[Federal Register Volume 64, Number 222 (Thursday, November 18, 1999)]
[Rules and Regulations]
[Pages 62983-62984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29926]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 52
[CC Docket No. 92-237; CC Docket No. 95-185; CC Docket No. 96-98; FCC
99-243]
Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document resolves issues concerning numbering
administration raised in Petitions for Reconsideration or Clarification
filed in response to the Local Competition Second Report and Order.
This document also resolves certain issues raised by the New York State
Department of Public Service (NYDPS) concerning the Commission's 10-
digit dialing rule, and resolves the Petition for Declaratory Ruling
filed by the Commonwealth of Massachusetts Department of Public
Utilities (MDPU) requesting that we clarify whether states may allow
wireless customers to retain wireless telephone numbers in an area code
subject to a geographic split.
DATES: Effective December 20, 1999.
ADDRESSES: 445 12th Street, SW, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Gregory Cooke, Senior Attorney, Common
Carrier Bureau, Network Services Division, (202) 418-2351 or via the
Internet at [email protected]. Further information may also be obtained by
calling the Common Carrier Bureau's TTY number: 202-418-0484.
SUPPLEMENTARY INFORMATION: In 1996, the Commission initiated a
rulemaking proceeding, Implementation of the Local Competition
Provisions in the Telecommunications Act of 1996, 61 FR 18311 (April
25, 1996). This summarizes the Commission's Third Order on
Reconsideration of Second Report and Order and Memorandum Opinion and
Order adopted September 13, 1999, and released October 21, 1999. The
full text of this Third Order on Reconsideration of Second Report and
Order and Memorandum Opinion and Order is available for inspection and
copying during normal business hours in the FCC Reference Center, 445
12th Street, SW, Room CY-A257, Washington, DC. The complete text also
may be obtained through the World Wide Web, at http://www.fcc.gov/
Bureaus/Common Carrier/Orders/fcc99-243.wp, or may be purchased from
the Commission's copy contractor, International Transcription Service,
Inc., (202) 857-3800, 1231 20th St., NW, Washington, DC 20036.
Synopsis
The Commission promulgated rules pursuant to section 251(b)(3) of
the Act in the Local Competition Second Report and Order. In the Third
Order on Reconsideration of Second Report and Order and Memorandum
Opinion and Order, pursuant to section 251(e)(1) of the Act which
grants the Commission ``exclusive jurisdiction over those portions of
the North American Numbering Plan (NANP) that pertain to the United
States,'' first, the Commission affirms its area code implementation
guidelines by declining to permit area code overlays based on major
trading areas (MTAs), and by declining to require permanent number
portability as a condition precedent to the implementation of area code
overlays. Second, the Commission revises its guidelines by eliminating
the requirement that an area code overlay plan include the assignment
of at least one central office code (NXX code) to each new entrant that
had no NXX codes in the original area code 90 days before introduction
of the new overlay code. Third, the Commission affirms its area code
guidelines' requirement that states must impose 10 digit dialing where
they have implemented an area code overlay, and clarifies that state
commissions may allow callers to dial national 555 numbers using 7
digits, even if the call is placed from an area code subject to an
overlay. Fourth, in response to the Petition for Declaratory Ruling
filed by the MDPU, the Commission finds that state commissions may
``take-back'' or ``grandfather'' Type 2 wireless numbers when an area
code undergoes a geographic split. Fifth, the Commission authorizes
state regulatory commissions to resolve issues involving fees charged
for the assignment and activation of NXX codes and finds that LECs are
to assess no fees for opening NXX codes. Information collections
associated with this authorization are contingent upon approval by the
Office of Management and Budget. Sixth, the Commission continues to
extend many protections under the Act to paging service providers.
Finally, the Commission affirms that its numbering administration cost
recovery formula is competitively neutral and that it will retain this
method for the current funding year. In order to include cost recovery
for the administration of the NANP in the unified report, the
Commission concluded that the NANP cost recovery allocator should be
changed to be consistent with the other reporting requirements. This
requirement will begin in the billing cycle beginning March 2000.
List of Subjects in 47 CFR Part 52
Communications common carriers, Telecommunications, Telephone.
[[Page 62984]]
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends part 52 of title 47 of the Code of
Federal Regulations 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, 201-05, 207-09, 218,
225-7, 251-2, 271 and 332 unless otherwise noted.
2. In Sec. 52.19, revise paragraphs (c)(3)(i) and (c)(3)(ii) and
remove paragraph (c)(3)(iii) to read as follows:
Sec. 52.19 Area code relief.
* * * * *
(c) * * *
(3) * * *
(i) No area code overlay may be implemented unless all central
office codes in the new overlay area code are assigned to those
entities requesting assignment on a first-come, first-serve basis,
regardless of the identity of, technology used by, or type of service
provided by that entity. No group of telecommunications carriers shall
be excluded from assignment of central office codes in the existing
area code, or be assigned such codes only from the overlay area code,
based solely on that group's provision of a specific type of
telecommunications service or use of a particular technology; and,
(ii) No area code overlay may be implemented unless there exists,
at the time of implementation, mandatory ten-digit dialing for every
telephone call within and between all area codes in the geographic area
covered by the overlay area code.
[FR Doc. 99-29926 Filed 11-17-99; 8:45 am]
BILLING CODE 6712-01-P