Common carrier services: Telecommunications Act of 1996; implementation— Local competition provisions,

[Federal Register: November 18, 1999 (Volume 64, Number 222)]

[Rules and Regulations]

[Page 62983-62984]

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

[DOCID:fr18no99-9]

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.

SUMMARY: This document resolves issues concerning numbering administration raised in Petitions for Reconsideration or Clarification filedin 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 filedby 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 gcooke@fcc.gov. 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 filedby 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. 99-29926Filed11-17-99; 8:45 am]

   BILLING CODE 6712-01-P