Common carrier services: Toll free service access codes— first refusal process ended,

[Federal Register: March 24, 1999 (Volume 64, Number 56)]

[Notices]

[Page 14243-14244]

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

[DOCID:fr24mr99-65]

FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 95-155]

Toll Free Service Access Codes

AGENCY: Federal Communications Commission.

ACTION: Notice; letter.

SUMMARY: The Common Carrier Bureau has issued a letter ending the 888 right-of-first-refusal process and referring non-compliant RespOrgs to the Bureau's Enforcement Division. All unclaimed set-aside 888 numbers (except 888-555-XXXX numbers) will be released into ``spare'' status and become available to all subscribers on a first come, first served basis on April 5, 1999.

FOR FURTHER INFORMATION CONTACT: Marty Schwimmer 202-418-2334.

SUPPLEMENTARY INFORMATION: The Bureau's letter follows:

Release Date: March 19, 1999. Mr. Michael Wade, President, Database Service Management, Inc., 6 Corporate Place, Room PYA--1F286, Piscataway, NJ 08854-4157

Re: End of 888 Right-of-First-Refusal Process on April 5, 1999, Referral of Non-Compliant RespOrgs to Enforcement Division

Dear Mr. Wade: In January 1996, the Bureau directed Database Service Management, Inc. (DSMI) to set aside, in ``unavailable'' status, toll free 888 numbers that subscribers with corresponding 800 numbers might wish to request, except that 888-555-XXXX numbers were to remain unavailable because they are associated with directory assistance.‹SUP›1‹/SUP› In March 1998, the Commission voted to permit holders of

[[Page 14244]]

corresponding 800 numbers to have a ``right of first refusal'' to the set-aside 888 numbers.‹SUP›2‹/SUP›

\1\ In the Matter of Toll Free Service Access Codes, Report and Order, CC Docket No. 95-155, 11 F.C.C.Rcd. 2496, 2509 (1996).

\2\ In the Matter of Toll Free Service Access Codes, Fourth Report and Order and Memorandum Opinion and Order, CC Docket No. 95- 155, 13 F.C.C. Rcd. 9058 (1998). 888-555-XXXX numbers were not included in the 888 right-of-first-refusal process.

The Bureau's letters to you dated April 2 and May 15, 1998, required Responsible Organizations (RespOrgs)--the entities that manage and administer subscriber records in the 800 Service Management System--to notify subscribers of their right of first refusal to request the 888 numbers that had been set aside for them.‹SUP›3‹/SUP› By August 21, 1998, RespOrgs were to report to DSMI those 888 numbers that subscribers requested to activate or declined to activate, and they were to certify to DSMI that they had attempted to contact the subscribers having right of first refusal to all other set-aside 888 numbers by providing to DSMI each subscriber's name, address, phone number, and the date and means by which the RespOrg attempted the notification. The May 15 letter stated that the Bureau would audit the results to ensure that subscribers received adequate notice from RespOrgs of their right of first refusal. It concluded that the time for subscribers to exercise their right of first refusal will end following completion of the process, when the Bureau directs DSMI to release all remaining unclaimed ``unavailable'' set-aside 888 numbers into ``spare'' status.

\3\ Letter from Geraldine A. Matise, Chief, Network Services Division, Common Carrier Bureau, to Mr. Michael Wade, President, Database Service Management, Inc., dated April 2, 1998, 63 FR 18422 (Apr. 15, 1998). Letter from Geraldine A. Matise, Chief, Network Services Division, Common Carrier Bureau, to Mr. Michael Wade, President, Database Service Management, Inc., dated May 15, 1998, 63 FR 29734 (Jun. 1, 1998).

The Bureau's letter to you dated November 24, 1998, identified RespOrgs that apparently did not account for all of their set-aside 888 numbers, because they did not certify that they had attempted to contact the subscribers who had right of first refusal for 100% of those numbers.‹SUP›4‹/SUP› The letter required those RespOrgs to explain, by December 11, 1998, why the required notification process was not completed and what action they were taking to remedy their non-compliance. The letter concluded that RespOrgs failing to provide satisfactory explanation or failing to submit explanations altogether will be referred to the Common Carrier Bureau's Enforcement Division for enforcement action, possibly resulting in forfeiture penalties, decertification as RespOrgs, or further referral to the Department of Justice to determine whether a fine, imprisonment, or both are warranted.‹SUP›5‹/SUP›

\4\ Letter from Anna M. Gomez, Chief, Network Services Division, Common Carrier Bureau, to Mr. Michael Wade, President, Database Service Management, Inc., dated November 24, 1998, 63 FR 67483 (Dec. 7, 1998).

\5\ Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 F.C.C. Rcd. 11162 (1997).

This letter now ends the 888 right-of-first-refusal process. Approximately 370,000 toll free 888 numbers were set aside under the Commission's right-of-first-refusal policy. In compliance with the required procedures, RespOrgs have reported that they notified the subscribers having right of first refusal to approximately 90% of the set-aside 888 numbers. RespOrgs that failed to comply with the procedures are being referred at this time to the Bureau's Enforcement Division.

Therefore, DSMI is directed, beginning at noon and ending by 6:00 pm EST on April 5, 1999, to release all remaining unclaimed ``unavailable'' set-aside 888 numbers (except 888-555-XXXX numbers) into ``spare'' status. At that time, those numbers will become available to all subscribers on a first come, first served basis. The Commission will publish notice of this letter in the Federal Register and post it on the Commission's Internet site at www.fcc.gov, so that the public may know in advance when all remaining set-aside 888 numbers will become available. DSMI is also directed to forward a copy of this letter to all RespOrgs.

Sincerely, Lawrence E. Strickling, Chief, Common Carrier Bureau.

Federal Communications Commission. Kurt A. Schroeder, Deputy Chief, Network Services Division, Common Carrier Bureau.

[FR Doc. 99-7171Filed3-23-99; 8:45 am]

BILLING CODE 6712-01-P