65FR37703 Numbering Resource Optimization
robop...@us.govnews.org
Posting-number: Volume 65, Issue 117, Page 37703
[Federal Register: June 16, 2000 (Volume 65, Number 117)]
[Rules and Regulations]
[Page 37703-37709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn00-9]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 52
[CC Docket No. 99-200; FCC 00-104]
Numbering Resource Optimization
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document implements numbering resource optimization
measures which will minimize the negative impact on consumers of
premature area code exhausts; ensure sufficient access to numbering
resources for all service providers to enter into or to compete in
telecommunications markets; avoid, at least delay, exhaust of the NANP
and the need to expand the NANP; impose the least societal cost
possible, and ensure competitive neutrality, while obtaining the
highest benefit; ensure that no class of carrier or consumer is unduly
favored or disfavored by our optimization efforts, and minimize the
incentives for carriers to build and carry excessively large
inventories of numbers.
DATES: The rules in this document are effective July 17, 2000, except
for Sec. 52.15(f) which contains information collection requirements
that have not been approved by the Office of Management and Budget
(OMB). The Federal Communications Commission will publish a document in
the Federal Register announcing the effective date of Sec. 52.15(f).
ADDRESSES: Federal Communications Commission, Secretary, 445 12th
Street, SW, Room TW-B204F, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Aaron Goldberger, (202) 418-2320 or
email at agol...@fcc.gov or Cheryl Callahan at (202) 418-2320 or
ccal...@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order adopted on March 17, 2000, and released on March 31, 2000.
The full text of this Report and Order is available for inspection and
copying during normal business hours in the FCC Reference Center, 445
12th Street, SW, Washington, DC 20554. The complete text may also be
obtained through the world wide web, at http://www.fcc.gov/Bureaus/
CommonCarrier/Orders, or may be purchased from the Commission's copy
contractor, International Transcription Services, Inc., 1231 20th
Street, NW, Washington, DC 20036.
[[Page 37704]]
Synopsis of Report and Order
1. In this Report and Order the Commission adopted administrative
and technical measures that will allow us to monitor more closely the
way numbering resources are used within the NANP. Specifically, we
adopted a mandatory data reporting requirement, a uniform set of
categories of numbers for which carriers must report their utilization,
and a utilization threshold framework to increase carrier
accountability and incentives to use numbers efficiently.
2. In addition, the Commission adopted a system for allocating
numbers in blocks of one thousand, rather than ten thousand, wherever
possible (``thousands-block number pooling''), and establish a plan for
national rollout of thousands-block number pooling. Furthermore, we
adopt numbering resource reclamation requirements to ensure the return
of unused numbers to the NANP inventory for assignment to other
carriers.
3. The Commission also mandated sequential assignment of numbering
resources within thousands blocks to facilitate reclamation and the
establishment of thousands-block number pools.
4. The Commission addressed and resolved two of the major factors
that contribute to numbering resource exhaust: the absence of
regulatory, industry or economic control over requests for numbering
resources, which permits carriers to abuse the allocation system and
stockpile numbers, and the allocation of numbers in blocks of 10,000,
irrespective of the carrier's actual need for new numbers.
5. In initially concentrating on these two areas, the Commission
does not intend to abandon our examination of those optimization
measures not specifically addressed in this Report and Order. To the
contrary, we intend to pursue all viable methods available to us to
increase the life of each area code and of the NANP as a whole and to
forestall, as long as possible, the need for area code relief and
ultimately for the expansion of the NANP. We first focus on the above-
noted measures because we are convinced that they can be implemented
quickly and will produce immediate and measurable results. We intend to
address the remaining issues discussed in the Notice of Proposed
Rulemaking (64 FR 32471, June 17, 1999) as well as the additional
issues raised in the Further Notice of Proposed Rulemaking in
subsequent orders as expediently as possible.
Paperwork Reduction Act of 1995 Analysis
6. The actions contained in this Report and Order have been
analyzed with respect to the Paperwork Reduction Act of 1995 and found
to impose a new reporting requirement or burden on the public. The
rules in this document are effective July 17, 2000, except for
Sec. 52.15(f) which contains information collection requirements that
have not been approved by the Office of Management and Budget (OMB).
The Federal Communications Commission will publish a document in the
Federal Register announcing the effective date.
Final Regulatory Flexibility Analysis
7. As required by the Regulatory Flexibility Act, 5 U.S.C. 603
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated into the Notice. The Commission sought written public
comment on the proposals in the Notice, including comment on the IRFA.
There were no comments received on the IRFA. This present Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA, as amended
by the Contract with America Advancement Act of 1996 (CWAAA), Public
Law 104-121, 100 Stat. 847 (1996).
8. Need for and Objectives of this Report and Order. In the Notice
the Commission sought public comment on how best to create national
standards for numbering resource optimization. In doing so, the primary
objective was to ensure sufficient access to numbering resources for
all service providers that need them to enter into or to compete in
telecommunications markets; avoid, or at least delay, exhaust of the
NANP and the need to expand the NANP; minimize the negative impact on
consumers; impose the least cost possible, in a competitively neutral
manner, while obtaining the highest benefit. To ensure that no class of
carrier or consumer is unduly favored or disfavored by our numbering
resource optimization efforts; and minimize the incentives for building
and carrying excessively large inventories of numbers.
9. In this Report and Order the Commission adopted administrative
and technical measures that will allow it to monitor more closely the
way numbering resources are used within the NANP. Specifically, we
adopt a mandatory data reporting requirement, a uniform set of
categories of numbers for which carriers must report their utilization,
and a utilization threshold framework to increase carrier
accountability and incentives to use numbers efficiently. In addition,
we adopt a system for allocating numbers in blocks of one thousand,
rather than ten thousand, wherever possible (``thousands-block number
pooling''), and establish a plan for national rollout of thousands-
block number pooling. Furthermore, we adopt numbering resource
reclamation requirements to ensure the return of unused numbers to the
NANP inventory for assignment to other carriers. We also mandate
sequential assignment of numbering resources within thousands blocks to
facilitate reclamation and the establishment of thousands-block number
pools.
10. Description and Estimate of the Number of Small Entities That
May Be Affected by this Report and Order. The RFA directs agencies to
provide a description of, and, where feasible, an estimate of the
number of small entities that may be affected by the proposed rules, if
adopted.\1\ The Regulatory Flexibility Act defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small business concern'' under section 3
of the Small Business Act.\2\ A small business concern is one which:
(1) Is independently owned and operated; (2) is not dominant in its
field of operation; and (3) satisfies any additional criteria
established by the SBA.\3\
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\1\ 5 U.S.C. 603(b)(3).
\2\ Id. at 601(3).
\3\ Id. at 632.
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11. In this FRFA, we have considered the potential impact of this
Report and Order on all users of telephone numbering resources. The
small entities possibly affected by these rules include wireline,
wireless, and other entities, as described below. The SBA has defined a
small business for Standard Industrial Classification (SIC) categories
4,812 (Radiotelephone Communications) and 4,813 (Telephone
Communications, Except Radiotelephone) to be small entities having no
more than 1,500 employees.\4\ Although some affected incumbent local
exchange carriers (ILECs) may have 1,500 or fewer employees, we do not
believe that such entities should be considered small entities within
the meaning of the RFA because they are either dominant in their field
of operations or are not independently owned and operated, and
therefore by definition are not ``small entities'' or ``small business
concerns'' under the RFA. Accordingly, our use of the terms ``small
entities'' and ``small businesses'' does not encompass small ILECs. Out
of an abundance of caution, however, for regulatory flexibility
[[Page 37705]]
analysis purposes, we will separately consider small ILECs within this
analysis and use the term ``small ILECs'' to refer to any ILECs that
arguably might be defined by the SBA as ``small business concerns.''
\5\
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\4\ 13 CFR 121.201.
\5\ See 13 CFR 121.201, SIC code 4813. Since the time of the
Local Competition decision, 61 FR 45476 (Aug. 29, 1996), the
Commission has consistently addressed in its regulatory flexibility
analyses the impact of its rules on such ILECs.
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12. The most reliable source of information regarding the total
numbers of certain common carrier and related providers nationwide, as
well as the numbers of commercial wireless entities, appears to be data
the Commission publishes annually in its Carrier Locator: Interstate
Service Providers Report (Locator).\6\ These carriers include, inter
alia, local exchange carriers, competitive local exchange carriers,
interexchange carriers, competitive access providers, satellite service
providers, wireless telephony providers, operator service providers,
pay telephone operators, providers of telephone toll service, providers
of telephone exchange service, and resellers.
13. Total Number of Companies Affected. The U.S. Bureau of the
Census (Census Bureau) reports that, at the end of 1992, there were
3,497 firms engaged in providing telephone services, as defined
therein, for at least one year.\7\ This number contains a variety of
different categories of carriers, including local exchange carriers,
interexchange carriers, competitive access providers, cellular
carriers, mobile service carriers, operator service providers, pay
telephone operators, personal communications services providers,
covered specialized mobile radio providers, and resellers. It seems
certain that some of those 3,497 telephone service firms may not
qualify as small entities or small ILECs because they are not
``independently owned and operated.'' \8\ For example, a PCS provider
that is affiliated with an interexchange carrier having more than 1,500
employees would not meet the definition of a small business. It is
reasonable to conclude that fewer than 3,497 telephone service firms
are small entity telephone service firms or small ILECs that may be
affected by the proposed rules, if adopted.
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\6\ FCC, Carrier Locator: Interstate Service Providers at 1-2.
This report lists 3,604 companies that provided interstate
telecommunications service as of December 31, 1997 and was compiled
using information from Telecommunications Relay Service (TRS) Fund
Worksheet filed by carriers (Jan. 1999).
\7\ U.S. Department of Commerce, Bureau of the Census, 1992
Census of Transportation, Communications, and Utilities:
Establishment and Firm Size, at Firm Size 1-123 (1995) (1992
Census).
\8\ See generally 15 U.S.C. 632(a)(1).
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14. Local Service Providers. There are two principle providers of
local telephone service; ILECS and competitive local service providers.
Neither the Commission nor the SBA has developed a definition for small
providers of local exchange services (LECs). The closest applicable
definition under the SBA rules is for telephone communications
companies other than radiotelephone (wireless) companies.\9\ According
to data set forth in the FCC Statistics of Communications Common
Carriers (SOCC), 34 ILECs have more than 1,500 employees.\10\ We do not
have data specifying the number of these carriers that are either
dominant in their field of operations or are not independently owned
and operated, and thus are unable at this time to estimate with greater
precision the number of ILECs that would qualify as small business
concerns under the SBA's definition. Consequently, we estimate that
fewer than 1,376 ILECs are small entities that may be affected by the
proposed rules, if adopted.
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\9\ Id.
\10\ SOCC at Table 2.9.
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15. We have included small incumbent LECs in this present RFA
analysis. As noted above, a ``small business'' under the RFA is one
that, inter alia, meets the pertinent small business size standard
(e.g., a telephone communications business having 1,500 or fewer
employees), and ``is not dominant in its field of operation.'' \11\ The
SBA's Office of Advocacy contends that, for RFA purposes, small
incumbent LECs are not dominant in their field of operation because any
such dominance is not ``national'' in scope.\12\ We have therefore
included small incumbent LECs in this RFA analysis, although we
emphasize that this RFA action has no effect on FCC analyses and
determinations in other, non-RFA contexts.
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\11\ 5 U.S.C. 601(3).
\12\ Letter from Jere W. Glover, Chief Counsel for Advocacy,
SBA, to William E. Kennard, Chairman, FCC (May 27, 1999). The Small
Business Act contains a definition of ``small business
concern,''which the RFA incorporates into its own definition of
``small business.'' See 15 U.S.C. 632(a) (Small Busines Act); 5
U.S.C. 601(3)(RFA). SBA regulations interpret ``small business
concern'' to include the concept of dominance on a national basis.
13 CFR 121.102(b). Since 1996, out of an abundance of caution, the
Commission has included small incumbent LECs in its regulatory
flexibility analyses. See, e.g., Implementation of the Local
Competition Provisions of the Telecommunications Act of 1996. First
Report and Order. 11 FCC Rcd 15499, 16144-45 (1996), 61 FR 45476
(Aug. 29, 1996)
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16. Competitive Local Service Providers. This category includes
competitive access providers (CAPs), competitive local exchange
providers (CLECs), shared tenant service providers, local resellers,
and other local service providers. Neither the Commission nor the SBA
has developed a definition of small entities specifically applicable to
competitive local service providers. The closest applicable definition
under the SBA rules is for telephone communications companies other
than radiotelephone (wireless) companies.\13\ According to the most
recent Locator data, 145 carriers reported that they were engaged in
the provision of competitive local service.\14\ We do not have data
specifying the number of these carriers that are not independently
owned or operated, and thus are unable at this time to estimate with
greater precision the number of competitive local service providers
that would qualify as small business concerns under the SBA's
definition. Consequently, we estimate that there are fewer than 145
small entity competitive local service providers that may be affected
by the proposed rules, if adopted.
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\13\ 13 CFR 121.201, SIC code 4813.
\14\ Locator at 1-2.
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17. Providers of Toll Service. The toll industry includes providers
of interexchange services (IXCs), satellite service providers and other
toll service providers, primarily resellers. Neither the Commission nor
the SBA has developed a definition of small entities specifically
applicable to providers of toll service. The closest applicable
definition under the SBA rules is for telephone communications
companies other than radiotelephone (wireless) companies.\15\ According
to the most recent Locator data, 164 carriers reported that they were
engaged in the provision of toll services.\16\ We do not have data
specifying the number of these carriers that are not independently
owned and operated or have more than 1,500 employees, and thus are
unable at this time to estimate with greater precision the number of
toll providers that would qualify as small business concerns under the
SBA's definition. Consequently, we estimate that there are fewer than
164 small entity toll providers that may be affected by the proposed
rules, if adopted.
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\15\ 13 CFR 121.201, SIC code 4813.
\16\ Locator at 1-2.
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18. Resellers. This category includes toll resellers, operator
service providers, pre-paid calling card providers, and other toll
service providers. Neither the Commission nor the SBA has developed a
definition of small entities specifically applicable to resellers. The
closest
[[Page 37706]]
applicable SBA definition for a reseller is a telephone communications
company other than radiotelephone (wireless) companies.\17\ According
to the most recent Locator data, 405 carriers reported that they were
engaged in the resale of telephone service.\18\ We do not have data
specifying the number of these carriers that are not independently
owned or operated, and thus are unable at this time to estimate with
greater precision the number of resellers that would qualify as small
business concerns under the SBA's definition. Consequently, we estimate
that there are fewer than 405 small entity resellers that may be
affected by the proposed rules, if adopted.
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\17\ 13 CFR 121.201, SIC code 4813.
\18\ Locator at 1-2.
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19. Wireless Telephony and Paging and Messaging. Wireless telephony
includes cellular, personal communications service (PCS) or specialized
mobile radio (SMR) service providers. Neither the Commission nor the
SBA has developed a definition of small entities applicable to cellular
licensees, or to providers of paging and messaging services. The
closest applicable SBA definition for a reseller is a telephone
communications company other than radiotelephone (wireless)
companies.\19\ According to the most recent Locator data, 732 carriers
reported that they were engaged in the provision of wireless telephony
and 137 companies reported that they were engaged in the provision of
paging and messaging service.\20\ We do not have data specifying the
number of these carriers that are not independently owned or operated,
and thus are unable at this time to estimate with greater precision the
number that would qualify as small business concerns under the SBA's
definition. Consequently, we estimate that fewer than 732 carriers are
engaged in the provision of wireless telephony and fewer than 137
companies are engaged in the provision of paging and messaging service.
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\19\ 13 CFR 121.201, SIC code 4813.
\20\ Locator at 1-2.
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20. Cable and Pay Television Service Providers. The SBA has
developed a definition of small entities for cable and other pay
television services, which includes all such companies generating $11
million or less in revenue annually.\21\ This definition includes cable
systems operators, closed circuit television services, direct broadcast
satellite services, multi-point distribution systems, satellite master
antenna systems and subscription television services. According to the
Census Bureau data from 1992, there were 1,788 total cable and other
pay television services and 1,423 had less than $11 million in
revenue.\22\
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\21\ 13 CFR 121.201, SIC code 4841.
\22\ 1992 Economic Census Industry and Enterprise Receipts Size
Report, Table 2D, SIC code 4841 (U.S. Bureau of the Census data
under contract to the Office of Advocacy of the U.S. Small Business
Administration).
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21. The Commission has developed its own definition of a small
cable system operator for the purposes of rate regulation. Under the
Commission's rules, a ``small cable company'' is one serving fewer than
400,000 subscribers nationwide.\23\ Based on our most recent
information, we estimate that there were 1,439 cable operators that
qualified as small cable system operators at the end of 1995.\24\ Since
then, some of those companies may have grown to serve over 400,000
subscribers, and others may have been involved in transactions that
caused them to be combined with other cable operators. Consequently, we
estimate that there are fewer than 1,439 small entity cable system
operators.
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\23\ 47 CFR 76.901(e). The Commission developed this definition
based on its determination that a small cable system operator is one
with annual revenues of $100 million or less. Implementation of
Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and
Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393 (1995),
60 FR 10534 (Feb. 27, 1995).
\24\ Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29,
1996 (based on figures for Dec. 30, 1995).
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22. The Communications Act also contains a definition of a small
cable system operator, which is ``a cable operator that, directly or
through an affiliate, serves in the aggregate fewer than 1 percent of
all subscribers in the United States and is not affiliated with any
entity or entities whose gross annual revenues in the aggregate exceed
$250,000,000.'' \25\ The Commission has determined that there are
66,000,000 subscribers in the United States. Therefore, we found that
an operator serving fewer than 660,000 subscribers shall be deemed a
small operator, if its annual revenues, when combined with the total
annual revenues of all of its affiliates, do not exceed $250 million in
the aggregate.\26\ Based on available data, we find that the number of
cable operators serving 660,000 subscribers or less totals 1,450.\27\
We do not request nor do we collect information concerning whether
cable system operators are affiliated with entities whose gross annual
revenues exceed $250,000,000,\28\ and thus are unable at this time to
estimate with greater precision the number of cable system operators
that would qualify as small cable operators under the definition in the
Communications Act. It should be further noted that recent industry
estimates project that there will be a total of 66,000,000 subscribers,
and we have based our fee revenue estimates on that figure.
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\25\ 47 U.S.C. 543(m)(2).
\26\ 47 CFR 76.1403(b).
\27\ Paul Kagan Associates, Inc., Cable TV Investor, supra.
\28\ We do receive such information on a case-by-case basis only
if a cable operator appeals a local franchise authority's finding
that the operator does not qualify as a small cable operator
pursuant to section 76.1403(b) of the Commission's rules. See 47 CFR
76.1403(d).
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23. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements.\29\ This Report and Order mandates the
following information collection: All carriers that receive numbering
resources from the NANPA (code holders), or that receive numbering
resources from a pooling administrator in thousands-blocks (block
holders), must report forecast and utilization data to the NANPA on a
semi-annual basis. All carriers, except rural telephone companies as
defined by the Communications Act of 1934, as amended, must report
their utilization data at the thousands-block level per rate center.
Rural telephone companies in areas where local number portability has
not been implemented may report their utilization data at the NXX per
rate center level. Forecast data will be reported at the thousands-
block per rate center level in pooling NPAs, and in non-pooling NPAs at
the NXX per NPA level. Furthermore, carriers not participating in
thousands-block number pooling must report their utilization rate along
with the months to exhaust worksheet at the time they request
additional numbering resources.
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\29\ See also Notice, 64 FR 32471, for an Initial Paperwork
Reduction Act analysis.
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24. We require all carriers, except rural telephone companies, to
maintain internal records of their numbering resources for all 13
categories (5 major, and 8 subcategories) as defined in Section C.
Carriers are to maintain this data for a period of not less than 5
years.
25. Other Compliance Requirements. None.
26. Steps Taken to Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered. We have concluded
that the cost of data collection will be minimized if done
electronically. Although we have stated that all carriers must report
their forecast and utilization data electronically, we have provided
for more than one method. Large and mid-size carriers may submit by
electronic file transfer similar to FTP. Smaller carriers may file
using a
[[Page 37707]]
NANPA-developed spreadsheet format via Internet-based online access.
Very small carriers may fax their data submissions to the NANPA. We
find it reasonable to allow any carrier whose forecast and utilization
data has not changed from the previous reporting period to simply
refile the prior submission or indicate that there has been no change
since the last reporting.
27. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules. None.
Ordering Clauses
28. Accordingly, it is ordered that, pursuant to sections 1, 3, 4,
201-205, 251 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 153, 154, 201-205, 251, and Part 52 of the Commission's rules are
amended.
29. It is further ordered that the amendments to Secs. 52.7 through
52.19 of the Commission's rules as set forth in the rule changes are
effective July 17, 2000, except for Sec. 52.15(f) which contains
information collection requirements that have not been approved by OMB.
The Federal Communications Commission will publish a document in the
Federal Register announcing the effective date.
30. It is further ordered that the Commission's Consumer
Information Bureau, Reference Information Center, shall send a copy of
this Report and Order and Further Notice of Proposed Rulemaking,
including the Initial and Final Regulatory Flexibility Analyses, to the
Chief Counsel for Advocacy of Small Business Administration.
List of Subjects in 47 CFR Part 52
Communications common carriers, Telecommunications, Telephone.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
For reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 52 as follows:
PART 52--NUMBERING
1. The authority citation for part 52 continues to read as follows:
Authority: Sections 1, 2, 4, 5, 48 Stat. 1066, as amended; 47
U.S.C. 151, 152, 154, 155 unless otherwise noted. Interpret or apply
secs. 3, 4, 201-05, 207-09, 218, 225-7, 251-2, 271 and 332, 48 Stat.
1070, as amended, 1077; 47 U.S.C. 153, 154, 201-205, 207-09, 218,
225-7, 251-2, 271 and 332 unless otherwise noted.
2. Section 52.5 is amended by adding paragraph (i) to read as
follows:
Sec. 52.5 Definitions.
* * * * *
(i) Service provider. The term ``service provider'' refers to a
telecommunications carrier or other entity that receives numbering
resources from the NANPA, a Pooling Administrator or a
telecommunications carrier for the purpose of providing or establishing
telecommunications service.
3. Section 52.7 is amended by adding paragraphs (g), (h), (i) and
(j) to read as follows:
Sec. 52.7 Definitions.
* * * * *
(g) Pooling Administrator (PA). The term ``Pooling Administrator''
refers to the entity or entities responsible for administering a
thousands-block number pool.
(h) Contamination. Contamination occurs when at least one telephone
number within a block of telephone numbers is not available for
assignment to end users or customers. For purposes of this provision, a
telephone number is ``not available for assignment'' if it is
classified as administrative, aging, assigned, intermediate, or
reserved as defined in Sec. 52.15(f)(1).
(i) Donation. The term ``donation'' refers to the process by which
carriers are required to contribute telephone numbers to a thousands-
block number pool.
(j) Inventory. The term ``inventory'' refers to all telephone
numbers distributed, assigned or allocated:
(1) To a service provider; or
(2) To a pooling administrator for the purpose of establishing or
maintaining a thousands-block number pool.
4. Section 52.15 is amended by adding paragraphs (f), (g), (h), (i)
and (j) to read as follows:
Sec. 52.15 Central office code administration.
* * * * *
(f) Mandatory reporting requirements--(1) Number use categories.
Numbering resources must be classified in one of the following
categories:
(i) Administrative numbers are numbers used by telecommunications
carriers to perform internal administrative or operational functions
necessary to maintain reasonable quality of service standards.
(ii) Aging numbers are disconnected numbers that are not available
for assignment to another end user or customer for a specified period
of time. Numbers previously assigned to residential customers may be
aged for no more than 90 days. Numbers previously assigned to business
customers may be aged for no more than 360 days.
(iii) Assigned numbers are numbers working in the Public Switched
Telephone Network under an agreement such as a contract or tariff at
the request of specific end users or customers for their use, or
numbers not yet working but having a customer service order pending.
Numbers that are not yet working and have a service order pending for
more than five days shall not be classified as assigned numbers.
(iv) Available numbers are numbers that are available for
assignment to subscriber access lines, or their equivalents, within a
switching entity or point of interconnection and are not classified as
assigned, intermediate, administrative, aging, or reserved.
(v) Intermediate numbers are numbers that are made available for
use by another telecommunications carrier or non-carrier entity for the
purpose of providing telecommunications service to an end user or
customer. Numbers ported for the purpose of transferring an established
customer's service to another service provider shall not be classified
as intermediate numbers.
(vi) Reserved numbers are numbers that are held by service
providers at the request of specific end users or customers for their
future use. Numbers held for specific end users or customers for more
than 45 days shall not be classified as reserved numbers.
(2) Reporting carrier. The term ``reporting carrier'' refers to a
telecommunications carrier that receives numbering resources from the
NANPA, a Pooling Administrator or another telecommunications carrier.
(3) Data collection procedures. (i) Reporting carriers shall report
utilization and forecast data to the NANPA.
(ii) Reporting shall be by separate legal entity and must include
company name, company headquarters address, OCN, parent company OCN(s),
and the primary type of business for which the numbers are being used.
(iii) All data shall be filed electronically in a format approved
by the Common Carrier Bureau.
(4) Forecast data reporting. (i) Reporting carriers shall submit to
the NANPA a five-year forecast of their yearly numbering resource
requirements.
(ii) In areas where thousands-block number pooling has been
implemented:
(A) Reporting carriers that are required to participate in
thousands-block number pooling shall report forecast data at the
thousands-block (NXX-X) level per rate center;
[[Page 37708]]
(B) Reporting carriers that are not required to participate in
thousands-block number pooling shall report forecast data at the
central office code (NXX) level per rate center.
(iii) In areas where thousands-block number pooling has not been
implemented, reporting carriers shall report forecast data at the
central office code (NXX) level per NPA.
(iv) Reporting carriers shall identify and report separately
initial numbering resources and growth numbering resources.
(5) Utilization data reporting. (i) Reporting carriers shall submit
to the NANPA a utilization report of their current inventory of
numbering resources. The report shall classify numbering resources in
the following number use categories: assigned, intermediate, reserved,
aging, and administrative.
(ii) Rural telephone companies, as defined in the Communications
Act of 1934, as amended, 47 U.S.C. 153(37), that provide
telecommunications service in areas where local number portability has
not been implemented shall report utilization data at the central
office code (NXX) level per rate center in those areas.
(iii) All other reporting carriers shall report utilization data at
the thousands-block (NXX-X) level per rate center.
(6) Reporting frequency. (i) Reporting carriers shall file forecast
and utilization reports semi-annually on or before February 1 for the
preceding reporting period ending on December 31, and on or before
August 1 for the preceding reporting period ending on June 30.
Mandatory reporting shall commence August 1, 2000.
(ii) State commissions may reduce the reporting frequency for NPAs
in their states to annual. Reporting carriers operating in such NPAs
shall file forecast and utilization reports annually on or before
August 1 for the preceding reporting period ending on June 30,
commencing August 1, 2000.
(iii) A state commission seeking to reduce the reporting frequency
pursuant to paragraph (f) (6)(ii) of this section shall notify the
Common Carrier Bureau and the NANPA in writing prior to reducing the
reporting frequency.
(7) Access to data and confidentiality--States shall have access to
data reported to the NANPA provided that they have appropriate
protections in place to prevent public disclosure of disaggregated,
carrier-specific data.
(g) Applications for numbering resources--(1) General requirements.
All applications for numbering resources must include the company name,
company headquarters address, OCN, parent company's OCN(s), and the
primary type of business in which the numbering resources will be used.
(2) Initial numbering resources. Applications for initial numbering
resources shall include evidence that:
(i) The applicant is authorized to provide service in the area for
which the numbering resources are being requested; and
(ii) The applicant is or will be capable of providing service
within sixty (60) days of the numbering resources activation date.
(3) Growth numbering resources. (i) Applications for growth
numbering resources shall include:
(A) A Months-to-Exhaust Worksheet that provides utilization by rate
center for the preceding six months and projected monthly utilization
for the next twelve (12) months; and
(B) The applicant's current numbering resource utilization level
for the rate center in which it is seeking growth numbering resources.
(ii) The numbering resource utilization level shall be calculated
by dividing all assigned numbers by the total numbering resources in
the applicant's inventory and multiplying the result by 100. Numbering
resources activated in the Local Exchange Routing Guide (LERG) within
the preceding 90 days of reporting utilization levels may be excluded
from the utilization calculation.
(iii) All service providers shall maintain no more than a six-month
inventory of telephone numbers in each rate center or service area in
which it provides telecommunications service.
(iv) The NANPA shall withhold numbering resources from any U.S.
carrier that fails to comply with the reporting and numbering resource
application requirements established in this part. The NANPA shall not
issue numbering resources to a carrier without an Operating Company
Number (OCN). The NANPA must notify the carrier in writing of its
decision to withhold numbering resources within ten (10) days of
receiving a request for numbering resources. The carrier may challenge
the NANPA's decision to the appropriate state regulatory commission.
The state regulatory commission may affirm or overturn the NANPA's
decision to withhold numbering resources from the carrier based on its
determination of compliance with the reporting and numbering resource
application requirements herein.
(h) [Reserved]
(i) Reclamation of numbering resources. (1) Reclamation refers to
the process by which service providers are required to return numbering
resources to the NANPA or the Pooling Administrator.
(2) State commissions may investigate and determine whether service
providers have activated their numbering resources and may request
proof from all service providers that numbering resources have been
activated and assignment of telephone numbers has commenced.
(3) Service providers may be required to reduce contamination
levels to facilitate reclamation and/or pooling.
(4) State commissions shall provide service providers an
opportunity to explain the circumstances causing the delay in
activating and commencing assignment of their numbering resources prior
to initiating reclamation.
(5) The NANPA and the Pooling Administrator shall abide by the
state commission's determination to reclaim numbering resources if the
state commission is satisfied that the service provider has not
activated and commenced assignment to end users of their numbering
resources within six months of receipt.
(6) The NANPA and Pooling Administrator shall initiate reclamation
within sixty days of expiration of the service provider's applicable
activation deadline.
(7) If a state commission declines to exercise the authority
delegated to it in this paragraph, the entity or entities designated by
the Commission to serve as the NANPA shall exercise this authority with
respect to NXX codes and the Pooling Administrator shall exercise this
authority with respect to thousands-blocks. The NANPA and the Pooling
Administrator shall consult with the Common Carrier Bureau prior to
exercising the authority delegated to it in this provision.
(j) Sequential number assignment. (1) All service providers shall
assign all available telephone numbers within an opened thousands-block
before assigning telephone numbers from an uncontaminated thousands-
block, unless the available numbers in the opened thousands-block are
not sufficient to meet a specific customer request. This requirement
shall apply to a service provider's existing numbering resources as
well as any new numbering resources it obtains in the future.
(2) A service provider that opens an uncontaminated thousands-block
prior to assigning all available telephone numbers within an opened
thousands-block should be prepared to demonstrate to the state
commission:
(i) A genuine request from a customer detailing the specific need
for telephone numbers; and
[[Page 37709]]
(ii) The service provider's inability to meet the specific customer
request for telephone numbers from the available numbers within the
service provider's opened thousands-blocks.
(3) Upon a finding by a state commission that a service provider
inappropriately assigned telephone numbers from an uncontaminated
thousands-block, the NANPA or the Pooling Administrator shall suspend
assignment or allocation of any additional numbering resources to that
service provider in the applicable NPA until the service provider
demonstrates that it does not have sufficient numbering resources to
meet a specific customer request.
5. Add Sec. 52.20 to read as follows:
Sec. 52.20 Thousands-block number pooling.
(a) Definition. Thousands-block number pooling is a process by
which the 10,000 numbers in a central office code (NXX) are separated
into ten sequential blocks of 1,000 numbers each (thousands-blocks),
and allocated separately within a rate center.
(b) General requirements. Pursuant to the Commission's adoption of
thousands-block number pooling as a mandatory nationwide numbering
resource optimization strategy, all carriers capable of providing local
number portability (LNP) must participate in thousands-block number
pooling where it is implemented and consistent with the national
thousands-block number pooling framework established by the Commission.
(c) Donation of thousands-blocks. (1) All service providers
required to participate in thousands-block number pooling shall donate
thousands-blocks with less than ten percent contamination to the
thousands-block number pool for the rate center within which the
numbering resources are assigned.
(2) All service providers required to participate in thousands-
block number pooling shall be allowed to maintain at least one
thousands-block per rate center, even if the thousands-block is less
than ten-percent contaminated, as an initial block or footprint block.
(3) Telephone numbers assigned to customers of service providers
from donated thousands-blocks that are contaminated shall be ported
back to the donating service provider.
(d) Thousands-Block Pooling Administrator. (1) The Pooling
Administrator shall be a non-governmental entity that is impartial and
not aligned with any particular telecommunication industry segment, and
shall comply with the same neutrality requirements that the NANPA is
subject to under this part.
(2) The Pooling Administrator shall maintain no more than a six-
month inventory of telephone numbers in each thousands-block number
pool.
[FR Doc. 00-15199 Filed 6-15-00; 8:45 am]
BILLING CODE 6712-01-P