Local Number Portability Porting Interval and Validation Requirements: Telephone Number Portability

Federal Register: February 1, 2010 (Volume 75, Number 20)

Proposed Rules

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From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr01fe10-11

FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 52

WC Docket No. 07-244; DA 09-2569

Local Number Portability Porting Interval and Validation

Requirements; Telephone Number Portability

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

SUMMARY: The Wireline Competition Bureau seeks comment on two proposals submitted to the Commission regarding what data fields are necessary in order to complete simple wireline-to-wireline and intermodal ports within the one business day porting interval mandated by the Federal

Communications Commission.

DATES: Comments are due on or before February 16, 2010, and reply comments are due on or before February 22, 2010. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public, Office of Management and

Budget (OMB), and other interested parties on or before April 2, 2010.

ADDRESSES: You may submit comments, identified by WC Docket No. 07-244, by any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Federal Communications Commission's Web Site: http:// www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.

E-mail: ecfs@fcc.gov, and include the following words in the body of the message, ``get form.'' A sample form and directions will be sent in response. Include the docket number(s) in the subject line of the message.

Mail: Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554.

Hand Delivery/Courier: FCC Headquarters building located at 445 12th Street, SW., Room TW-A325, Washington, DC 20554.

People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418- 0530 or TTY: 202-418-0432.

All submissions received must include the agency name and docket numbers for this rulemaking, WC Docket No. 07-244. All comments received will be posted without change to http://www.fcc.gov/cgb/ecfs.

For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY

INFORMATION section of this document.

In addition to filing comments with the Secretary, a copy of any comments on the Paperwork Reduction Act information collection requirements contained herein should be submitted to the Federal

Communications Commission via e-mail to PRA@fcc.gov and to Nicholas A.

Fraser, Office of Management and Budget, via e-mail to Nicholas_A._

Fraser@omb.eop.gov or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Marilyn Jones, Wireline Competition

Bureau, (202) 418-2357. For additional information concerning the

Paperwork Reduction Act information collection requirements contained in this document, send an e-mail to PRA@fcc.gov or contact Judith B.

Herman at 202-418-0214.

SUPPLEMENTARY INFORMATION: In the Commission's May 13, 2009 Porting

Interval Order and Further Notice, it sought comment, inter alia, on whether different or additional information fields are necessary for completing simple ports. On November 2, 2009, the North American

Numbering Council (NANC) Local Number Portability Administration

Working Group submitted in this docket a non-consensus recommendation for Standard Local Service Request Data Fields, which accompanied the

NANC's Recommended Plan for Implementation of FCC Order 09-41. The recommendation proposes a set of 14 standard fields required to complete simple ports within the one business day porting interval for simple wireline-to-wireline and intermodal ports mandated by the

Commission in the Porting Interval Order and Further Notice. On

November 19, 2009, the National Cable & Telecommunication Association

(NCTA), Cox Communications, and Comcast Corporation submitted an alternative proposal of eight standard fields to complete simple ports within the one business day porting interval. We seek comment on these proposals. Specifically, we seek comment on what fields are necessary in order to complete simple ports--wireline-to-wireline and intermodal--within the one business day interval. As we previously clarified, entities subject to our LNP obligations may not demand information beyond what is required to validate a port request and accomplish a port. Thus, commenters should focus on the minimum amount of information needed to complete a port in considering what number of fields is appropriate.

The Commission concluded that nine months after the NANC submits its recommendation is sufficient time for parties to implement changes needed to implement one business day porting for simple wireline-to- wireline and intermodal port requests. Thus, to expedite the

Commission's further consideration of the recommendations and facilitate implementation within this time frame, interested parties may file comments on or before February 16, 2010, and reply comments on or before February 22, 2010.

Comments may be filed using the Commission's Electronic Comment

Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of the proceeding, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking numbers. All filings concerning this Public Notice should refer to WC Docket No. 07-244.

Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, ``get form.'' A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in

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the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number.

Paper filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S.

Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). Parties are strongly encouraged to file comments electronically using the Commission's ECFS.

The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at the

FCC Headquarters building located at 445 12th Street, SW., Room TW-

A325, Washington, DC 20554.

--The filing hours at this location are 8 a.m. to 7 p.m.

--All hand deliveries must be held together with rubber bands or fasteners.

--Any envelopes 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 mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554.

All filings must be addressed to the Commission's Secretary, Marlene H.

Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall also serve one copy with the Commission's copy contractor, Best Copy and Printing,

Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402,

Washington, DC 20554, (202) 488-5300, or via e-mail to fcc@bcpiweb.com.

Documents in WC Docket No. 07-244 will be available for public inspection and copying during business hours at the FCC Reference

Information Center, Portals II, 445 12th St., SW., Room CY-A257,

Washington, DC 20554. The documents may also be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com.

To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental

Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

This matter shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one- or two-sentence description of the views and arguments presented generally is required. Other requirements pertaining to oral and written presentations are set forth in Section 1.1206(b) of the Commission's rules.

Initial Paperwork Reduction Act of 1995 Analysis

This document contains proposed information collections requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of

Management and Budget (OMB) to comment on the information collection requirements contained in this document, as required by the Paperwork

Reduction Act of 1995, Public Law 104-13. Public and agency comments are due April 2, 2010.

Comments should address: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. In addition, pursuant to the Small Business Paperwork Relief Act of 2002,

Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.''

OMB Control Number: 3060-0742.

Title: Sections 52.21 through 52.33, Telephone Number Portability

(47 CFR part 52, subpart C) and CC Docket No. 95-116.

Form No.: N/A.

Type of Review: Revision of currently approved collection.

Respondents: Business or other for-profit.

Number of Respondents and Responses: 3,616 respondents; 10,001,890 responses.

Estimated Time per Response: 4 minutes (average).

Frequency of Response: On occasion and one-time reporting requirements, recordkeeping requirement and third party disclosure requirement.

Obligation to Respond: Required to obtain or retain benefits.

Total Annual Burden: 672,516 hours.

Total Annual Costs: $13,424,320.

Privacy Act Impact Assessment: No impacts.

Nature and Extent of Confidentiality: This collection does not address information of a confidential nature.

Needs and Uses: Section 251(b)(2) of the Communications Act of 1934, as amended (the Act), requires local exchange carriers (LECs) to

``provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the Commission.'' Through the local number portability (LNP) process, consumers have the ability to retain their phone number when switching telecommunications service providers, enabling them to choose a provider that best suits their needs and enhancing competition. In the Porting Interval Order and

Further Notice, the Commission mandated a one business day porting interval for simple wireline-to-wireline and intermodal port requests.

The information collected in the standard local service request data fields is necessary to complete simple wireline-to-wireline and intermodal ports within the one business day porting interval mandated by the Commission and will be used to comply with Section 251 of the

Telecommunications Act of 1996.

Part 52, Subpart C implements the statutory requirements that LECs and Commercial Mobile Radio Service (CMRS) providers provide LNP as set forth in Sections 1, 2, 4, 251, and 332 of the Telecommunications Act of 1996. The Commission requires the following information to be collected from various entities: (1) Requests for long-term number portability; (2) petitions to extend implementation deadline; (3) tariffs and cost support materials; and (4) recordkeeping requirement.

(1) Long-term number portability must be provided by LECs and CMRS providers in switches for which another carrier has made a specific request for number portability, according to the Commission's deployment schedule. Wireline carriers began providing LNP in 1998. In a Memorandum Opinion and Order, FCC 02-215, CC Docket No. 95-116, the

Commission extended the deadline for CMRS providers to offer LNP. CMRS providers began offering LNP in 2003.

(2) Carriers that are unable to meet the deadlines for implementing a long-term number portability solution are required to file with the

Commission at least 60 days in advance of the deadline a petition to extend the time by which

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implementation in its network will be completed.

(3) Incumbent LECs may recover their carrier-specific costs directly related to providing long-term number portability by establishing in tariffs filed with the Commission certain number portability charges. See 47 CFR 52.33. Incumbent LECs are required to include many details in their cost support that are unique to the number portability proceeding pursuant to the Cost Classification

Order. For instance, incumbent LECs must demonstrate that any incremental overhead costs claimed in their cost support are actually new cost incremental to and resulting from the provision of long-term number portability. See the Cost Classification Order.

(4) Incumbent LECs are required to maintain records that detail both the nature and specific amount of these carrier-specific costs that are directly related to number portability, and those carrier- specific costs that are not directly related to number portability. The information collected and required by the Commission will be used to comply with Section 251 of the Telecommunications Act of 1996.

Federal Communications Commission.

Sharon E. Gillett,

Chief, Wireline Competition Bureau.

FR Doc. 2010-2045 Filed 1-29-10; 8:45 am

BILLING CODE 6712-01-P