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Discontinuance Application of Signal Point Corp.

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Released: August 1, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1683

Released: August 1, 2013

COMMENTS INVITED ON APPLICATION OF SIGNAL POINT CORP. TO DISCONTINUE

DOMESTIC TELECOMMUNICATIONS SERVICES

WC Docket No. 13-151

Comp. Pol. File No. 1113

Comments Due: August 16, 2013

Section 214 Application
Applicant: Signal Point Corp.

On

May 31, 2013, Signal Point Corp.

(Signal Point or Applicant), located at 175 Great Road,

Suite 1, Bedford, MA 01730

, 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 certain
domestic telecommunications services in all fifty states and the District of Columbia (collectively, Service
Areas).1 With amendments filed on June 12, 2013 and June 26, 2013, Signal Point corrected certain
deficiencies in its application and updated the record regarding notice to customers and state entities.2
Accordingly, Signal Point's application is deemed complete as of June 26, 2013. On July 24, 2013,
Signal Point also filed in order to update the record regarding its red light status.3
Signal Point indicates that it currently provides wholesale interconnected Direct-Inward-Dial
services (DID Services or Affected Services) to approximately 100 wholesale business customers using
resold services of other providers in the Service Areas. According to Signal Point, however, these service
offerings constitute a stagnant, small line of business for Signal Point that is no longer the principal focus
of its larger business objectives. Signal Point explains that it is no longer economically viable for it to
serve the wholesale DID market because of shrinking profitability and higher costs of administration.
Consequently, Signal Point states that it plans to discontinue the Affected Services in the Service Areas
on June 30, 2013, or as soon thereafter as the necessary regulatory approvals can be obtained. Signal
Point maintains that, as an alternative, current customers will be able to turn to other providers such as


1 The Competition Policy Division of the Wireline Competition Bureau subsequently received the filed application
on June 3, 2013.
2 See Section 63.71 Application Supplement, WC Docket No. 13-151 (filed June 12, 2013); Letter from Michael S.
Tenore, Signal Point Communications, to Ms. Marlene H. Dortch, Secretary, Federal Communications Commission
(filed June 26, 2013).
3 See Letter from Michael S. Tenore, Signal Point Communications, to Ms. Marlene H. Dortch, Secretary, Federal
Communications Commission (filed July 24, 2013) (asserting that Signal Point recently paid certain invoices that
were the cause for its red light status). Signal Point's application initially was determined to be in red light status,
but it has since completed payment of outstanding debts, and its red light status subsequently was cleared.

Level 3 Communications, Bandwidth.com and other similar companies which provide competitive DID
services and products. Signal Point indicates that written notice of the proposed discontinuance was sent
to affected customers via first class U.S. Mail on May 29, 2013 and May 30, 2013. Signal Point adds that
copies of the notice were also sent to affected customers by electronic mail. Signal Point states 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, Signal Point'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 Signal Point that the grant will not be automatically effective. In its application,
Signal Point indicates that it plans to discontinue its DID Services in the Service Areas on June 30, 2013,
or as soon thereafter as the necessary regulatory approvals can be obtained. Accordingly, pursuant to
section 63.71(c) and the terms of Signal Point's application, absent further Commission action, Signal
Point may discontinue the Affected Services in the Service Areas on or after

September 1, 2013

. 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.
Comments objecting to this application must be filed with the Commission on or before

August 16, 2013

. Such comments should refer to

WC Docket No. 13-151 and Comp. Pol. File No.
1113

. 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 may be
filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. 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 who choose to file by paper must file an original and one copy of each filing. 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. All hand-delivered or messenger-delivered paper
filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street, S.W.,
Room TW-A325, Washington, D.C. 20554. The filing hours are Monday through Friday, 8:00 a.m. to
7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and
boxes 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, Express, and Priority mail must 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.
This proceeding is considered a "permit but disclose" proceeding for purposes of the
Commission's ex parte rules.4 Persons making ex parte presentations must file a copy of any written


4 47 C.F.R. 1.1200 et seq.
2

presentation or a memorandum summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral
ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which the ex parte presentation was made,
and (2) summarize all data presented and arguments made during the presentation. If the presentation
consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's
written comments, memoranda or other filings in the proceeding, the presenter may provide citations to
such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant
page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them
in the memorandum. Documents shown or given to Commission staff during ex parte meetings are
deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In
proceedings governed by rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in
this proceeding should familiarize themselves with the Commission's ex parte rules.
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, or Kimberly Jackson, (202) 418-7393 (voice), kimberly.jackson@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.
FCC
3

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