> **DA 06-1386**

**June 30, 2006**

> **COMMENTS INVITED ON APPLICATION OF UTILITIES COMMISSION, NEW SMYRNA
> BEACH D/B/A NEW SMYRNA COMMUNICATIONS TO DISCONTINUE DOMESTIC
> TELECOMMUNICATIONS SERVICES**
>
> **WC Docket No. 06-124**
>
> **Comp. Pol. File No. 761**
>
> **Comments Due: July 14, 2006**

**Section 214 Application**

**Applicant: Utilities Commission, New Smyrna Beach d/b/a New Smyrna
Communications**

On **June 1, 2006, Utilities Commission, New Smyrna Beach** **d/b/a New
Smyrna Communications** (UCNSB or Applicant), located at **200 Canal
Street, PO Box 100**, **New Smyrna Beach, FL 32170-0100**, 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 its
provision of certain telecommunications services in Florida, Georgia,
Mississippi, North Carolina, South Carolina, and Tennessee.

In its application, UCNSB indicates that it provides local, domestic,
and international[^1] long distance and toll free telecommunications to
domestic and residential customers in the aforementioned states. UCNSB
states, however, that it plans to realign its business plan in order to
maintain long term economic viability and that it therefore seeks
authority to discontinue service to its affected customers on August 1,
2006 in Florida, Georgia, Mississippi, North Carolina, and South
Carolina; and on September 1, 2006 in Tennessee. UCNSB asserts that, on
March 31, 2006 and June 1, 2006, it provided all affected customers with
written notice of its proposal to discontinue service by letters mailed
and prepared in accordance with the requirements of section 63.71 of the
Commission's rules. Finally, UCNSB asserts that it is a non-dominant
carrier with regard to the affected services.

In accordance with section 63.71(c) of the Commission's rules, UCNSB's
application will be deemed to be automatically granted on the
thirty-first (31st) day after the release date of this public notice,
unless the Commission notifies UCNSB that the grant will not be
automatically effective. Accordingly, pursuant to section 63.71(c),
absent further Commission action, UCNSB may terminate service to its
affected customers on August 1, 2006 in Florida, Georgia, Mississippi,
North Carolina, and South Carolina; and on September 1, 2006 in
Tennessee. The Commission will normally 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 **July 14, 2006**. Such comments should refer to **WC
Docket No. 06-124** and **Comp. Pol. File No. 761**. 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 website 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 (4)
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 (although we continue to experience
delays in receiving 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 (2) 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-C327, 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}](mailto:FCC@BCPIWEB.COM). 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 John Adams, (202)
418-0394 (voice), <john.adams@fcc.gov> 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.**

-FEDERAL COMMUNICATIONS COMMISSION-

[^1]: Discontinuance of international service is governed by 47 C.F.R. §
    63.19.