Item 8.01 Other Events

Effective October 26, 2009, FairPoint Communications Inc., an underlying constituent of the Telecom HOLDRS Trust (the "Trust"), was delisted from trading on NYSE. Pursuant to the prospectus for the Trust, if FairPoint Communications Inc. is not listed for trading on another national securities exchange, or through NASDAQ, within five business days from the date it is delisted, it shall be distributed by The Bank of New York Mellon. The rate of distribution is
0.0041 FairPoint Communications Inc. shares per Telecom HOLDRS. The record date and pay date for the distribution shall be November 9, 2009 and November 13, 2009, respectively.

Item 9.01. Financial Statements and Exhibits

(d) Exhibits

99.1 Telecom HOLDRS Trust Prospectus Supplement dated November 3, 2009 to Prospectus dated March 11, 2009.

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