 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 telecommunications services in
Arkansas, Florida, Georgia, North Carolina, South Carolina, and
Tennessee.[^1]

EATEL indicates that it currently provides long distance service in
Arkansas, Florida, Georgia, North Carolina, South Carolina, and
Tennessee. EATEL states that it currently serves a total of fourteen
(14) customers in the affected states including six (6) customers in
Arkansas, five (5) customers in Florida, one (1) customer in Georgia,
one (1) customer in South Carolina, one (1) customer in Tennessee, and
zero (0) customers in North Carolina. EATEL asserts the costs of doing
business in these locations outweigh any revenues collected or other
benefits associated with conducting business in these states.
Consequently, EATEL indicates that it intends to discontinue providing
long distance service in all of the above mentioned states.[^2]
According to EATEL, the anticipated date for the proposed discontinuance
is December 1, 2008, or as soon thereafter as the necessary state and
federal authorizations have been obtained. EATEL indicates that, in
August and September 2008, it sent notices to inform affected customers
of its plans to discontinue service in compliance with section 63.71(a)
of the Commission's rules. EATEL asserts 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, EATEL'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 EATEL that the grant will not be automatically effective. In
EATEL's application, EATEL indicates that it anticipates discontinuing
service on or after December 1, 2008, upon completion of obtaining all
necessary federal and state regulatory approvals. Accordingly, pursuant
to section 63.71(c) and the terms of EATEL's application, absent further
Commission action, EATEL may terminate its domestic long distance
telephone service in Arkansas, Florida, Georgia, North Carolina, South
Carolina, and Tennessee on or after **December 25, 2008**. 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 **December 9, 2008**. Such comments should refer to **WC
Docket No. 08-231 and Comp. Pol. File No. 887**. 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 [http://www.fcc.gov/cgb/ecfs/]{.underline}. 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 [ecfs@fcc.gov]{.underline},
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. The 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. The
filing hours at this location 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]{.underline} 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]{.underline}. 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
fcc504@fcc.gov 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), [carmell.weathers@fcc.gov]{.underline}, or Michelle Sclater,
(202) 418-0388 (voice), [michelle.sclater@fcc.gov]{.underline}, 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 **http://www.fcc.gov/wcb/cpd/other_adjud**.

-- FCC --

[^1]: This application was subsequently received in the Competition
    Policy Division of the Wireline Competition Bureau on November 7,
    2008.

[^2]: In its customer notices, EATEL indicates that it no longer plans
    to provide domestic or international long distance service in the
    affected states. Discontinuance of international service is governed
    by 47 C.F.R. § 63.19.