> **DA 09-218**

**Released: February 10, 2009**

> **COMMENTS INVITED ON APPLICATION OF NETWORK PTS, INC. TO DISCONTINUE
> DOMESTIC TELECOMMUNICATIONS SERVICES**
>
> **WC Docket No. 08-249**
>
> **Comp. Pol. File No. 892**
>
> **Comments Due: February 25, 2009**

**Section 214 Application**

**Applicant: Network PTS, Inc.**

On **December 9, 2008, Network PTS, Inc.** (Network PTS or Applicant),
located at **379 Diablo Road, Suite 212, Danville, CA 94526**, 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 all states except
Alaska, Alabama, Colorado, Connecticut, Delaware, Maryland, Rhode
Island, South Carolina, South Dakota, Vermont, and West Virginia. By
amendments filed December 18, 2008 and January 29, 2009, Network PTS
corrected certain deficiencies in its initial application. Accordingly,
Network PTS's application is deemed complete as of January 29, 2009.

Network PTS indicates that it currently provides resold domestic
interstate and international toll services including operator services
to pay telephone aggregator locations in all of the above mentioned
states. Network PTS asserts that it has faced tremendous competition
which has caused its customer base attrition. Consequently, Network PTS
indicates that it intends to discontinue its provision of these services
in the above mentioned states.[^1] According to Network PTS, the
anticipated date for the proposed discontinuance is December 31, 2008,
or as soon as possible thereafter. Network PTS asserts that customers
should be able to receive the same service or a reasonable substitute
from a wide array of other carriers throughout the country. Network PTS
indicates that it informed all affected customers of the proposed
discontinuance by letters sent via first class U.S. Mail on November 24,
2008, in compliance with section 63.71 of the Commission's rules.
Network PTS asserts that it is considered non-dominant with respect to
the services to be discontinued.

In accordance with section 63.71(c) of the Commission's rules, Network
PTS'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 Network PTS that the grant will not be automatically effective.
In Network PTS's application, Network PTS indicates that it anticipates
discontinuing service on December 31, 2008 or as soon as possible
thereafter. Accordingly, pursuant to section 63.71(c) and the terms of
Network PTS 's application, absent further Commission action, Network
PTS may terminate its domestic long distance telephone service in the
above mentioned states on or after **March 13, 2009**.[^2] 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 **February 25, 2009**. Such comments should refer to **WC
Docket No. 08-249 and Comp. Pol. File No. 892**. 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 Kimberly Jackson,
(202) 418-7393 (voice), [kimberly.jackson@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]: Discontinuance of international service is governed by 47 C.F.R. §
    63.19.

[^2]: Any action on this domestic 214 discontinuance application is
    without prejudice to any potential enforcement action related to
    unauthorized discontinuance or any other violation of the Act or the
    Commission\'s rules.