> **DA 08-1699**

**Released: July 18, 2008**

> **COMMENTS INVITED ON APPLICATION OF EMBARQ FLORIDA, INC., UNITED
> TELEPHONE COMPANY OF INDIANA, INC., EMBARQ MISSOURI, INC., CENTRAL
> TELEPHONE COMPANY, UNITED TELEPHONE COMPANY OF NEW JERSEY, INC.,
> CAROLINA TELEPHONE AND TELEGRAPH LLC, UNITED TELEPHONE COMPANY OF
> OHIO, THE UNITED TELEPHONE COMPANY OF PENNSYLVANIA LLC, UNITED
> TELEPHONE SOUTHEAST LLC, AND CENTRAL TELEPHONE COMPANY OF VIRGINIA TO
> DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES**
>
> **WC Docket No. 08-145**
>
> **Comp. Pol. File No. 874**
>
> **Comments Due: August 18, 2008**

**Section 214 Application**

**Applicants: Embarq Florida, Inc., United Telephone Company of Indiana,
Inc., Embarq Missouri, Inc., Central Telephone Company, United Telephone
Company of New Jersey, Inc., Carolina Telephone and Telegraph LLC,
United Telephone Company of Ohio, The United Telephone Company of
Pennsylvania LLC, United Telephone Southeast LLC, and Central Telephone
Company of Virginia**

On **May 29, 2008, Embarq Florida, Inc.**, located at **1313 Blairstone
Road, Tallahassee, Florida 32301-3040**; **United Telephone Company of
Indiana, Inc.**, located at **665 Lexington Avenue, Mansfield, Ohio
44907**; **Embarq Missouri, Inc.**, located at **5454 West 110th Street,
Overland Park, Kansas 66211**; **Central Telephone Company**, located at
**330 South Valley View Boulevard, Las Vegas, Nevada 89152**; **United
Telephone Company of New Jersey, Inc.**, located at **240 North 3rd
Street, Harrisburg, Pennsylvania 17101-1521**; **Carolina Telephone and
Telegraph LLC**, located at **14111 Capital Boulevard, Wake Forest,
North Carolina 27587-5900**; **United Telephone Company of Ohio**,
located at **665 Lexington Avenue, Mansfield, Ohio 44907**; **The United
Telephone Company of Pennsylvania LLC**, located at **240 North 3rd
Street, Harrisburg, Pennsylvania 17101-1521**; **United Telephone
Southeast LLC**, located at **14111 Capital Boulevard, Wake Forest,
North Carolina 27587-5900**; and **Central Telephone Company of
Virginia**, located at **1411 Capital Boulevard, Wake Forest, North
Carolina 27587-5900** (collectively Embarq 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 a certain tariffed service in the Embarq local operating
companies' operating areas in Florida, Indiana, Missouri, Nevada, New
Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, and Virginia
(collectively Service Areas). By an amendment filed June 27, 2008,
Embarq corrected certain deficiencies in its application and updated the
record regarding notice to customers. Accordingly, Embarq's application
is deemed complete as of June 27, 2008.

Embarq indicates that, in the Service Areas, it offers both expanded
interconnection through physical collocation and expanded
interconnection through virtual collocation pursuant to its federal
tariffs. Embarq explains, however, that there is a disparity in the rate
levels and rate structures that apply when its carrier customers receive
expanded interconnection through physical collocation pursuant to its
tariffs as opposed to the similar service arrangements carrier customers
may receive pursuant to Section 252 interconnection agreements. Embarq
asserts that this disparity has led to unnecessary confusion,
disagreements, and delay. Consequently, Embarq states that is plans to
discontinue the provision through federal tariffs of expanded
interconnection through physical collocation in the Service Areas.
Embarq indicates that it plans to discontinue this service during the
third quarter of 2008, or within 30 days of the Commission's approval of
the application. Embarq maintains that the proposed discontinuance will
not harm the present or future public convenience and necessity because
Embarq will grandfather existing customers so that they can remain in
service under the federal tariff. In addition, Embarq indicates that new
customers that qualify for section 251 collocation will be able to
obtain the same kind of arrangements through interconnection agreements,
and new arrangements for expanded interconnection through virtual
collocation will still be available through its federal tariffs. Embarq
indicates that, on or before June 27, 2008, it sent notice of the
proposed discontinuance by electronic mail to those carrier customers
with whom Embarq has arrangements for the use of electronic mail
notification. Embarq further indicates that all other affected carrier
customers were sent notice by first class mail on or before June 27,
2008. Embarq states that it is considered dominant with respect to the
service to be discontinued.

We seek comment on Embarq's proposed discontinuance of service,
including the steps it has taken to notify customers, given the
particular circumstances in this case and 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, Embarq's
application will be deemed to be granted automatically on the 60th day
after the release date of this public notice, unless the Commission
notifies Embarq that the grant will not be automatically effective. In
Embarq's application, Embarq indicates that it plans to discontinue the
affected service during the third quarter of 2008, or within 30 days of
the Commission's approval of the application. Accordingly, pursuant to
section 63.71(c) and the terms of Embarq's application, absent further
Commission action, Embarq may terminate the affected service in the
Service Areas on or after **September 16, 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 **August 18, 2008**. Such comments should refer to **WC
Docket No. 08-145 and Comp. Pol. File No. 874**. 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 Applicants. 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 Rodney McDonald,
(202) 418-7513 (voice), <rodney.mcdonald@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**.

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