> **DA 05-1096**

**April 15, 2005**

> **COMMENTS INVITED ON APPLICATION OF BELL ATLANTIC COMMUNICATIONS,
> INC. (D/B/A VERIZON LONG DISTANCE) AND VERIZON SELECT SERVICES INC. TO
> DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES**
>
> **WC Docket No. 05-173**
>
> **Comp. Pol. File No. 705**
>
> **Comments Due: April 29, 2005**

**Section 214 Application**

**Applicants: Bell Atlantic Communications, Inc. (d/b/a Verizon Long
Distance); Verizon Select Services Inc.**

On **March 30, 2005, Bell Atlantic Communications, Inc. (d/b/a Verizon
Long Distance)** (Verizon LD) located at **1320 North Courthouse Road,
Arlington, Virginia 22201** and **Verizon Select Services Inc.**
(Verizon Select) located at **6665 North MacArthur Boulevard, Irving,
Texas 75039** (collectively, Verizon or Applicants), 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 domestic services to its customers located in the
state of Hawaii.[^1] On April 15, 2005, Verizon filed a letter
clarifying certain issues raised in its application. Therefore the
application will be deemed complete and filed as of April 15, 2005.

Verizon indicates that it provides several interstate interexchange
services for customers in Hawaii as well as toll free services
terminating in Hawaii. Specifically, Verizon states that the following
services are provided by Verizon LD and/or Verizon Select: Dial 1
Products, Operator Services, Directory Assistance, Directory Assistance
Call Completion, Toll Free Services, Audio Conferencing Services, Data
Services (including private line, ATM, optical and Frame Relay
services), Shared 800 Service and Pre-and Post-Paid Calling Card
Services. According to Verizon, these services are subject to a
noncompete clause included in their transfer of control agreement
(agreement), as part of the transfer of control of capital stock of
Verizon Hawaii Inc. and the assets of Verizon's affiliates in Hawaii to
the Carlyle Group.[^2] Verizon states that pursuant to the noncompete
agreement with the Carlyle Group, Verizon will not accept new customers
for these services in Hawaii for two years, except as otherwise
permitted under the agreement. Verizon asserts, however, that after the
transfer date, existing customers will continue to receive most of these
services from the Carlyle Group's long distance entity, Hawaiian Telcom
Long Distance, in exactly the same manner and quality. Verizon
identifies three services subject to the noncompete clause that the
Carlyle Group's long distance entity will not continue to provide to
existing Verizon customers, and for which it seeks discontinuance
authority as of May 15, 2005: (1) Verizon LD post-paid calling card
service for customers who are not presubscribed to Verizon LD for dial 1
services (prepaid card service); (2) Verizon LD "SmartTouch" prepaid
dial 1 calling service (SmartTouch service); and (3) Verizon LD "Shared
800" service. Verizon states that it notified customers of the planned
discontinuance of post-paid calling card service and SmartTouch services
by letter on March 11, 2005. Verizon further states that it notified
customers of the discontinuance of Shared 800 service by letter on March
30, 2005. Verizon indicates that it is considered non-dominant with
respect to all of these services.

In accordance with section 63.71(c) of the Commission's rules, Verizon'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 Verizon that the grant will not be
automatically effective. Accordingly, pursuant to section 63.71(c),
absent further Commission action, Verizon may not terminate service
until **May 16, 2005**. 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 **April 29, 2005.** Such comments should refer to **WC
Docket No. 05-173 and Comp. Pol. File No. 705.** 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 Fed. Reg. 24121 (1998).
Comments filed through the ECFS can be sent as an electronic file via
the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>. Generally, only
one copy of an electronic submission must be filed. In completing the
transmittal screen, commenters 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, commenters
should send e-mail to ecfs@fcc.gov, and should include the following
words in the subject line "get form \<your e-mail address\>." A sample
form and directions will be sent in reply.

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. 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 Applicants. Commenters are also
requested to fax their comments to the FCC at (202) 418-2345, Attention:
Carmell Weathers.

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). The Commission's contractor, Natek, Inc., 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 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 Mail,
and Priority Mail should be addressed to 445 12th Street, S.W.,
Washington, D.C. 20554. All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications
Commission.

The application will be available for review 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 copy
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).

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]{.underline}](mailto:denise.coca@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]: In its application, Verizon mentions its plans to discontinue
    certain services that are also international in nature.
    Discontinuance of international service is governed by 47 C.F.R. §
    63.19.

[^2]: *See Streamlined Domestic Section 214 Application Granted*, Public
    Notice, 19 FCC Rcd. 15,604 (2004); *Application of Verizon Hawaii
    Inc., Bell Atlantic Communications, Inc. (d/b/a Verizon Long
    Distance) and Verizon Select Services Inc., and Paradise Mergersub,
    Inc. For Consent to Transfer Control of Verizon Hawaii Inc. and
    Certain Assets and Long Distance Customer Relationships Related to
    Interstate Interexchange Telecommunications Service in the State of
    Hawaii*, Order on Reconsideration., 19 FCC Rcd. 24,110 (2004).