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Signal Point Discontinuance Application Not Automatically Granted

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Released: August 30, 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 13-1852

Released: August 30, 2013

APPLICATION OF SIGNAL POINT CORP. TO DISCONTINUE DOMESTIC

TELECOMMUNICATIONS SERVICES NOT AUTOMATICALLY GRANTED

WC Docket No. 13-152

Comp. Pol. File No. 1114

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
Signal Point's application initially was determined to be in red light status, but it completed payment of
outstanding debts, and its red light status subsequently was cleared.3 By Public Notice dated August 1,
2013, the Commission notified the public that, in accordance with 47 C.F.R. 63.71(c), Signal Point's
application would be deemed to be automatically granted on the 31st day after the release date of the
notice (i.e., September 1, 2013), unless the Commission notifies Signal Point that the grant will not be
automatically effective.4 With this Public Notice, the Wireline Competition Bureau announces that
Signal Point's application to discontinue service will not be automatically granted.
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.
Where there are concerns, however, as to whether a service has reasonable substitutes or whether the
present or future public convenience and necessity will be adversely affected, the Commission may
announce the removal of the application from automatic grant if necessary, consistent with its statutory


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. 13-152 (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). Accordingly, Signal Point's application is deemed complete as of 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).
4 Comments Invited on Application of Signal Point Corp. to Discontinue Domestic Telecommunications Services,
Public Notice, WC Docket No. 13-152, DA 13-1684 (Wireline Comp. Bur. rel. Aug. 1, 2013). See also 47 C.F.R.
63.71(c).

obligations.5 In this case, the Commission has received several comments from customers complaining
that they currently are unable to make long distance calls using the remaining balances on their prepaid
calling cards.6 Signal Point responded to the comments and confirmed that it discontinued providing
calling card services without authorization from the Commission.7 Signal Point emphasizes that it has
committed to issuing refunds to every customer that contacts the company with a valid PIN.8 Because
Signal Point has discontinued its prepaid calling card services prior to receiving Commission
authorization, we find that the public interest will not be served by an automatic grant of Signal Point's
application. Therefore, by this Public Notice, Signal Point is notified that its application to discontinue its
retail and wholesale calling card services will not be granted automatically.
This proceeding is considered a "permit but disclose" proceeding for purposes of the
Commission's ex parte rules.9 Persons making ex parte presentations must file a copy of any written
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,


5 See 47 U.S.C. 214(a); 47 C.F.R. 63.71; see also Policy and Rules Concerning Rates for Competitive Common
Carrier Services and Facilities Authorizations Therefor
, First Report and Order, CC Docket No. 79-252, 85 FCC 2d
1, 49 (1980) (Competitive Carrier First Report and Order) ("[W]e have retained the right to delay grant of a
discontinuance authorization if we believe an unreasonable degree of customer hardship would result."); Federal
Communications Comm'n v. RCA Communications, Inc
., 346 U.S. 86, 90 (1953). See, e.g., AT&T Application to
Discontinue Interstate Sent-Paid Coin Service Not Automatically Granted
, Public Notice, NSD File No. W-P-D-
497, 16 FCC Rcd 14935 (Common Carrier Bur. 2001).
6 See, e.g., Comments of Virginia W. Clark, WC Docket No. 13-152 (filed Aug. 7, 2013); Comments of Maria
Mazzeo, WC Docket No. 13-152 (filed July 30, 2013); Comments of John E. Nichols, WC Docket No. 13-152 (filed
Aug. 5, 2013); and Comments of Robert Riendeau, WC Docket No. 13-152 (filed Aug. 5, 2013). Additional
comments that address the premature discontinuance of Signal Point's calling card services and customer
preferences for these services were filed in both WC Docket No. 13-151 and WC Docket No. 13-152. See
Comments of Atinuke, WC Docket No. 13-151 (filed July 22, 2013); Comments of Elizabeth Burkhart, WC Docket
No. 13-151 (filed July 2, 2013); Comments of Geneva H. Clancy, WC Docket No. 13-152 (filed July 23, 2013);
Comments of Phyllis Fortier, WC Docket No. 13-151 (filed July 30, 2013); Comments of Elke Gudath, WC Docket
No. 13-151 (filed Aug. 23, 2013) (late filed comment); Comments of Jean Rioux, WC Docket No. 13-151 (filed July
16, 2013); Comments of Maurice Viens, WC Docket No. 13-151 (filed July 29, 2013).
7 See Section 63.71 Application Supplement and Response to Comments, WC Docket No. 13-152 at 2 (filed
Aug. 29, 2013) (Signal Point Supplement and Response); see also Signal Point Reply, WC Docket No. 13-152 (filed
July 12, 2013); Signal Point Reply, WC Docket No. 13-151 (filed Aug. 6, 2013).
8 See Signal Point Supplement and Response at 4.
9 47 C.F.R. 1.1200 et seq.
2

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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