Federal Communications Commission DA 07-2354
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Ultimate Medium Communications
Corporation
Complaints Regarding 
Unauthorized Change of
Subscriber’s Telecommunications Carrier
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IC No.  06-S001481
06-S001485
06-S001492
06-S001493
06-S001497
06-S0254661
06-S0255184
 06-S0256429
06-S0256442
06-S0258210
 06-S0258228
06-S0259253
06-S0259321
06-S0259590
06-S0259591
06-S0259693
 07-S0260923
 07-S0261592
07-S0262340
 07-S0266370               
 07-S0260854
ORDER
Adopted:  May 30, 2007 Released: June 8, 2007
By the Deputy Chief, Consumer Policy Division, Consumer & Governmental Affairs Bureau:
1. In this Order, we consider the complaints filed by Complainants’1 alleging that
Ultimate Media Communications Corporation (UMCC)2 changed Complainants’
telecommunications service providers without obtaining authorization and verification in 
violation of the Commission’s rules.3 We conclude that UMCC’s actions did result in
unauthorized changes in Complainants’ telecommunications service providers and we grant 
Complainants’ complaints.
  
1 See Appendix A.
2 These complaints were originally served on Buzz Telecom, Inc. (Buzz).  Buzz has sold all 
company assets, including trade names, and conveyed all rights to service and bill Buzz customers to UMCC 
Holdings, Inc.
3 See 47 C.F.R. §§ 64.1100 – 64.1190.
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2. In December 1998, the Commission released the Section 258 Order in which it 
adopted rules to implement Section 258 of the Communications Act of 1934 (Act), as amended 
by the Telecommunications Act of 1996 (1996 Act).4 Section 258 prohibits the practice of 
“slamming,” the submission or execution of an unauthorized change in a subscriber’s selection of 
a provider of telephone exchange service or telephone toll service.5 In the Section 258 Order, the 
Commission adopted aggressive new rules designed to take the profit out of slamming, 
broadened the scope of the slamming rules to encompass all carriers, and modified its existing 
requirements for the authorization and verification of preferred carrier changes.  The rules 
require, among other things, that a carrier receive individual subscriber consent before a carrier 
change may occur.6 Pursuant to Section 258, carriers are absolutely barred from changing a 
customer's preferred local or long distance carrier without first complying with one of the 
Commission's verification procedures.7 Specifically, a carrier must:  (1) obtain the subscriber's 
written or electronically signed authorization in a format that meets the requirements of 
Section 64.1130; (2) obtain confirmation from the subscriber via a toll-free number provided 
exclusively for the purpose of confirming orders electronically; or (3) utilize an independent third 
party to verify the subscriber's order.8
3. The Commission also has adopted liability rules.  These rules require the carrier 
to absolve the subscriber where the subscriber has not paid his or her bill.  In that context, if the 
subscriber has not already paid charges to the unauthorized carrier, the subscriber is absolved of 
liability for charges imposed by the unauthorized carrier for service provided during the first 30 
  
4 47 U.S.C. § 258(a); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); 
Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996; 
Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 
94-129, Second Report and Order and Further Notice of Proposed Rule Making, 14 FCC Rcd 1508 (1998) 
(Section 258 Order), stayed in part, MCI WorldCom v. FCC, No. 99-1125 (D.C. Cir. May 18, 1999); First Order 
on Reconsideration, 15 FCC Rcd 8158 (2000); stay lifted, MCI WorldCom v. FCC, No. 99-1125 (D.C. Cir. June 
27, 2000); Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996 (2000), Errata, DA 
No. 00-2163 (rel. Sept. 25, 2000), Erratum, DA No. 00-2192 (rel. Oct. 4, 2000), Order, FCC 01-67 (rel. Feb. 22, 
2001); Third Order on Reconsideration and Second Further Notice of Proposed Rule Making, 18 FCC Rcd 5099 
(2003); Order, 18 FCC Rcd 10997 (2003).  Prior to the adoption of  Section 258, the Commission had taken 
various steps to address the slamming problem.  See, e.g., Policies and Rules Concerning Unauthorized Changes 
of Consumers' Long Distance Carriers, CC Docket No. 94-129, Report and Order, 10 FCC Rcd 9560 (1995), 
stayed in part, 11 FCC Rcd 856 (1995); Policies and Rules Concerning Changing Long Distance Carriers, CC 
Docket No. 91-64, 7 FCC Rcd 1038 (1992), reconsideration denied, 8 FCC Rcd 3215 (1993); Investigation of 
Access and Divestiture Related Tariffs, CC Docket No. 83-1145, Phase I, 101 F.C.C.2d 911, 101 F.C.C.2d 935, 
reconsideration denied, 102 F.C.C.2d 503 (1985).
5 47 U.S.C. § 258(a).
6 See 47 C.F.R. § 64.1120.
7 47 U.S.C. § 258(a).
8 See 47 C.F.R. § 64.1120(c).  Section 64.1130 details the requirements for letter of agency form 
and content for written or electronically signed authorizations.  47 C.F.R. § 64.1130.
Federal Communications Commission DA 07-2354
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days after the unauthorized change.9 Where the subscriber has paid charges to the unauthorized 
carrier, the Commission’s rules require that the unauthorized carrier pay 150% of those charges 
to the authorized carrier, and the authorized carrier shall refund or credit to the subscriber 50% of 
all charges paid by the subscriber to the unauthorized carrier.10 Carriers should note that our 
actions in this order do not preclude the Commission from taking additional action, if warranted, 
pursuant to Section 503 of the Act.11
4. We received Complainants’ complaints alleging that Complainants’ 
telecommunications service providers had been changed to UMCC without Complainants’ 
authorization.  Pursuant to Sections 1.719 and 64.1150 of our rules,12 we notified UMCC of the 
complaints.  UMCC has failed to respond to the complaints.  The failure of UMCC to respond 
or provide proof of the verifications is presumed to be clear and convincing evidence of 
violations.13  Therefore, we find that UMCC’s actions resulted in unauthorized changes in 
Complainants’ telecommunications service providers and we discuss UMCC’s liability below.14  
We also will forward a copy of the record of this proceeding to our Enforcement Bureau to 
determine what additional action may be necessary.
5. UMCC must remove all charges incurred for service provided to Complainants 
for the first thirty days after the alleged unauthorized changes in accordance with the 
Commission’s liability rules.15 We have determined that Complainants are entitled to absolution 
for the charges incurred during the first thirty days after the unauthorized change occurred and 
that neither the Complainants authorized carrier nor UMCC may pursue any collection against 
Complainants for those charges.16 Any charges imposed by UMCC on the subscribers for service 
  
9 See 47 C.F.R. §§ 64.1140, 64.1160.  Any charges imposed by the unauthorized carrier on the 
subscriber for service provided after this 30-day period shall be paid by the subscriber to the authorized carrier at 
the rates the subscriber was paying to the authorized carrier at the time of the unauthorized change. Id.
10 See 47 C.F.R. §§ 64.1140, 64.1170.
11 See 47 U.S.C. § 503.
12 47 C.F.R. § 1.719 (Commission procedure for informal complaints filed pursuant to Section 258 
of the Act); 47 C.F.R. § 64.1150 (procedures for resolution of unauthorized changes in preferred carrier).
13 See 47 C.F.R. § 64.1150(d).  These complaints were originally served on Buzz and Buzz has 
sold all company assets, including trade names, and conveyed all rights to service and bill Buzz customers to 
UMCC.  See supra n.2.  We note that UMCC did not file proper notice with the Commission prior to transferring 
Complainants’ service from Buzz in violation of the Commission’s slamming rules.  See 47 C.F.R. § 
64.1120(e)(1).
14 If a Complainant is unsatisfied with the resolution of this complaint, such Complainant may file a 
formal complaint with the Commission pursuant to Section 1.721 of the Commission’s rules, 47 C.F.R. § 1.721.  
Such filing will be deemed to relate back to the filing date of such Complainant’s informal complaint so long as the 
formal complaint is filed within 45 days from the date this order is mailed or delivered electronically to such 
Complainant.  See 47 C.F.R. § 1.719.
15 See 47 C.F.R. § 64.1160(b).
16 See 47 C.F.R. § 64.1160(d).
Federal Communications Commission DA 07-2354
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provided after this 30-day period shall be paid by the subscribers to the their respective 
authorized carrier at the rates the subscribers were paying to the respective authorized carrier at 
the time of unauthorized changes of telecommunications service providers.17  
6. Accordingly, IT IS ORDERED that, pursuant to Section 258 of the 
Communications Act of 1934, as amended, 47 U.S.C. § 258, and Sections 0.141, 0.361 and 
1.719 of the Commission’s rules, 47 C.F.R. §§ 0.141, 0.361, 1.719, the complaints filed by 
Complainants against Ultimate Media Communications Corporation ARE GRANTED.
7. IT IS FURTHER ORDERED that, pursuant to Section 64.1170(d) of the 
Commission’s rules, 47 C.F.R. § 64.1170(d), Complainants are entitled to absolution for the 
charges incurred during the first thirty days after the unauthorized change occurred and neither 
Complainants’ authorized carrier nor UMCC may pursue any collection against Complainants for 
those charges.
8. IT IS FURTHERED ORDERED that this Order is effective upon release.
FEDERAL COMMUNICATIONS COMMISSION
Nancy A. Stevenson, Deputy Chief
Consumer Policy Division
Consumer & Governmental Affairs Bureau
  
17 See 47 C.F.R. §§ 64.1140, 64.1160.
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APPENDIX A
INFORMAL DATE OF DATE OF AUTHORIZED
COMPLAINT COMPLAINT SERVED NOTICE     CARRIER
06-S001481 December 7, 2006 March 23, 2007 Verizon
06-S001485 December 7, 2006 March 23, 2007 AT&T, Inc.
06-S001492 December 29, 2006 March 23, 2007 AT&T, Inc.
06-S001493 December 29, 2006 March 23, 2007
06-S001497 January 3, 2007 March 23, 2007
06-S0254661 November 7, 2006 March 23, 2007 Verizon
06-S0255184 November 8, 2006 March 23, 2007
06-S0256429 October 11, 2006 March 23, 2007
06-S0256442 November 21, 2006 March 23, 2007 AT&T Corporation
06-S0258210 November 30, 2006 March 23, 2007 MCI
06-S0258228 December 6, 2006 March 23, 2007 Windstream Comm.
06-S0259253 December 11, 2006 March 23, 2007
06-S0259321 December 11, 2006 March 23, 2007 Verizon
06-S0259590 December 12, 2006 March 23, 2007 AT&T Corporation
06-S0259591 December 12, 2006 March 23, 2007
06-S0259693 December 19, 2006 March 23, 2007 Windstream Comm.
07-S0260923 February 20, 2007 March 23, 2007
07-S0261592 January 9, 2007 March 23, 2007
07-S0262340 January 8, 2007 March 23, 2007
07-S0266370 January 16, 2007 March 23, 2007
07-S0260854 November 20, 2006 March 23, 2007  AT&T, Inc.