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Comments Invited on Unity Telecom, LLC Discontinuance Application

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Released: April 30, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-964

Released: April 30, 2013




WC Docket No. 13-103

Comp. Pol. File No. 1096

Comments Due: May 15, 2013

Section 214 Application
Applicant: Unity Telecom, LLC f/k/a dPi Teleconnect, LLC


April 3, 2013, Unity Telecom, LLC f/k/a dPi Teleconnect, LLC

(Unity Telecom or
Applicant), located at 1330 Capital Parkway, Carrollton, TX 75006, 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 Alabama,
Arkansas, California, Delaware, Florida, Georgia, Indiana, Kentucky, Louisiana, Maryland,
Massachusetts, Missouri, Nevada, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania,
South Carolina, Tennessee, Texas, Virginia and West Virginia (collectively, Service Areas). With an
amendment filed on April 26, 2013, Unity Telecom clarified certain details regarding the geographic
scope of the proposed discontinuance.1 Accordingly, Unity Telecom’s application is deemed complete as
of April 26, 2013.
Unity Telecom indicates that it currently offers a range of wireline, wireless and Voice-over-
Internet-Protocol communications services, including its Home Phone service package (Home Phone
service package or Affected Services). Unity Telecom describes its Home Phone Service Package as
consisting of prepaid residential wireline local exchange and interexchange services. Unity Telecom
explains, however, that it is revising its business plan in response to changing market conditions and it has
determined that it is no longer feasible to offer its current Home Phone service package in the Service
Areas. Accordingly, Unity Telecom states that it plans to discontinue the Affected Services in the Service
Areas on May 31, 2013, subject to regulatory authorization.2 Unity Telecom maintains that the proposed
discontinuance will not harm affected customers because they are being provided with ample notice of the
discontinuance and equivalent service offerings are available from other carriers. Unity Telecom

1 See Letter from Winafred Brantl, Counsel to Unity Telecom, LLC, to Marlene H. Dortch, Secretary, Federal
Communications Commission (filed April 26, 2013) (explaining that Arizona and Michigan were mistakenly listed
in the customer notice even though the proposed discontinuance will not affect services offered in those states and
Unity Telecom does not have any customers in those states).
2 In its notice, Unity Telecom also suggests that it will no longer make any changes to, or reconnect, existing
Affected Services and will not accept orders for new Affected Services effective with its notice.

specifies that one or more other carriers in each state provide similar prepaid packages and that many
more carriers, including incumbent carriers, provide these services on a post-paid basis. Unity Telecom
indicates that it provided written notice to all affected customers by first class mail on March 27, 2013.
Unity Telecom submits that its notice clearly underscores that customers must make arrangements to
avoid loss of service and that the notice provides a toll-free telephone number that customers may call to
reach Unity Telecom service representatives for assistance with their transition. Unity Telecom 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, Unity Telecom’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 Unity Telecom that the grant will not be automatically effective. In its
application, Unity Telecom indicates that it plans to discontinue the Affected Services in the Service
Areas on May 31, 2013, subject to regulatory authorization. Accordingly, pursuant to section 63.71(c)
and the terms of Unity Telecom’s application, absent further Commission action, Unity Telecom may
discontinue, reduce or impair the Affected Services in the Service Areas on or after

May 31, 2013

Specifically, pursuant to section 63.71(c) and the terms of Unity Telecom’s application, absent further
Commission action, Unity Telecom may cease making any changes to, or reconnecting existing Affected
Services, may cease accepting orders for new Affected Services, and may terminate the Affected Services
in the Service Areas on or after May 31, 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

May 15,

2013. Such comments should refer to

WC Docket No. 13-103 and Comp. Pol. File No. 1096

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: 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.3 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,
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 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),, or Kimberly Jackson, (202) 418-7393 (voice),, 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
– FCC –

3 47 C.F.R. §§ 1.1200 et seq.

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