> **DA 08-1889**

**Released: August 11, 2008**

> **COMMENTS INVITED ON APPLICATION OF LOW COUNTRY CARRIERS, INC. D/B/A
> HARGRAY LONG DISTANCE TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS
> SERVICES**
>
> **WC Docket No. 08-159**
>
> **Comp. Pol. File No. 879**
>
> **Comments Due: August 26, 2008**

**Section 214 Application**

**Applicant: Low Country Carriers, Inc. d/b/a Hargray Long Distance**

On **July 3, 2008, Low Country Carriers, Inc. d/b/a Hargray Long
Distance** (Hargray or Applicant), located at **856 William Hilton
Parkway, Bldg. C, P.O. Box 5986, Hilton Head Island, SC 29938**, 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 telecommunications services in portions of
South Carolina. By an amendment filed July 18, 2008, Hargray corrected
certain deficiencies in its initial application and updated the record
regarding notice to customers.[^1] Accordingly, Hargray's application is
deemed complete as of July 18, 2008.

Hargray indicates that it currently provides domestic local and long
distance services to customers in South Carolina. Hargray states,
however, that it provides out of territory long distance services using
3rd party switching and transport services, and that its provider plans
to take the existing switch out of service and cease offering switching
and transport services. Hargray asserts that it therefore will be
technically unable to continue to provide long distance service without
significant network enhancements in areas where it does not also provide
local service. Hargray further asserts that continuing to provide stand
alone long distance service would force it to set rates at a level that
would be uneconomical for its customers. Consequently, Hargray states
that it intends to discontinue providing long distance service in the
South Carolina communities of Beaufort, Burton, Columbia, Early Branch,
Fripp Island, Hampton, Lady's Island, Laurel Bay, Okatie, Port Royal,
Ridgeland, Saint Helena Island, Seabrook, and Tillman (South Carolina
Communities). According to Hargray, the anticipated date for the
proposed discontinuance is August 1, 2008, or as soon thereafter as the
necessary state and federal authorizations have been obtained. Hargray
indicates that, between June 27, 2008 and July 1, 2008, it sent notices
to inform affected customers of its plans to discontinue service.
Hargray further indicates that, as of July 18, 2008, it subsequently
sent letters with language in compliance with section 63.71(a) of the
Commission's rules. Hargray 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, Hargray'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 Hargray that the grant will not be automatically effective. In
Hargray's application, Hargray indicates that it anticipates
discontinuing service on or after August 1, 2008, upon completion of
obtaining all necessary federal and state regulatory approvals.
Accordingly, pursuant to section 63.71(c) and the terms of Hargray's
application, absent further Commission action, Hargray may terminate its
domestic long distance telephone service in the South Carolina
Communities on or after **September 11, 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 26, 2008**. Such comments should refer to **WC
Docket No. 08-159 and Comp. Pol. File No. 879**. 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}](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 Heather Hendrickson,
(202) 418-7295 (voice), [heather.hendrickson@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 amendment was subsequently received in the Competition Policy
    Division of the Wireline Competition Bureau on August 4, 2008.