91 PART 52—NUMBERING Subpart A—Scope and Authority

Federal Communications Commission § 52.1

recovered through charges assessed 52.13 North American Numbering Plan Ad- pursuant to paragraph (e) of this sec- ministrator. tion from CAF ICC Support pursuant 52.15 Central office code administration. to § 54.304. For this purpose, the Rate- 52.16 Billing and Collection Agent. 52.17 Costs of number administration. of-Return Carrier must impute the 52.19 Area code relief. maximum charges it could have assessed under paragraph (e) of this sec- Subpart C—Number Portability tion. (3) A Rate-of-Return Carrier that 52.20 Thousands-block number pooling. 52.21 Definitions. elects to receive CAF ICC support must 52.23 Deployment of long-term database certify with its 2012 annual access tar- methods for number portability by LECs. iff filing and on April 1st of each subse- 52.25 Database architecture and administra- quent year that it has complied with tion. paragraphs (d) and (e), and, after doing 52.26 NANC Recommendations on Local so, is eligible to receive the CAF ICC Number Portability Administration. support requested pursuant to para- 52.31 Deployment of long-term database graph (f) of this section. methods for number portability by CMRS providers. [76 FR 73856, Nov. 29, 2011, as amended at 77 52.32 Allocation of the shared costs of long- FR 14302, Mar. 9, 2012] term number portability. 52.33 Recovery of carrier-specific costs di- § 51.919 Reporting and monitoring. rectly related to providing long-term number portability. (a) A Price Cap Carrier that elects to 52.34 Obligations regarding local number participate in the recovery mechanism porting to and from interconnected VoIP outlined in § 51.915 shall, beginning in or Internet-based TRS providers. 2012, file with the Commission the data 52.35 Porting Intervals. consistent with Section XIII (f)(3) of 52.36 Standard data fields for simple port FCC 11–161 with its annual access tariff order processing. filing. 52.37–52.99 [Reserved] (b) A Rate-of-Return Carrier that Subpart D—Toll Free Numbers elects to participate in the recovery mechanism outlined in § 51.917 shall file 52.101 General definitions. with the Commission the data con- 52.103 Lag times. sistent with Section XIII (f)(3) of FCC 52.105 Warehousing. 11–161 with its annual interstate access 52.107 Hoarding. 52.109 Permanent cap on number reserva- tariff filing, or on the date such a filing tions. would have been required if it had been 52.111 Toll free number assignment. required to file in that year. APPENDIX TO PART 52—DEPLOYMENT SCHED- EFFECTIVE DATE NOTE: At 76 FR 73856, Nov. ULE FOR LONG-TERM DATABASE METHODS 29, 2011, § 51.919 was added. This section con- FOR LOCAL NUMBER PORTABILITY tains information collection and record- AUTHORITY: Secs. 1, 2, 4, 5, 48 Stat. 1066, as keeping requirements and will not become amended; 47 U.S.C. 151, 152, 154 and 155 unless effective until approval has been given by otherwise noted. Interpret or apply secs. 3, 4, the Office of Management and Budget. 201–05, 207–09, 218, 225–27, 251–52, 271 and 332, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 153, PART 52—NUMBERING 154, 201–05, 207–09, 218, 225–27, 251–52, 271 and 332 unless otherwise noted. Subpart A—Scope and Authority SOURCE: 61 FR 38637, July 25, 1996, unless otherwise noted. Sec. 52.1 Basis and purpose. 52.3 General. Subpart A—Scope and Authority 52.5 Definitions. SOURCE: 61 FR 47353, Sept. 6, 1996, unless Subpart B—Administration otherwise noted.

52.7 Definitions. § 52.1 Basis and purpose. 52.9 General requirements. 52.11 North American Numbering Council. (a) Basis. These rules are issued pur- 52.12 North American Numbering Plan Ad- suant to the Communications Act of ministrator and B&C Agent. 1934, as amended, 47 U.S.C. 151 et. seq.

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(b) Purpose. The purpose of these (d) State. The term ‘‘state’’ includes rules is to establish, for the United the District of Columbia and the Terri- States, requirements and conditions tories and possessions. for the administration and use of tele- (e) State commission. The term ‘‘state communications numbers for provision commission’’ means the commission, of telecommunications services. board, or official (by whatever name designated) which under the laws of § 52.3 General. any state has regulatory jurisdiction The Commission shall have exclusive with respect to intrastate operations of authority over those portions of the carriers. North American Numbering Plan (f) Telecommunications. ‘‘Tele- (NANP) that pertain to the United communications’’ means the trans- States. The Commission may delegate mission, between or among points spec- to the States or other entities any por- ified by the user, of information of the user’s choosing, without change in the tion of such jurisdiction. form or content of the information as § 52.5 Definitions. sent and received. (g) Telecommunications carrier. A As used in this part: ‘‘telecommunications carrier’’ is any (a) Incumbent local exchange carrier. provider of telecommunications serv- With respect to an area, an ‘‘incumbent ices, except that such term does not in- local exchange carrier’’ is a local exclude aggregators of telecommuni- change carrier that: cations services (as defined in 47 U.S.C. (1) On February 8, 1996, provided tele- 226(a)(2)). phone exchange service in such area; (h) Telecommunications service. The and term ‘‘telecommunications service’’ re- (2)(i) On February 8, 1996, was deemed fers to the offering of telecommuni- to be a member of the exchange carrier cations for a fee directly to the public, association pursuant to § 69.601(b) of or to such classes of users as to be ef- this chapter (47 CFR 69.601(b)); or fectively available directly to the pub- (ii) Is a person or entity that, on or lic, regardless of the facilities used. after February 8, 1996, became a suc- (i) Service provider. The term ‘‘service cessor or assign of a member described provider’’ refers to a telecommuni- in paragraph (a)(2)(i) of this section. cations carrier or other entity that re- (b) North American Numbering Council ceives numbering resources from the (NANC). The ‘‘North American Num- NANPA, a Pooling Administrator or a bering Council’’ is an advisory com- telecommunications carrier for the mittee created under the Federal Advi- purpose of providing or establishing sory Committee Act, 5 U.S.C., App telecommunications service. (1988), to advise the Commission and to [61 FR 47353, Sept. 6, 1996, as amended at 65 make recommendations, reached FR 37707, June 16, 2000; 71 FR 65750, Nov. 9, through consensus, that foster efficient 2006] and impartial number administration. (c) North American Numbering Plan Subpart B—Administration (NANP). The ‘‘North American Num- bering Plan’’ is the basic numbering SOURCE: 61 FR 47353, Sept. 6, 1996, unless scheme for the telecommunications otherwise noted. networks located in American Samoa, Anguilla, Antigua, Bahamas, Barbados, § 52.7 Definitions. Bermuda, British Virgin Islands, Can- As used in this subpart: ada, Cayman Islands, Dominica, Do- (a) Area code or numbering plan area minican Republic, Grenada, Jamaica, (NPA). The term ‘‘area code or num- Montserrat, St. Kitts & Nevis, St. bering plan area’’ refers to the first Lucia, St. Vincent, Turks & Caicos Is- three digits (NXX) of a ten-digit tele- lands, Trinidad & Tobago, and the phone number in the form NXX-NXX- United States (including Puerto Rico, XXXX, where N represents any one of the U.S. Virgin Islands, Guam, the the numbers 2 through 9 and X rep- Commonwealth of the Northern Mar- resents any one of the numbers 0 iana Islands). through 9.

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(b) Area code relief. The term ‘‘area (j) Inventory. The term ‘‘inventory’’ code relief’’ refers to the process by refers to all telephone numbers distrib- which central office codes are made uted, assigned or allocated: available when there are few or no un- (1) To a service provider; or assigned central office codes remaining (2) To a pooling administrator for the in an existing area code and a new area purpose of establishing or maintaining code is introduced. Area code relief in- a thousands-block number pool. cludes planning for area code ‘‘jeop- [61 FR 47353, Sept. 6, 1996, as amended at 62 ardy,’’ which is a situation where cen- FR 55180, Oct. 23, 1997; 65 FR 37707, June 16, tral office codes may become exhausted 2000] before an area code relief plan can be implemented. § 52.9 General requirements. (c) Central office (CO) code. The term (a) To ensure that telecommuni- ‘‘central office code’’ refers to the sec- cations numbers are made available on ond three digits (NXX) of a ten-digit an equitable basis, the administration telephone number in the form NXX- of telecommunications numbers shall, NXX-XXXX, where N represents any in addition to the specific require- one of the numbers 2 through 9 and X ments set forth in this subpart: represents any one of the numbers 0 (1) Facilitate entry into the tele- through 9. communications marketplace by mak- (d) Central office (CO) code adminis- ing telecommunications numbering re- trator. The term ‘‘central office code sources available on an efficient, time- administrator’’ refers to the entity or ly basis to telecommunications car- entities responsible for managing cen- riers; tral office codes in each area code. (2) Not unduly favor or disfavor any (e) North American Numbering Plan particular telecommunications indus- Administrator (NANPA). The term try segment or group of telecommuni- ‘‘North American Numbering Plan Ad- cations consumers; and ministrator’’ refers to the entity or en- (3) Not unduly favor one tele- tities responsible for managing the communications technology over an- NANP. other. (f) Billing and Collection Agent. The (b) If the Commission delegates any term ‘‘Billing & Collection Agent’’ telecommunications numbering admin- (‘‘B&C Agent’’) refers to the entity re- istration functions to any State or sponsible for the collection of funds to other entity pursuant to 47 U.S.C. support numbering administration for 251(e)(1), such State or entity shall per- telecommunications services from the form these functions in a manner con- United States telecommunications in- sistent with this part. dustry and NANP member countries. (g) Pooling Administrator (PA). The § 52.11 North American Numbering term ‘‘Pooling Administrator’’ refers Council. to the entity or entities responsible for The duties of the North American administering a thousands-block num- Numbering Council (NANC), may in- ber pool. clude, but are not limited to: (h) Contamination. Contamination oc- (a) Advising the Commission on pol- curs when at least one telephone num- icy matters relating to the administra- ber within a block of telephone num- tion of the NANP in the United States; bers is not available for assignment to (b) Making recommendations, end users or customers. For purposes of reached through consensus, that foster this provision, a telephone number is efficient and impartial number admin- ‘‘not available for assignment’’ if it is istration; classified as administrative, aging, as- (c) Initially resolving disputes, signed, intermediate, or reserved as de- through consensus, that foster efficient fined in § 52.15(f)(1). and impartial number administration (i) Donation. The term ‘‘donation’’ re- in the United States by adopting and fers to the process by which carriers utilizing dispute resolution procedures are required to contribute telephone that provide disputants, regulators, numbers to a thousands-block number and the public notice of the matters at pool. issue, a reasonable opportunity to

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make oral and written presentations, a the direct or indirect common control reasoned recommended solution, and a with another person. A person shall be written report summarizing the rec- deemed to control another if such per- ommendation and the reasons there- son possesses, directly or indirectly— fore; (A) An equity interest by stock, part- (d) [Reserved] nership (general or limited) interest, (e) Recommending to the Commis- joint venture participation, or member sion an appropriate mechanism for re- interest in the other person ten (10%) covering the costs of NANP adminis- percent or more of the total out- tration in the United States, con- standing equity interests in the other sistent with § 52.17; person, or (f) Carrying out the duties described (B) The power to vote ten (10%) per- in § 52.25; and cent or more of the securities (by (g) Carrying out this part as directed stock, partnership (general or limited) by the Commission; interest, joint venture participation, or (h) Monitoring the performance of member interest) having ordinary vot- the NANPA and the B&C Agent on at ing power for the election of directors, least an annual basis; and general partner, or management of (i) Implementing, at the direction of such other person, or the Commission, any action necessary (C) The power to direct or cause the to correct identified problems with the direction of the management and poli- performance of the NANPA and the cies of such other person, whether B&C Agent, as deemed necessary. through the ownership of or right to [61 FR 47353, Sept. 6, 1996, as amended at 62 vote voting rights attributable to the FR 55180, Oct. 23, 1997; 71 FR 65750, Nov. 9, stock, partnership (general or limited) 2006] interest, joint venture participation, or member interest) of such other person, § 52.12 North American Numbering by contract (including but not limited Plan Administrator and B&C Agent. to stockholder agreement, partnership The North American Numbering Plan (general or limited) agreement, joint Administrator (‘‘NANPA’’) and the as- venture agreement, or operating agree- sociated ‘‘B&C Agent’’ will conduct ment), or otherwise; their respective operations in accord- (ii) The NANPA and B&C Agent, and ance with this section. The NANPA and any affiliate thereof, may not issue a the B&C Agent will conduct their re- majority of its debt to, nor may it de- spective operations with oversight rive a majority of its revenues from, from the Federal Communications any telecommunications service pro- Commission (the ‘‘Commission’’) and vider. ‘‘Majority’’ shall mean greater with recommendations from the North than 50 percent, and ‘‘debt’’ shall mean American Numbering Council stocks, bonds, securities, notes, loans (‘‘NANC’’). or any other instrument of indebted- (a)(1) Neutrality. The NANPA and the ness; and B&C Agent shall be non-governmental (iii) Notwithstanding the neutrality entities that are impartial and not criteria set forth in paragraphs (a)(1) aligned with any particular tele- (i) and (ii) of this section, the NANPA communication industry segment. Ac- and B&C Agent may be determined to cordingly, while conducting their re- be or not to be subject to undue influ- spective operations under this section, ence by parties with a vested interest the NANPA and B&C Agent shall en- in the outcome of numbering adminis- sure that they comply with the fol- tration and activities. NANC may con- lowing neutrality criteria: duct an evaluation to determine (i) The NANPA and B&C Agent may whether the NANPA and B&C Agent not be an affiliate of any telecommuni- meet the undue influence criterion. cations service provider(s) as defined in (2) Any subcontractor that per- the Telecommunications Act of 1996, or forms— an affiliate of any interconnected VoIP (i) NANP administration and central provider as that term is defined in office code administration, or § 52.21(h). ‘‘Affiliate’’ is a person who (ii) Billing and Collection functions, controls, is controlled by, or is under for the NANPA or for the B&C Agent

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must also meet the neutrality criteria performance problems are identified by described in paragraph (a)(1). a telecommunications industry partici- (b) Term of administration. The pant, the NANC, B&C Agent or NANPA NANPA shall provide numbering ad- shall investigate and report within 10 ministration, including central office business days of notice to the partici- code administration, for the United pant of corrective action, if any, taken States portion of the North American or to be taken. The NANPA, B&C Numbering Plan (‘‘NANP’’) for an ini- Agent or NANC (as appropriate) shall tial period of five (5) years. At any be permitted reasonable time to take time prior to the termination of the corrective action, including the neces- initial or subsequent term of adminis- sity of obtaining the required consent tration, such term may be renewed for of the Commission. up to five (5) years with the approval of (e) Termination. If the Commission the Commission and the agreement of determines at any time that the the NANPA. The B&C Agent shall pro- NANPA or the B&C Agent fails to com- vide billing and collection functions for ply with the neutrality criteria set an initial period of five (5) years. At forth in paragraph (a) of this section or any time prior to the termination of substantially or materially defaults in the initial or subsequent term of ad- the performance of its obligations, the ministration, such term may be re- Commission shall advise immediately newed for up to five (5) years with the the NANPA or the B&C Agent of said approval of the Commission and the failure or default, request immediate agreement of the B&C Agent. corrective action, and permit the (c) Changes to regulations, rules, guide- NANPA or B&C Agent reasonable time lines or directives. In the event that reg- to correct such failure or default. If the ulatory authorities or industry groups NANPA or B&C Agent is unwilling or (including, for example, the Industry unable to take corrective action, the Numbering Committee—INC, or its Commission may, in a manner con- successor) issue rules, requirements, sistent with the requirements of the guidelines or policy directives which Administrative Procedure Act and the may affect the functions performed by Communications Act of 1934, as amend- the NANPA and the B&C Agent, the ed, take any action that it deems ap- NANPA and the B&C Agent shall, with- propriate, including termination of the in 10 business days from the date of of- NANPA’s or B&C Agent’s term of ad- ficial notice of such rules, require- ministration. ments, guidelines or policy directives, assess the impact on its operations and (f) Required and optional enterprise advise the Commission of any changes services. Enterprise Services, which are required. NANPA and the B&C Agent services beyond those described in shall provide written explanation why § 52.13 that may be provided by the new such changes are required. To the ex- NANPA for specified fees, may be of- tent the Commission deems such fered with prior approval of the Com- changes are necessary, the Commission mission. will recommend to the NANP member (1) Required Enterprise Services. At the countries appropriate cost recovery ad- request of a code holder, the NANPA justments, if necessary. shall, in accordance with industry (d) Performance review process. standards and for reasonable fees, enter NANPA and the B&C Agent shall de- certain routing and rating information, velop and implement an internal, docu- into the industry-approved database(s) mented performance monitoring mech- for dissemination of such information. anism and shall provide such perform- This task shall include reviewing the ance review on request of the Commis- information and assisting in its prepa- sion on at least an annual basis. The ration. annual assessment process will not pre- (2) Optional Enterprise Services. The clude telecommunications industry NANPA may, subject to prior approval participants from identifying perform- and for reasonable fees, offer ‘‘Optional ance problems to the NANPA, the B&C Enterprise Services’’ which are any Agent and the NANC as they occur, and services not described elsewhere in this from seeking expeditious resolution. If section.

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(3) Annual report. NANPA shall iden- (4) Providing management super- tify and record all direct costs associ- vision for all of the services it provides, ated with providing Enterprise Serv- including responsibility for achieving ices separately from the costs associ- performance measures established by ated with the non-enterprise NANPA the NANC and the INC in industry functions. The NANPA shall submit an guidelines; annual report to the NANC summa- (5) Participating in the NANC annual rizing the revenues and costs for pro- performance review as described in viding each Enterprise Service. NANPA §§ 52.11 and 52.12; shall be audited by an independent (6) Establishing and maintaining re- auditor after the first year of oper- lationships with current governmental ations and every two years thereafter, and regulatory bodies, and their suc- and submit the report to the Commis- cessors, including the United States sion for appropriate review and action. Federal Communications Commission, [63 FR 55180, Oct. 23, 1997, as amended at 73 Industry Canada, the Canadian Radio- FR 9481, Feb. 21, 2008] television and Telecommunications Commission, and other United States, § 52.13 North American Numbering Canadian, and Caribbean numbering Plan Administrator. authorities and regulatory agencies, (a) The North American Numbering and addressing policy directives from Plan Administrator (NANPA) shall be these bodies; an independent and impartial non-gov- (7) Cooperating with and actively ernment entity. participating in numbering standards (b) The NANPA shall administer the bodies and industry fora, such as INC numbering resources identified in para- and, upon request, the Canadian Steer- graph (d) of this section. It shall assign ing Committee on Numbering (CSCN); and administer NANP resources in an (8) Representing the NANP to na- efficient, effective, fair, unbiased, and tional and international numbering non-discriminatory manner consistent bodies; with industry-developed guidelines and (9) Developing and maintaining com- Commission regulations. It shall sup- munications channels with other coun- port the Commission’s efforts to ac- tries who also participate in the NANP commodate current and future num- to ensure that numbering needs of all bering needs. It shall perform addi- countries served by the NANP are met; tional functions, including but not lim- (10) Attending United States Study ited to: Group A meetings and maintaining a (1) Ensuring the efficient and effec- working knowledge of Study Group 2 tive administration and assignment of International Telecommunications numbering resources by performing Union activities on behalf of the day-to-day number resource assign- United States telecommunications in- ment and administrative activities; dustry; (2) Planning for the long-term need (11) Reviewing requests for all num- for NANP resources to ensure the con- bering resources to implement new ap- tinued viability of the NANP by imple- plications and services and making as- menting a plan for number resource ad- signments in accordance with industry- ministration that uses effective fore- developed resource planning and as- casting and management skills in order signment guidelines; to make the industry aware of the (12) Referring requests for particular availability of numbering resources numbering resources to the appropriate and to meet the current and future industry body where guidelines do not needs of the industry; exist for those resources; (3) Complying with guidelines of the (13) Participating in industry activi- North American Industry Numbering ties to determine whether, when new Committee (INC) or its successor, re- telecommunications services requiring lated industry documentation, Com- numbers are proposed, NANP numbers mission regulations and orders, and the are appropriate and what level of re- guidelines of other appropriate policy- source is required (e.g., line numbers, making authorities; central office codes, NPA codes);

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(14) Maintaining necessary adminis- fice (CO) Code Administration func- trative staff to handle the legal, finan- tions; cial, technical, staffing, industry, and (4) Manage projects such as Num- regulatory issues relevant to the man- bering Plan Area (NPA) relief (area agement of all numbering resources, as code relief) planning, Numbering Re- well as maintaining the necessary source Utilization and Forecast equipment, facilities, and proper bill- (NRUF) data collection, and NPA and ing arrangements associated with day- NANP exhaust projection; to-day management of all numbering (5) Facilitate NPA relief planning resources; meetings; (15) Managing the NANP in accord- (6) Participate in appropriate indus- ance with published guidelines adopted try activities; in conjunction with the industry and (7) Manage proprietary data and com- the appropriate NANP member coun- petitively sensitive information and tries’ governing agencies, and referring maintain the confidentiality thereof; issues to the appropriate industry body (8) Act as an information resource for for resolution when they have not been the industry concerning all aspects of addressed by the industry; numbering (i.e., knowledge and experi- (16) Responding to requests from the ence in numbering resource issues, industry and from regulators for infor- International Telecommunications mation about the NANP and its admin- Union (ITU) Recommendation E.164, istration, as the primary repository for the North American Numbering Plan numbering information in the indus- (NANP), NANP Administration, INC, try; NANP area country regulatory issues (17) Providing upon request informa- affecting numbering, number resource tion regarding how to obtain current assignment guidelines, central office documents related to NANP adminis- code administration, relief planning, tration; international numbering issues, etc.); (18) Providing assistance to users of and numbering resources and suggesting (9) Ensure that any action taken with numbering administration options, respect to number administration is when possible, that will optimize num- consistent with this part. ber resource utilization; (d) The NANPA and, to the extent ap- (19) Coordinating its numbering re- plicable, the B&C Agent, shall admin- source activities with the Canadian ister numbering resources in an effi- Number Administrator and other cient and non-discriminatory manner, NANP member countries’ administra- in accordance with Commission rules tors to ensure efficient and effective and regulations and the guidelines de- management of NANP numbering re- veloped by the INC and other industry sources; and groups pertaining to administration (20) Determining the final allocation and assignment of numbering re- methodology for sharing costs between sources, including, but not limited to: NANP countries. (1) Numbering Plan Area (NPA) (c) In performing the functions out- codes, lined in paragraph (b) of this section, (2) Central Office codes for the 809 the NANPA shall: area, (1) Ensure that the interests of all (3) International Inbound NPA 456 NANP member countries are consid- NXX codes, ered; (4) (NPA) 500 NXX codes, (2) Assess fairly requests for assign- (5) (NPA) 900 NXX codes, ments of NANP numbering resources (6) N11 Service codes, and ensure the assignment of num- (7) 855–XXXX line numbers, bering resources to appropriate service (8) 555–XXXX line numbers, providers; (9) Carrier Identification Codes, (3) Develop, operate and maintain the (10) Vertical Service Codes, computer hardware, software (data- (11) ANI Information Integer (II) base) and mechanized systems required Digit Pairs, to perform the NANPA and central of- (12) Non Dialable Toll Points, and

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(13) New numbering resources as may (4) Monitoring the use of central of- be defined. fice codes within each area code and (e) Relationships with other NANP forecasting the date by which all cen- member countries’ administrators and au- tral office codes within that area code thorities. The NANPA shall address pol- will be assigned; and icy directives from other NANP mem- (5) Planning for and initiating area ber countries’ governmental and regu- code relief, consistent with § 52.19. latory authorities and coordinate its (c) [Reserved] activities with other NANP member (d) Central Office (CO) Code Adminis- countries’ administrators, if any, to tration functional requirements. The ensure efficient and effective manage- NANPA shall manage the United ment of NANP resources. States CO code numbering resource, in- (f) Transition plan. The NANPA shall cluding CO code request processing, implement a transition plan, subject to NPA code relief and jeopardy planning, Commission approval, leading to its as- and industry notification functions. sumption of NANPA functions within The NANPA shall perform its CO Code 90 days of the effective date of a Com- administration functions in accordance mission order announcing the selection with the published industry numbering of the NANPA. resource administration guidelines and (g) Transfer of intellectual property. Commission orders and regulations of The new NANPA must make available 47 CFR chapter I. any and all intellectual property and (e) [Reserved] associated hardware resulting from its (f) Mandatory reporting requirements— activities as numbering administrator (1) Number use categories. Numbering re- including, but not limited to, systems sources must be classified in one of the and the data contained therein, soft- following categories: ware, interface specifications and sup- (i) Administrative numbers are num- porting documentation and make such bers used by telecommunications car- property available to whomever NANC riers to perform internal administra- directs free of charge. The new NANPA tive or operational functions necessary must specify any intellectual property to maintain reasonable quality of serv- it proposes to exclude from the provi- ice standards. sions of this paragraph based on the ex- (ii) Aging numbers are disconnected istence of such property prior to its se- numbers that are not available for as- lection as NANPA. signment to another end user or customer for a specified period of time. [61 FR 47353, Sept. 6, 1996, as amended at 62 Numbers previously assigned to resi- FR 55181, Oct. 23, 1997; 71 FR 65750, Nov. 9, dential customers may be aged for no 2006] more than 90 days. Numbers previously § 52.15 Central office code administra- assigned to business customers may be tion. aged for no more than 365 days. (iii) Assigned numbers are numbers (a) Central Office Code Administra- working in the Public Switched Tele- tion shall be performed by the NANPA, phone Network under an agreement or another entity or entities, as des- such as a contract or tariff at the re- ignated by the Commission. quest of specific end users or customers (b) Duties of the entity or entities for their use, or numbers not yet work- performing central office code adminis- ing but having a customer service tration may include, but are not lim- order pending. Numbers that are not ited to: yet working and have a service order (1) Processing central office code as- pending for more than five days shall signment applications and assigning not be classified as assigned numbers. such codes in a manner that is con- (iv) Available numbers are numbers sistent with this part; that are available for assignment to (2) Accessing and maintaining cen- subscriber access lines, or their equiva- tral office code assignment databases; lents, within a switching entity or (3) Conducting the Numbering Re- point of interconnection and are not source Utilization and Forecast classified as assigned, intermediate, (NRUF) data collection; administrative, aging, or reserved.

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(v) Intermediate numbers are numbers mented, reporting carriers shall report that are made available for use by an- forecast data at the central office code other telecommunications carrier or (NXX) level per NPA. non-carrier entity for the purpose of (iv) Reporting carriers shall identify providing telecommunications service and report separately initial num- to an end user or customer. Numbers bering resources and growth numbering ported for the purpose of transferring resources. an established customer’s service to (5) Utilization data reporting. (i) Re- another service provider shall not be porting carriers shall submit to the classified as intermediate numbers. NANPA a utilization report of their (vi) Reserved numbers are numbers current inventory of numbering re- that are held by service providers at sources. The report shall classify num- the request of specific end users or cus- bering resources in the following num- tomers for their future use. Numbers ber use categories: assigned, inter- held for specific end users or customers mediate, reserved, aging, and administra- for more than 180 days shall not be tive. classified as reserved numbers. (ii) Rural telephone companies, as de- (2) Reporting carrier. The term ‘‘re- fined in the Communications Act of porting carrier’’ refers to a tele- 1934, as amended, 47 U.S.C. 153(37), that communications carrier that receives provide telecommunications service in numbering resources from the NANPA, areas where local number portability a Pooling Administrator or another has not been implemented shall report telecommunications carrier. utilization data at the central office (3) Data collection procedures. (i) Re- code (NXX) level per rate center in porting carriers shall report utilization those areas. and forecast data to the NANPA. (iii) All other reporting carriers shall (ii) Reporting shall be by separate report utilization data at the thou- legal entity and must include company sands-block (NXX-X) level per rate cen- name, company headquarters address, ter. Operating Company Number (OCN), (6) Reporting frequency. (i) Reporting parent company OCN, and the primary carriers shall file forecast and utiliza- type of business in which the reporting tion reports semi-annually on or before carrier is engaged. The term ‘‘parent February 1 for the preceding reporting company’’ refers to the highest related period ending on December 31, and on legal entity located within the state or before August 1 for the preceding re- for which the reporting carrier is reporting period ending on June 30. Man- porting data. datory reporting shall commence Au- (iii) All data shall be filed electroni- gust 1, 2000. cally in a format approved by the Com- (ii) State commissions may reduce mon Carrier Bureau. the reporting frequency for NPAs in (4) Forecast data reporting. (i) Report- their states to annual. Reporting car- ing carriers shall submit to the riers operating in such NPAs shall file NANPA a five-year forecast of their forecast and utilization reports annu- yearly numbering resource require- ally on or before August 1 for the pre- ments. ceding reporting period ending on June (ii) In areas where thousands-block 30, commencing August 1, 2000. number pooling has been implemented: (iii) A state commission seeking to (A) Reporting carriers that are re- reduce the reporting frequency pursu- quired to participate in thousands- ant to paragraph (f) (6)(ii) of this sec- block number pooling shall report fore- tion shall notify the Wireline Competi- cast data at the thousands-block (NXX- tion Bureau and the NANPA in writing X) level per rate center; prior to reducing the reporting fre- (B) Reporting carriers that are not quency. required to participate in thousands- (7) Access to data and confidentiality— block number pooling shall report fore- States shall have access to data re- cast data at the central office code ported to the NANPA provided that (NXX) level per rate center. they have appropriate protections in (iii) In areas where thousands-block place to prevent public disclosure of number pooling has not been imple- disaggregated, carrier-specific data.

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(g) Applications for numbering re- propriate state regulatory commission. sources—(1) General requirements. All ap- The state commission may affirm or plications for numbering resources overturn the NANPA’s decision to must include the company name, com- withhold numbering resources from the pany headquarters address, OCN, par- carrier based on its determination of ent company’s OCN(s), and the primary compliance with the reporting and type of business in which the num- numbering resource application re- bering resources will be used. quirements herein. (2) Initial numbering resources. Appli- (4) Non-compliance. The NANPA shall cations for initial numbering resources withhold numbering resources from shall include evidence that: any U.S. carrier that fails to comply (i) The applicant is authorized to pro- with the reporting and numbering re- vide service in the area for which the source application requirements estab- numbering resources are being re- lished in this part. The NANPA shall quested; and not issue numbering resources to a car- (ii) The applicant is or will be capa- rier without an Operating Company ble of providing service within sixty Number (OCN). The NANPA must no- (60) days of the numbering resources tify the carrier in writing of its deci- activation date. sion to withhold numbering resources (3) Growth numbering resources. (i) Ap- within ten (10) days of receiving a re- plications for growth numbering request for numbering resources. The sources shall include: carrier may challenge the NANPA’s de- (A) A Months-to-Exhaust Worksheet cision to the appropriate state regu- that provides utilization by rate center latory commission. The state commis- for the preceding six months and pro- sion may affirm, or may overturn, the jected monthly utilization for the next NANPA’s decision to withhold num- twelve (12) months; and bering resources from the carrier based (B) The applicant’s current num- on its determination that the carrier bering resource utilization level for the has complied with the reporting and rate center in which it is seeking numbering resource application re- growth numbering resources. quirements herein. The state commis- (ii) The numbering resource utilization level shall be calculated by divid- sion also may overturn the NANPA’s ing all assigned numbers by the total decision to withhold numbering re- numbering resources in the applicant’s sources from the carrier based on its inventory and multiplying the result determination that the carrier has by 100. Numbering resources activated demonstrated a verifiable need for in the Local Exchange Routing Guide numbering resources and has exhausted (LERG) within the preceding 90 days of all other available remedies. reporting utilization levels may be ex- (5) State access to applications. State cluded from the utilization calculation. regulatory commissions shall have ac- (iii) All service providers shall main- cess to service provider’s applications tain no more than a six-month inven- for numbering resources. The state tory of telephone numbers in each rate commissions should request copies of center or service area in which it pro- such applications from the service provides telecommunications service. viders operating within their states, (iv) The NANPA shall withhold num- and service providers must comply bering resources from any U.S. carrier with state commission requests for that fails to comply with the reporting copies of numbering resource applica- and numbering resource application re- tions. Carriers that fail to comply with quirements established in this part. a state commission request for num- The NANPA shall not issue numbering bering resource application materials resources to a carrier without an OCN. shall be denied numbering resources. The NANPA must notify the carrier in (h) National utilization threshold. All writing of its decision to withhold applicants for growth numbering re- numbering resources within ten (10) sources shall achieve a 60% utilization days of receiving a request for num- threshold, calculated in accordance bering resources. The carrier may chal- with paragraph (g)(3)(ii) of this section, lenge the NANPA’s decision to the ap- for the rate center in which they are

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requesting growth numbering re- uncontaminated thousands-block, un- sources. This 60% utilization threshold less the available numbers in the shall increase by 5% on June 30, 2002, opened thousands-block are not suffi- and annually thereafter until the utili- cient to meet a specific customer re- zation threshold reaches 75%. quest. This requirement shall apply to (i) Reclamation of numbering resources. a service provider’s existing numbering (1) Reclamation refers to the process resources as well as any new num- by which service providers are required bering resources it obtains in the fu- to return numbering resources to the ture. NANPA or the Pooling Administrator. (2) A service provider that opens an (2) State commissions may inves- uncontaminated thousands-block prior tigate and determine whether service to assigning all available telephone providers have activated their num- numbers within an opened thousands- bering resources and may request proof block should be prepared to dem- from all service providers that num- onstrate to the state commission: bering resources have been activated (i) A genuine request from a cus- and assignment of telephone numbers tomer detailing the specific need for has commenced. telephone numbers; and (3) Service providers may be required (ii) The service provider’s inability to to reduce contamination levels to fa- meet the specific customer request for cilitate reclamation and/or pooling. telephone numbers from the available (4) State commissions shall provide numbers within the service provider’s service providers an opportunity to ex- opened thousands-blocks. plain the circumstances causing the delay in activating and commencing (3) Upon a finding by a state commis- assignment of their numbering re- sion that a service provider inappropri- sources prior to initiating reclamation. ately assigned telephone numbers from (5) The NANPA and the Pooling Ad- an uncontaminated thousands-block, ministrator shall abide by the state the NANPA or the Pooling Adminis- commission’s determination to reclaim trator shall suspend assignment or al- numbering resources if the state com- location of any additional numbering mission is satisfied that the service resources to that service provider in provider has not activated and com- the applicable NPA until the service menced assignment to end users of provider demonstrates that it does not their numbering resources within six have sufficient numbering resources to months of receipt. meet a specific customer request. (6) The NANPA and Pooling Adminis- (k) Numbering audits. (1) All tele- trator shall initiate reclamation with- communications service providers shall in sixty days of expiration of the serv- be subject to ‘‘for cause’’ and random ice provider’s applicable activation audits to verify carrier compliance deadline. with Commission regulations and ap- (7) If a state commission declines to plicable industry guidelines relating to exercise the authority delegated to it numbering administration. in this paragraph, the entity or enti- (2) The Enforcement Bureau will ties designated by the Commission to oversee the conduct and scope of all serve as the NANPA shall exercise this numbering audits conducted under the authority with respect to NXX codes Commission’s jurisdiction, and deter- and the Pooling Administrator shall mine the audit procedures necessary to exercise this authority with respect to perform the audit. Numbering audits thousands-blocks. The NANPA and the performed by independent auditors pur- Pooling Administrator shall consult suant to this section shall be con- with the Wireline Competition Bureau ducted in accordance with generally prior to exercising the authority dele- accepted auditing standards and the gated to it in this provision. American Institute of Certified Public (j) Sequential number assignment. (1) Accountants’ standards for compliance All service providers shall assign all attestation engagements, as supple- available telephone numbers within an mented by the guidance and direction opened thousands-block before assign- of the Chief of the Enforcement Bu- ing telephone numbers from an reau.

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(3) Requests for ‘‘for cause’’ audits communications Reporting Worksheet shall be forwarded to the Chief of the at the time that the subject data are Enforcement Bureau, with a copy to submitted. The Commission shall make the Chief of the Common Carrier Bu- all decisions regarding nondisclosure of reau. Requests must state the reason company-specific information. for which a ‘‘for cause’’ audit is being (d) Develop procedures to monitor in- requested and include documentation dustry compliance with reporting re- of the alleged anomaly, inconsistency, quirements and propose specific proce- or violation of the Commission rules or dures to address reporting failures and orders or applicable industry guide- late payments; lines. The Chief of the Enforcement (e) File annual reports with the ap- Bureau will provide carriers up to 30 propriate regulatory authorities of the days to provide a written response to a NANP member countries as requested; request for a ‘‘for cause’’ audit. and [61 FR 47353, Sept. 6, 1996, as amended at 62 (f) Obtain an audit from an inde- FR 55182, Oct. 23, 1997; 65 FR 37707, June 16, pendent auditor after the first year of 2000; 66 FR 9531, Feb. 8, 2001; 67 FR 6434, Feb. operations and annually thereafter, 12, 2002; 67 FR 13226, Mar. 21, 2002; 68 FR 25843, which shall evaluate the validity of May 14, 2003; 71 FR 65750, Nov. 9, 2006] calculated payments. The B&C Agent § 52.16 Billing and Collection Agent. shall submit the audit report to the Commission for appropriate review and The B&C Agent shall: action. (a) Calculate, assess, bill and collect (g) For the purposes of this rule, the payments for all numbering adminis- term ‘‘carrier(s)’’ shall include inter- tration functions and distribute funds connected VoIP providers as that term to the NANPA, or other agent des- is defined in § 52.21(h). ignated by the Common Carrier Bureau that performs functions related to [62 FR 55183, Oct. 23, 1997, as amended at 64 numbering administration, on a FR 41330, July 30, 1999; 66 FR 9532, Feb. 8, monthly basis; 2001; 67 FR 13226, Mar. 21, 2002; 73 FR 9481, (b) Distribute to carriers the ‘‘Tele- Feb. 21, 2008] communications Reporting Work- sheet,’’ described in § 52.17(b). § 52.17 Costs of number administration. (c) Keep confidential all data obtained from carriers and not disclose All telecommunications carriers in such data in company-specific form un- the United States shall contribute on a less authorized by the Commission. competitively neutral basis to meet Subject to any restrictions imposed by the costs of establishing numbering ad- the Chief of the Wireline Competition ministration. Bureau, the B & C Agent may share (a) Contributions to support num- data obtained from carriers with the bering administration shall be the administrators of the universal service product of the contributors’ end-user support mechanism (See 47 CFR 54.701 telecommunications revenues for the of this chapter), the TRS Fund (See 47 prior calendar year and a contribution CFR 64.604(c)(4)(iii)(H) of this chapter), factor determined annually by the and the local number portability cost Chief of the Common Carrier Bureau; recovery (See 47 CFR 52.32). The B & C such contributions to be no less than Agent shall keep confidential all data twenty-five dollars ($25). The contribu- obtained from other administrators. tion factor shall be based on the ratio The B & C Agent shall use such data, of expected number administration ex- from carriers or administrators, only penses to end-user telecommunications for calculating, collecting and revenues. Carriers that have no end- verifying payments. The Commission user telecommunications revenues shall have access to all data reported shall contribute twenty-five dollars to the Administrator. Contributors ($25). In the event that contributions may make requests for Commission exceed or are inadequate to cover ad- nondisclosure of company-specific rev- ministrative costs, the contribution enue information under § 0.459 of this factor for the following year shall be chapter by so indicating on the Tele- adjusted by an appropriate amount.

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(b) All telecommunications carriers ning process should begin; convening in the United States shall complete and conducting meetings to which the and submit a ‘‘Telecommunications telecommunications industry and the Reporting Worksheet’’ (as published by public are invited on area code relief the Commission in the FEDERAL REG- for a particular area code; and devel- ISTER), which sets forth the informa- oping the details of a proposed area tion needed to calculate contributions code relief plan or plans. referred to in paragraph (a) of this sec- (1) The entity or entities designated tion. The worksheet shall be certified by the Commission to serve as central to by an officer of the contributor, and office code administrator(s) shall ini- subject to verification by the Commis- tiate and develop area code relief plans sion or the B & C Agent at the discre- for each area code in each state that tion of the Commission. The Chief of has not notified such entity or entities, the Common Carrier Bureau may pursuant to paragraph (b)(2) of this sec- waive, reduce, modify, or eliminate tion, that the state will handle such contributor reporting requirements functions. that prove unnecessary and require ad- (2) Pursuant to paragraph (b)(1) of ditional reporting requirements that this section, a state commission must the Bureau deems necessary to the notify the entity or entities designated sound and efficient administration of by the Commission to serve as central the number administration cost recov- office code administrator(s) for its ery. state that such state commission in- (c) For the purposes of this section, tends to perform matters related to the term ‘‘telecommunications car- initiation and development of area rier’’ or ‘‘carrier’’ shall include inter- code relief planning efforts in its state. connected VoIP providers as that term Notification shall be written and shall is defined in § 52.21(h). include a description of the specific [64 FR 41331, July 30, 1999, as amended at 73 functions the state commission intends FR 9481, Feb. 21, 2008] to perform. Where the NANP Adminis- trator serves as the central office code § 52.19 Area code relief. administrator, such notification must (a) State commissions may resolve be made within 120 days of the selec- matters involving the introduction of tion of the NANP Administrator. new area codes within their states. (c) New area codes may be introduced Such matters may include, but are not through the use of: limited to: Directing whether area code (1) A geographic area code split, relief will take the form of a geo- which occurs when the geographic area graphic split, an overlay area code, or served by an area code in which there a boundary realignment; establishing are few or no central office codes left new area code boundaries; establishing for assignment is split into two or necessary dates for the implementa- more geographic parts; tion of area code relief plans; and di- (2) An area code boundary realign- recting public education efforts regard- ment, which occurs when the boundary ing area code changes. lines between two adjacent area codes (b) State commissions may perform are shifted to allow the transfer of any or all functions related to initi- some central office codes from an area ation and development of area code re- code for which central office codes relief plans, so long as they act consist- main unassigned to an area code for ently with the guidelines enumerated which few or no central office codes are in this part, and subject to paragraph left for assignment; or (b)(2) of this section. For the purposes (3) An all services area code overlay, of this paragraph, initiation and devel- which occurs when a new area code is opment of area code relief planning en- introduced to serve the same geo- compasses all functions related to the graphic area as one or more existing implementation of new area codes that area code(s), subject to the following were performed by central office code conditions: administrators prior to February 8, (i) No all services area code overlay 1996. Such functions may include: de- may be implemented unless all num- claring that the area code relief plan- bering resources in the new overlay

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area code are assigned to those entities tial blocks of 1,000 numbers each (thou- requesting assignment on a first-come, sands-blocks), and allocated separately first-serve basis, regardless of the iden- within a rate center. tity of, technology used by, or type of (b) General requirements. Pursuant to service provided by that entity, except the Commission’s adoption of thou- to the extent that a technology- or sands-block number pooling as a man- service-specific overlay is authorized datory nationwide numbering resource by the Commission. No group of tele- optimization strategy, all carriers, ex- communications carriers shall be except those exempted by the Commis- cluded from assignment of numbering sion, must participate in thousands- resources in the existing area code, or block number pooling where it is im- be assigned such resources only from plemented and in accordance with the the all services overlay area code, national thousands-block number pool- based solely on that group’s provision ing framework and implementation of a specific type of telecommuni- schedule established by the Commis- cations service or use of a particular sion. technology; and (c) Donation of thousands-blocks. (1) (ii) No area code overlay may be im- All service providers required to par- plemented unless there exists, at the ticipate in thousands-block number time of implementation, mandatory ten-digit dialing for every telephone pooling shall donate thousands-blocks call within and between all area codes with ten percent or less contamination in the geographic area covered by the to the thousands-block number pool for overlay area code. the rate center within which the num- (4) A technology-specific or service- bering resources are assigned. specific overlay, which occurs when a (2) All service providers required to new area code is introduced to serve participate in thousands-block number the same geographic area as one or pooling shall be allowed to retain at more existing area code(s) and num- least one thousands-block per rate cen- bering resources in the new area code ter, even if the thousands-block is ten overlay are assigned to a specific tech- percent or less contaminated, as an ini- nology(ies) or service(s). State commis- tial block or footprint block. sions may not implement a technology- (d) Thousands-Block Pooling Adminis- specific or service-specific overlay trator. (1) The Pooling Administrator without express authority from the shall be a non-governmental entity Commission. that is impartial and not aligned with [61 FR 47353, Sept. 6, 1996, as amended at 64 any particular telecommunication in- FR 63617, Nov. 16, 1998; 64 FR 62984, Nov. 18, dustry segment, and shall comply with 1999; 67 FR 6434, Feb. 12, 2002] the same neutrality requirements that the NANPA is subject to under this EFFECTIVE DATE NOTE: At 67 FR 6434, Feb. 12, 2002, § 52.19 was amended by revising para- part. graph (c)(3)(i) and adding paragraph (c)(4). (2) The Pooling Administrator shall These paragraphs contain information col- maintain no more than a six-month in- lection requirements and will not become ef- ventory of telephone numbers in each fective until approval has been given by the thousands-block number pool. Office of Management and Budget. [65 FR 37709, June 16, 2000, as amended at 66 Subpart C—Number Portability FR 9532, Feb. 8, 2001; 68 FR 43009, July 21, 2003]

SOURCE: 61 FR 38637, July 25, 1996, unless § 52.21 Definitions. otherwise noted. Redesignated at 61 FR 47353, Sept. 6, 1996. As used in this subpart: (a) The term 100 largest MSAs includes § 52.20 Thousands-block number pool- the 100 largest MSAs as identified in ing. the 1990 U.S. Census reports, as set (a) Definition. Thousands-block num- forth in the Appendix to this part, as ber pooling is a process by which the well as those areas identified as one of 10,000 numbers in a central office code the largest 100 MSAs on subsequent up- (NXX) are separated into ten sequen- dates to the U.S. Census reports.

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(b) The term broadband PCS has the pairment of quality, reliability, or con- same meaning as that term is defined venience when moving from one phys- in § 24.5 of this chapter. ical location to another. (c) The term cellular service has the (m) The term long-term database meth- same meaning as that term is defined od means a database method that com- in § 22.99 of this chapter. plies with the performance criteria set (d) The term covered CMRS means forth in § 52.3(a). broadband PCS, cellular, and 800/900 (n) The term number portability means MHz SMR licensees that hold geo- the ability of users of telecommuni- graphic area licenses or are incumbent cations services to retain, at the same SMR wide area licensees, and offer location, existing telecommunications real-time, two-way switched voice numbers without impairment of qual- service, are interconnected with the ity, reliability, or convenience when public switched network, and utilize an switching from one telecommuni- in-network switching facility that en- cations carrier to another. ables such CMRS systems to reuse fre- (o) The term regional database means quencies and accomplish seamless an SMS database or an SMS/SCP pair hand-offs of subscriber calls. that contains information necessary (e) The term database method means a for carriers to provide number port- number portability method that uti- ability in a region as determined by lizes one or more external databases the NANC. for providing called party routing in- (p) The term Registered Internet-based formation. has the meaning set forth in (f) The term downstream database TRS User means a database owned and operated 47 CFR 64.601. by an individual carrier for the purpose (q) The term service control point of providing number portability in con- (SCP) means a database in the public junction with other functions and serv- switched network which contains infor- ices. mation and call processing instructions (g) The term incumbent wide area SMR needed to process and complete a tele- licensee has the same meaning as that phone call. The network switches ac- term is defined in § 20.3 of this chapter. cess an SCP to obtain such informa- (h) The term ‘‘interconnected VoIP tion. Typically, the information con- provider’’ is an entity that provides tained in an SCP is obtained from the interconnected VoIP service as that SMS. term is defined in 47 CFR 9.3. (r) The term service management sys- (i) The term IP Relay provider means tem (SMS) means a database or com- an entity that provides IP Relay as de- puter system not part of the public fined by 47 CFR 64.601. switched network that, among other (j) The term local exchange carrier things: means any person that is engaged in (1) Interconnects to an SCP and sends the provision of telephone exchange to that SCP the information and call service or exchange access. For pur- processing instructions needed for a poses of this subpart, such term does network switch to process and com- not include a person insofar as such plete a telephone call; and person is engaged in the provision of a (2) Provides telecommunications car- commercial mobile service under 47 riers with the capability of entering U.S.C. 332(c). and storing data regarding the proc- (k) The term local number portability essing and completing of a telephone administrator (LNPA) means an inde- call. pendent, non-governmental entity, not (s) The term service portability means aligned with any particular tele- the ability of users of telecommuni- communications industry segment, cations services to retain existing tele- whose duties are determined by the communications numbers without im- NANC. pairment of quality, reliability, or con- (l) The term location portability means venience when switching from one tele- the ability of users of telecommuni- communications service to another, cations services to retain existing tele- without switching from one telecommunications numbers without im- communications carrier to another.

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(t) The term service provider port- (2) Efficiently uses numbering re- ability means the ability of users of sources; telecommunications services to retain, (3) Does not require end users to at the same location, existing tele- change their telecommunications num- communications numbers without im- bers; pairment of quality, reliability, or con- (4) Does not result in unreasonable venience when switching from one tele- degradation in service quality or net- communications carrier to another. work reliability when implemented; (u) The term transitional number port- (5) Does not result in any degrada- ability measure means a method that al- tion in service quality or network reli- lows one local exchange carrier to ability when customers switch carriers; transfer telephone numbers from its (6) Does not result in a carrier having network to the network of another a proprietary interest; telecommunications carrier, but does (7) Is able to migrate to location and not comply with the performance cri- service portability; and teria set forth in 52.3(a). Transitional (8) Has no significant adverse impact number portability measures are tech- outside the areas where number port- nically feasible methods of providing ability is deployed. number portability including Remote (b)(1) All LECs must provide a long- Call Forwarding (RCF), Direct Inward term database method for number port- Dialing (DID), Route Indexing—Port- ability in the 100 largest Metropolitan ability Hub (RI-PH), Directory Number Statistical Areas (MSAs), as defined in Route Indexing (DNRI) and other com- § 52.21(k), in switches for which another parable methods. carrier has made a specific request for (v) The term VRS provider means an the provision of number portability, entity that provides VRS as defined by subject to paragraph (b)(2) of this sec- 47 CFR 64.601. tion. (w) The term 2009 LNP Porting Inter- (2) Any procedure to identify and re- vals Order refers to In the Matters of quest switches for deployment of num- Local Number Portability Porting In- ber portability must comply with the terval and Validation Requirements; following criteria: Telephone Number Portability, WC (i) Any wireline carrier that is cer- Docket No. 07–244, CC Docket No. 95– tified (or has applied for certification) 116, Report and Order and Further No- to provide local exchange service in a tice of Proposed Rulemaking, FCC 09– state, or any licensed CMRS provider, 41 (2009). must be permitted to make a request for deployment of number portability [61 FR 38637, July 25, 1996. Redesignated at 61 in that state; FR 47353, Sept. 6, 1996, as amended at 61 FR 47355, Sept. 6, 1996; 63 FR 68203, Dec. 10, 1998; (ii) Carriers must submit requests for 67 FR 6435, Feb. 12, 2002; 68 FR 43009, July 21, deployment at least nine months be- 2003; 73 FR 9481, Feb. 21, 2008; 73 FR 41293, fore the deployment deadline for the July 18, 2008; 74 FR 31638, July 2, 2009] MSA; (iii) A LEC must make available § 52.23 Deployment of long-term data- upon request to any interested parties base methods for number port- a list of its switches for which number ability by LECs. portability has been requested and a (a) Subject to paragraphs (b) and (c) list of its switches for which number of this section, all local exchange car- portability has not been requested; and riers (LECs) must provide number port- (iv) After the deadline for deploy- ability in compliance with the fol- ment of number portability in an MSA lowing performance criteria: in the 100 largest MSAs, according to (1) Supports network services, fea- the deployment schedule set forth in tures, and capabilities existing at the the appendix to this part, a LEC must time number portability is imple- deploy number portability in that MSA mented, including but not limited to in additional switches upon request emergency services, CLASS features, within the following time frames: operator and directory assistance serv- (A) For remote switches supported by ices, and intercept capabilities; a host switch equipped for portability

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(‘‘Equipped Remote Switches’’), within (5) A proposed schedule with mile- 30 days; stones for meeting the deployment (B) For switches that require soft- date. ware but not hardware changes to pro- (f) The Chief, Wireline Competition vide portability (‘‘Hardware Capable Bureau, shall monitor the progress of Switches’’), within 60 days; local exchange carriers implementing (C) For switches that require hard- number portability, and may direct ware changes to provide portability such carriers to take any actions nec- (‘‘Capable Switches Requiring Hard- essary to ensure compliance with the ware’’), within 180 days; and deployment schedule set forth in the (D) For switches not capable of port- appendix to this part 52. ability that must be replaced (‘‘Non- (g) Carriers that are members of the Capable Switches’’), within 180 days. Illinois Local Number Portability Workshop must conduct a field test of (c) Beginning January 1, 1999, all any technically feasible long-term LECs must make a long-term database database method for number port- method for number portability availability in the Chicago, Illinois, area. able within six months after a specific The carriers participating in the test request by another telecommuni- must jointly file with the Common cations carrier in areas in which that Carrier Bureau a report of their find- telecommunications carrier is oper- ings within 30 days following comple- ating or plans to operate. tion of the test. The Chief, Common (d) The Chief, Common Carrier Bu- Carrier Bureau, shall monitor develop- reau, may waive or stay any of the ments during the field test, and may dates in the implementation schedule, adjust the field test completion dead- as the Chief determines is necessary to line as necessary. ensure the efficient development of (h)(1) Porting from a wireline carrier number portability, for a period not to to a wireless carrier is required where exceed 9 months (i.e., no later than the requesting wireless carrier’s ‘‘cov- September 30, 1999). erage area,’’ as defined in paragraph (e) In the event a LEC is unable to (h)(2) of this section, overlaps the geo- meet the Commission’s deadlines for graphic location in which the cus- implementing a long-term database tomer’s wireline number is provisioned, method for number portability, it may provided that the porting-in carrier file with the Commission at least 60 maintains the number’s original rate days in advance of the deadline a peti- center designation following the port. tion to extend the time by which im- (2) The wireless ‘‘coverage area’’ is plementation in its network will be defined as the area in which wireless completed. A LEC seeking such relief service can be received from the wire- must demonstrate through substantial, less carrier. credible evidence the basis for its contention that it is unable to comply [61 FR 38637, July 25, 1996, as amended at 62 with the deployment schedule set forth FR 18294, Apr. 15, 1997; 67 FR 13226, Mar. 21, 2002; 68 FR 43009, July 21, 2003; 73 FR 9481, in the appendix to this part 52. Such re- Feb. 21, 2008] quests must set forth: (1) The facts that demonstrate why § 52.25 Database architecture and ad- the carrier is unable to meet the Com- ministration. mission’s deployment schedule; (a) The North American Numbering (2) A detailed explanation of the ac- Council (NANC) shall direct establish- tivities that the carrier has under- ment of a nationwide system of re- taken to meet the implementation gional SMS databases for the provision schedule prior to requesting an exten- of long-term database methods for sion of time; number portability. (3) An identification of the particular (b) All telecommunications carriers switches for which the extension is re- shall have equal and open access to the quested; regional databases. (4) The time within which the carrier (c) The NANC shall select a local will complete deployment in the af- number portability administrator(s) fected switches; and (LNPA(s)) to administer the regional

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databases within seven months of the bases. Individual carriers may mix in- initial meeting of the NANC. formation needed to provide other serv- (d) The NANC shall determine wheth- ices or functions with the information er one or multiple administrator(s) downloaded from the regional data- should be selected, whether the bases at their own downstream data- LNPA(s) can be the same entity se- bases. Carriers may not withhold any lected to be the North American Num- information necessary to provide numbering Plan Administrator, how the ber portability from the regional data- LNPA(s) should be selected, the spe- bases on the grounds that such data cific duties of the LNPA(s), the geo- has been combined with other informa- graphic coverage of the regional data- tion in its downstream database. bases, the technical interoperability [61 FR 38637, July 25, 1996. Redesignated at 61 and operational standards, the user FR 47353, Sept. 6, 1996, as amended at 67 FR interface between telecommunications 13226, Mar. 21, 2002] carriers and the LNPA(s), the network interface between the SMS and the § 52.26 NANC Recommendations on downstream databases, and the tech- Local Number Portability Adminis- nical specifications for the regional tration. databases. (a) Local number portability admin- (e) Once the NANC has selected the istration shall comply with the rec- LNPA(s) and determined the locations ommendations of the North American of the regional databases, it must re- Numbering Council (NANC) as set forth port its decisions to the Commission. in the report to the Commission pre- (f) The information contained in the pared by the NANC’s Local Number regional databases shall be limited to Portability Administration Selection the information necessary to route Working Group, dated April 25, 1997 telephone calls to the appropriate tele- (Working Group Report) and its appen- communications carriers. The NANC dices, which are incorporated by ref- shall determine what specific informa- erence pursuant to 5 U.S.C. 552(a) and 1 tion is necessary. CFR part 51. Except that: Section 7.10 of (g) Any state may opt out of its des- Appendix D and the following portions of ignated regional database and imple- Appendix E: Section 7, Issue Statement ment a state-specific database. A state I of Appendix A, and Appendix B in the must notify the Wireline Competition Working Group Report are not incor- Bureau and NANC that it plans to im- porated herein. plement a state-specific database with- (b) In addition to the requirements in 60 days from the release date of the set forth in the Working Group Report, Public Notice issued by the Chief, the following requirements are estab- Wireline Competition Bureau, identi- lished: fying the administrator selected by the (1) If a telecommunictions carrier NANC and the proposed locations of transmits a telephone call to a local the regional databases. Carriers may exchange carrier’s switch that contains challenge a state’s decision to opt out any ported numbers, and the tele- of the regional database system by fil- communications carrier has failed to ing a petition with the Commission. perform a database query to determine (h) Individual state databases must if the telephone number has been meet the national requirements and ported to another local exchange car- operational standards recommended by rier, the local exchange carrier may the NANC and adopted by the Commis- block the unqueried call only if per- sion. In addition, such state databases forming the database query is likely to must be technically compatible with impair network reliability; the regional system of databases and (2) The regional limited liability must not interfere with the scheduled companies (LLCs), already established implementation of the regional data- by telecommunications carriers in bases. each of the original Bell Operating (i) Individual carriers may download Company regions, shall manage and information necessary to provide num- oversee the local number portability ber portability from the regional data- administrators, subject to review by bases into their own downstream data- the NANC, but only on an interim

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basis, until the conclusion of a rule- (202) 741–6030, or go to: http:// making to examine the issue of local www.archives.gov/federal-register/cfr/ibr- number portability administrator over- locations.html. The Working Group Re- sight and management and the ques- port and its appendices are also avail- tion of whether the LLCs should con- able on the Internet at http:// tinue to act in this capacity; and www.fcc.gov/wcb/cpd/Nanc/lnpastuf.html. (3) The NANC shall provide ongoing [62 FR 48786, Sept. 17, 1997, as amended at 65 oversight of number portability admin- FR 58466, Sept. 29, 2000; 67 FR 13226, Mar. 21, istration, including oversight of the re- 2002; 69 FR 18803, Apr. 9, 2004; 74 FR 31638, gional LLCs, subject to Commission re- July 2, 2009; 75 FR 35315, June 22, 2010] view. Parties shall attempt to resolve issues regarding number portability de- § 52.31 Deployment of long-term data- ployment among themselves and, if base methods for number port- necessary, under the auspices of the ability by CMRS providers. NANC. If any party objects to the (a) By November 24, 2003, all covered NANC’s proposed resolution, the NANC CMRS providers must provide a long- shall issue a written report summa- term database method for number port- rizing the positions of the parties and ability, including the ability to support the basis for the recommendation roaming, in the 100 largest MSAs, as adopted by the NANC. The NANC Chair defined in § 52.21(k), in compliance with shall submit its proposed resolution of the performance criteria set forth in the dispuited issue to the Chief of the section 52.23(a) of this part, in switches Wireline Competition Bureau as a rec- for which another carrier has made a ommendation for Commission review. specific request for the provision of The Chief of the Wireline Competition number portability, subject to para- Bureau will place the NANC’s proposed graph (a)(1) of this section. A licensee resolution on public notice. Rec- may have more than one CMRS sys- ommendations adopted by the NANC tem, but only the systems that satisfy and forwarded to the Bureau may be the definition of covered CMRS are re- implemented by the parties pending required to provide number portability. view of the recommendation. Within 90 (1) Any procedure to identify and re- days of the conclusion of the comment quest switches for development of num- cycle, the Chief of the Wireline Com- ber portability must comply with the petition Bureau may issue an order following criteria: adopting, modifying, or rejecting the (i) Any wireline carrier that is cer- recommendation. If the Chief does not tified (or has applied for certification) act within 90 days of the conclusion of to provide local exchange service in a the comment cycle, the recommenda- state, or any licensed CMRS provider, tion will be deemed to have been adopt- must be permitted to make a request ed by the Bureau. for deployment of number portability (c) The Director of the Federal Reg- in that state; ister approves this incorporation by (ii) Carries requesting deployment in reference in accordance with 5 U.S.C. the 100 largest MSAs by November 24, 552(a) and 1 CFR part 51. Copies of the 2003 must submit requests by February Working Group Report and its appen- 24, 2003. dices can be obtained from the Com- (iii) A covered CMRS provider must mission’s contract copier, Best Copy make available upon request to any in- and Printing, Inc. (BCPI), Portals II, terested parties a list of its switches 445 12th Street, SW, Room CY–B402, for which number portability has been Washington, DC 20554, (202) 488–5300, or requested and a list of its switches for via e-mail at [email protected], and can which number portability has not been be inspected during normal business requested; hours at the following locations: Ref- (iv) After November 24, 2003, a cov- erence Information Center, 445 12th ered CMRS provider must deploy num- Street, SW., Room CY—A257, Wash- ber portability in additional switches ington, DC 20554 or at the National Ar- serving the 100 largest MSAs upon re- chives and Records Administration quest within the following time frames: (NARA). For information on the avail- (A) For remote switches supported by ability of this material at NARA, call a host switch equipped for portability

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(‘‘Equipped Remote Switches’’), within (3) An identification of the particular 30 days; switches for which the extension is re- (B) For switches that require soft- quested; ware but not hardware changes to pro- (4) The time within which the carrier vide portability (‘‘Hardware Capable will complete deployment in the af- Switches’’), within 60 days; fected switches; and (C) For switches that require hard- (5) A proposed schedule with mile- ware changes to provide portability stones for meeting the deployment (‘‘Capable Switches Requiring Hard- date. ware’’), within 180 days; and (e) The Chief, Wireless Telecommuni- (D) For switches not capable of port- cations Bureau, may establish report- ability that must be replaced (‘‘Non- ing requirements in order to monitor Capable Switches’’), within 180 days. the progress of covered CMRS providers implementing number port- (v) Carriers must be able to request ability, and may direct such carriers to deployment in any wireless switch that take any actions necessary to ensure serves any area within the MSA, even compliance with this deployment if the wireless switch is outside that schedule. MSA, or outside any of the MSAs identified in the Appendix to this part. [61 FR 38637, July 25, 1996, as amended at 62 (2) By November 24, 2002, all covered FR 18295, Apr. 15, 1997; 63 FR 68204, Dec. 10, CMRS providers must be able to sup- 1998; 64 FR 22563, Apr. 27, 1999; 68 FR 43009, July 21, 2003; 71 FR 65750, Nov. 9, 2006] port roaming nationwide. (b) By December 31, 1998, all covered § 52.32 Allocation of the shared costs CMRS providers must have the capa- of long-term number portability. bility to obtain routing information, (a) The local number portability ad- either by querying the appropriate ministrator, as defined in § 52.21(h), of database themselves or by making ar- each regional database, as defined in rangements with other carriers that § 52.21(1), shall recover the shared costs are capable of performing database of long-term number portability attrib- queries, so that they can deliver calls utable to that regional database from from their networks to any party that all telecommunications carriers pro- has retained its number after switching viding telecommunications service in from one telecommunications carrier areas that regional database serves. to another. Pursuant to its duties under § 52.26, the (c) [Reserved] local number portability administrator (d) In the event a carrier subject to shall collect sufficient revenues to fund paragraphs (a) and (b) of this section is the operation of the regional database unable to meet the Commission’s dead- by: lines for implementing a long-term (1) Assessing a $100 yearly contribu- number portability method, it may file tion on each telecommunications car- with the Commission at least 60 days rier identified in paragraph (a) intro- in advance of the deadline a petition to ductory text that has no intrastate, extend the time by which implementa- interstate, or international end-user tion in its network will be completed. telecommunications revenue derived A carrier seeking such relief must dem- from providing telecommunications onstrate through substantial, credible service in the areas that regional data- evidence the basis for its contention base serves, and that it is unable to comply with para- (2) Assessing on each of the other graphs (a) and (b) of this section. Such telecommunications carriers providing requests must set forth: telecommunications service in areas (1) The facts that demonstrate why that regional database serves, a charge the carrier is unable to meet our de- that recovers the remaining shared ployment schedule; costs of long-term number portability (2) A detailed explanation of the ac- attributable to that regional database tivities that the carrier has under- in proportion to the ratio of: taken to meet the implementation (i) The sum of the intrastate, inter- schedule prior to requesting an exten- state, and international end-user tele- sion of time; communications revenues that such

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telecommunications carrier derives nondisclosure of company-specific rev- from providing telecommunications enue information under § 0.459 of this service in the areas that regional data- chapter by so indicating on the Tele- base serves, ii) to the sum of the intra- communications Reporting Worksheet state, interstate, and international at the time that the subject data are end-user telecommunications revenues submitted. The Commission shall make that all telecommunications carriers all decisions regarding nondisclosure of derive from providing telecommuni- company-specific information. cations service in the areas that re- (d) Once a telecommunications car- gional database serves. rier has been allocated, pursuant to (b) All telecommunications carriers paragraph (a)(1) or (a)(2) of this sec- providing service in the United States tion, its portion of the shared costs of shall complete and submit a ‘‘Tele- long-term number portability attrib- communications Reporting Work- utable to a regional database, the car- sheet’’ (as published by the Commis- rier shall treat that portion as a car- sion in the FEDERAL REGISTER), which rier-specific cost directly related to sets forth the information needed to providing number portability. calculate contributions referred to in (e) For the purposes of this section, paragraph (a) of this section. The the term ‘‘telecommunications car- worksheet shall be certified to by an rier’’ shall include interconnected VoIP officer of the contributor, and subject providers as that term is defined in to verification by the Commission or § 52.21(h); and ‘‘telecommunications the administrator at the discretion of service’’ shall include ‘‘interconnected the Commission. The Chief of the VoIP service’’ as that term is defined Wireline Competition Bureau may in 47 CFR 9.3. waive, reduce, modify, or eliminate [63 FR 35160, June 29, 1998, as amended at 64 contributor reporting requirements FR 41331, July 30, 1999; 67 FR 13226, Mar. 21, that prove unnecessary and require ad- 2002; 73 FR 9481, Feb. 21, 2008] ditional reporting requirements that the Bureau deems necessary to the § 52.33 Recovery of carrier-specific sound and efficient administration of costs directly related to providing long-term number portability. long-term number portability. (c) Local number portability admin- (a) Incumbent local exchange car- istrators shall keep all data obtained riers may recover their carrier-specific from contributors confidential and costs directly related to providing shall not disclose such data in com- long-term number portability by estab- pany-specific form unless directed to lishing in tariffs filed with the Federal do so by the Commission. Subject to Communications Commission a month- any restrictions imposed by the Chief ly number-portability charge, as speci- of the Wireline Competition Bureau, fied in paragraph (a)(1) of this section, the local number portability adminis- a number portability query-service trators may share data obtained from charge, as specified in paragraph (a)(2) carriers with the administrators of the of this section, and a monthly number- universal service support mechanism portability query/administration (See 47 CFR 54.701 of this chapter), the charge, as specified in paragraph (a)(3) TRS Fund (See 47 CFR of this section. 64.604(c)(4)(iii)(H) of this chapter), and (1) The monthly number-portability the North American Numbering Plan charge may take effect no earlier than cost recovery (See 47 CFR 52.16). The February 1, 1999, on a date the incum- local number portability administra- bent local exchange carrier selects, and tors shall keep confidential all data ob- may end no later than 5 five years after tained from other administrators. The the incumbent local exchange carrier’s administrators shall use such data, monthly number-portability charge from carriers or administrators, only takes effect. for purposes of administering local (i) An incumbent local exchange car- number portability. The Commission rier may assess each end user it serves shall have access to all data reported in the 100 largest metropolitan statis- to the Administrator. Contributors tical areas, and each end user it serves may make requests for Commission from a number-portability-capable

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switch outside the 100 largest metro- portability-capable local exchange car- politan statistical areas, one monthly rier may assess each end user it serves number-portability charge per line ex- one monthly number-portability query/ cept that: administration charge per line to re- (A) One PBX trunk shall receive nine cover the costs of queries, as specified monthly number-portability charges. in paragraph (a)(2) of this section, and (B) One PRI ISDN line shall receive carrier-specific costs directly related five monthly number-portability to the carrier’s allocated share of the charges. regional local number portability ad- (C) Lifeline Assistance Program cus- ministrator’s costs, except that per- tomers shall not receive the monthly line monthly number-portability number-portability charge. query/administration charges shall be (ii) An incumbent local exchange car- assigned as specified in paragraph (a)(1) rier may assess on carriers that pur- of this section with respect to monthly chase the incumbent local exchange number-portability charges. carrier’s switching ports as unbundled (i) Such incumbent local exchange network elements under section 251 of carriers may assess a separate monthly the Communications Act, and/or Fea- number-portability charge as specified ture Group A access lines, and resellers in paragraph (a)(1) of this section but of the incumbent local exchange car- such charge may recover only the costs rier’s local service, the same charges as incurred to implement number port- described in paragraph (a)(1)(i) of this ability functionality and shall not in- section, as if the incumbent local exclude costs recovered through the change carrier were serving those car- monthly number-portability query/ad- riers’ end users. ministration charge. (iii) An incumbent local exchange (ii) The monthly number-portability carrier may not assess a monthly num- query/administration charge may end ber-portability charge for local loops no later than five years after the in- carriers purchase as unbundled net- cumbent local exchange carrier’s work elements under section 251. monthly number-portability query/ad- (iv) The incumbent local exchange ministration charge takes effect. The carrier shall levelize the monthly num- monthly number-portability query/ad- ber-portability charge over five years ministration charge may be collected by setting a rate for the charge at over a different five-year period than which the present value of the revenue the monthly number-portability recovered by the charge does not ex- charge. These five-year periods may ceed the present value of the cost being run either consecutively or concur- recovered, using a discount rate equal rently, in whole or in part. to the rate of return on investment (b) All interconnected VoIP providers which the Commission has prescribed and telecommunications carriers other for interstate access services pursuant than incumbent local exchange car- to Part 65 of the Commission’s Rules. riers may recover their number port- (2) The number portability query- ability costs in any manner consistent service charge may recover only car- with applicable state and federal laws rier-specific costs directly related to and regulations. providing long-term number port- [63 FR 35161, June 29, 1998, as amended at 67 ability that the incumbent local ex- FR 40620, June 13, 2002; 73 FR 9481, Feb. 21, change carrier incurs to provide long- 2008] term number portability query service to carriers on a prearranged and de- § 52.34 Obligations regarding local fault basis. number porting to and from inter- (3) An incumbent local exchange car- connected VoIP or Internet-based rier serving an area outside the 100 TRS providers. largest metropolitan statistical areas (a) An interconnected VoIP or VRS that is not number-portability capable or IP Relay provider must facilitate an but that participates in an extended end-user customer’s or a Registered area service calling plan with any one Internet-based TRS User’s valid num- of the 100 largest metropolitan statis- ber portability request, as it is defined tical areas or with an adjacent number in this subpart, either to or from a

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telecommunications carrier or an must complete a simple wireline-to- interconnected VoIP or VRS or IP wireline or simple intermodal port re- Relay provider. ‘‘Facilitate’’ is defined quest within four business days unless as the interconnected VoIP or VRS or a longer period is requested by the new IP Relay provider’s affirmative legal provider or by the customer. obligation to take all steps necessary (d) All telecommunications carriers to initiate or allow a port-in or port- required by the Commission to port out itself or through the telecommuni- telephone numbers must complete a cations carriers, if any, that it relies non-simple wireline-to-wireline or non- on to obtain numbering resources, sub- simple intermodal port request within ject to a valid port request, without four business days unless a longer pe- unreasonable delay or unreasonable riod is requested by the new provider procedures that have the effect of de- or by the customer. laying or denying porting of the NANP- (e) For purposes of this section: based telephone number. (1) The term ‘‘telecommunications (b) An interconnected VoIP or VRS carrier’’ includes an interconnected or IP Relay provider may not enter Voice over Internet Protocol (VoIP) into any agreement that would pro- provider as that term in defined in hibit an end-user customer or a Reg- § 52.21(h); istered Internet-based TRS User from (2) The term ‘‘local time’’ means the porting between interconnected VoIP predominant time zone of the Number or VRS or IP Relay providers, or to or Portability Administration Center from a telecommunications carrier. (NPAC) Region in which the telephone [73 FR 9481, Feb, 21, 2008, as amended at 73 number is being ported; and FR 41294, July 18, 2008] (3) The term ‘‘intermodal ports’’ includes § 52.35 Porting Intervals. (i) Wireline-to-wireless ports; (a) All telecommunications carriers (ii) Wireless-to-wireline ports; and required by the Commission to port (iii) Ports involving interconnected telephone numbers must complete a VoIP service. simple wireline-to-wireline or simple intermodal port request within one [75 FR 35315, June 22, 2010] business day unless a longer period is § 52.36 Standard data fields for simple requested by the new provider or by port order processing. the customer. The traditional work week of Monday through Friday rep- (a) A telecommunications carrier resents mandatory business days and 8 may require only the data described in a.m. to 5 p.m. represents minimum paragraphs (b) and (c) of this section to business hours, excluding the current accomplish a simple port order request service provider’s company-defined from an end user customer’s new tele- holidays. An accurate and complete communication’s carrier. Local Service Request (LSR) must be (b) Required standard data fields. received by the current service pro- (1) Ported telephone number; vider between 8 a.m. and 1 p.m. local (2) Account number; time for a simple port request to be eli- (3) Zip code; gible for activation at midnight on the (4) Company code; same day. Any simple port LSRs re- (5) New network service provider; ceived after this time will be consid- (6) Desired due date; ered received on the following business (7) Purchase order number; day at 8 a.m. local time. (8) Version; (b) Small providers, as described in (9) Number portability direction indi- the 2009 LNP Porting Interval Order, cator; must comply with this section by Feb- (10) Customer carrier name abbrevia- ruary 2, 2011. tion; (c) Unless directed otherwise by the (11) Requisition type and status; Commission, any telecommunications (12) Activity; carrier granted a waiver by the Com- (13) Telephone number of initiator; mission of the one-business day porting and interval described in paragraph (a) (14) Agency authority status.

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(c) Optional standard data field. The scriber’s specific geographic location Passcode field shall be optional unless has no bearing on what toll free num- the passcode has been requested and as- ber it can obtain from the SMS data- signed by the end user. base. (d) For purposes of this section, the term ‘‘telecommunications carrier’’ in- § 52.103 Lag times. cludes an interconnected VoIP provider (a) Definitions. As used in this sec- as that term is defined in § 52.21(h). tion, the following definitions apply: [75 FR 35315, June 22, 2010] (1) Assigned Status. A toll free number EFFECTIVE DATE NOTE: At 75 FR 35315, June record that has specific subscriber 22, 2010, § 52.36 was added. This section con- routing information entered by the Re- tains information collection and record- sponsible Organization in the Service keeping requirements and will not become Management System database and is effective until approval has been given by pending activation in the Service Con- the Office of Management and Budget. trol Points. §§ 52.37–52.99 [Reserved] (2) Disconnect Status. The toll free number has been discontinued and an exchange carrier intercept recording is Subpart D—Toll Free Numbers being provided. (3) Lag Time. The interval between a SOURCE: 62 FR 20127, Apr. 25, 1997, unless toll free number’s reservation in the otherwise noted. Service Management System database § 52.101 General definitions. and its conversion to working status, as well as the period of time between As used in this part: disconnection or cancellation of a toll (a) Number Administration and Service free number and the point at which Center (‘‘NASC’’). The entity that pro- that toll free number may be reas- vides user support for the Service Man- signed to another toll free subscriber. agement System database and admin- (4) Reserved Status. The toll free num- isters the Service Management System ber has been reserved from the Service database on a day-to-day basis. Management System database by a Re- (b) Responsible Organization sponsible Organization for a toll free The entity chosen by a (‘‘RespOrg’’). subscriber. toll free subscriber to manage and ad- (5) Seasonal Numbers. Toll free num- minister the appropriate records in the bers held by toll free subscribers who toll free Service Management System do not have a year-round need for a toll for the toll free subscriber. free number. (c) Service Control Points. The regional databases in the toll free net- (6) Spare Status. The toll free number work. is available for assignment by a Re- (d) Service Management System Data- sponsible Organization. base (‘‘SMS Database’’). The administra- (7) Suspend Status. The toll free serv- tive database system for toll free num- ice has been temporarily disconnected bers. The Service Management System and is scheduled to be reactivated. is a computer system that enables Re- (8) Unavailable Status. The toll free sponsible Organizations to enter and number is not available for assignment amend the data about toll free numbers due to an unusual condition. within their control. The Service Man- (9) Working Status. The toll free num- agement System shares this informa- ber is loaded in the Service Control tion with the Service Control Points. Points and is being utilized to com- The entire system is the SMS database. plete toll free service calls. (e) Toll Free Subscriber. The entity (b) Reserved Status. Toll free numbers that requests a Responsible Organiza- may remain in reserved status for up tion to reserve a toll free number from to 45 days. There shall be no extension the SMS database. of the reservation period after expira- (f) Toll Free Number. A telephone tion of the initial 45-day interval. number for which the toll charges for (c) Assigned Status. Toll free numbers completed calls are paid by the toll may remain in assigned status until free subscriber. The toll free sub- changed to working status or for a

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maximum of 6 months, whichever oc- § 52.105 Warehousing. curs first. Toll free numbers that, be- (a) As used in this section, cause of special circumstances, require warehousing is the practice whereby that they be designated for a particular Responsible Organizations, either di- subscriber far in advance of their ac- rectly or indirectly through an affil- tual usage shall not be placed in as- iate, reserve toll free numbers from the signed status, but instead shall be Service Management System database placed in unavailable status. without having an actual toll free sub- (d) Disconnect Status. Toll free num- scriber for whom those numbers are bers may remain in disconnect status being reserved. for up to 4 months. No requests for ex- (b) Responsible Organizations shall tension of the 4-month disconnect in- not warehouse toll free numbers. There terval shall be granted. All toll free shall be a rebuttable presumption that numbers in disconnect status must go a Responsible Organization is directly into the spare category upon warehousing toll free numbers if: expiration of the 4-month disconnect (1) The Responsible Organization interval. Responsible Organizations does not have an identified toll free shall not retrieve a toll free number subscriber agreeing to be billed for from disconnect status and return that service associated with each toll free number directly to working status at number reserved from the Service Man- the expiration of the 4-month dis- agement System database; or connect interval. (2) The Responsible Organization (e) Suspend Status. Toll free numbers does not have an identified toll free may remain in suspend status until subscriber agreeing to be billed for service associated with a toll free num- changed to working status or for a ber before switching that toll free num- maximum of 8 months, whichever oc- ber from reserved or assigned to work- curs first. Only numbers involved in ing status. billing disputes shall be eligible for (c) Responsible Organizations shall suspend status. not maintain a toll free number in re- (f) Unavailable Status. (1) Written reserved status if there is not a prospec- quests to make a specific toll free num- tive toll free subscriber requesting that ber unavailable must be submitted to toll free number. DSMI by the Responsible Organization (d) A Responsible Organization’s act managing the records of the toll free of reserving a number from the Service number. The request shall include the Management System database shall appropriate documentation of the rea- serve as that Responsible Organiza- son for the request. DSMI is the only tion’s certification that there is an entity that can assign this status to or identified toll free subscriber agreeing remove this status from a number. Re- to be billed for service associated with sponsible Organizations that have a the toll free number. toll free subscriber with special cir- (e) Tariff Provision. The following pro- cumstances requiring that a toll free vision shall be included in the Service number be designated for that par- Management System tariff and in the ticular subscriber far in advance of its local exchange carriers’ toll free data- actual usage may request that DSMI base access tariffs: place such a number in unavailable sta- [T]he Federal Communications Commis- tus. sion (‘‘FCC’’) has concluded that (2) Seasonal numbers shall be placed warehousing, which the FCC defines as Re- in unavailable status. The Responsible sponsible Organizations, either directly or Organization for a toll free subscriber indirectly through an affiliate, reserving toll free numbers from the SMS database with- who does not have a year round need out having an identified toll free subscriber for a toll free number shall follow the from whom those numbers are being re- procedures outlined in § 52.103(f)(1) of served, is an unreasonable practice under these rules if it wants DSMI to place a § 201(b) of the Communications Act and is in- particular toll free number in unavail- consistent with the Commission’s obligation under § 251(e) of the Communications Act to able status. ensure that numbers are made available on

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an equitable basis; and if a Responsible Orga- (b) A Responsible Organization shall nization does not have an identified toll free never reserve more than 3 percent of subscriber agreeing to be billed for service the quantity of toll free numbers in associated with each toll free number re- spare status as of the previous Sunday served from the database, or if a Responsible Organization does not have an identified, at 12:01 a.m. Eastern Time. billed toll free subscriber before switching a (c) The Wireline Competition Bureau number from reserved or assigned to working shall modify the quantity of numbers a status, then there is a rebuttable presump- Responsible Organization may have in tion that the Responsible Organization is reserve status or the percentage of warehousing numbers. Responsible Organiza- numbers in the spare poll that a Re- tions that warehouse numbers will be subject sponsible Organization may reserve to penalties. when exigent circumstances make such § 52.107 Hoarding. action necessary. The Wireline Com- petition Bureau shall establish, mod- (a) As used in this section, hoarding ify, and monitor toll free number con- is the acquisition by a toll free sub- servation plans when exigent cir- scriber from a Responsible Organiza- cumstances necessitate such action. tion of more toll free numbers than the toll free subscriber intends to use for [62 FR 20127, Apr. 25, 1997, as amended at 67 the provision of toll free service. The FR 13226, Mar. 21, 2002] definition of hoarding also includes § 52.111 Toll free number assignment. number brokering, which is the selling of a toll free number by a private enti- Toll free numbers shall be made ty for a fee. available on a first-come, first-served (1) Toll free subscribers shall not basis unless otherwise directed by the hoard toll free numbers. Commission. (2) No person or entity shall acquire [63 FR 16441, Apr. 3, 1998] a toll free number for the purpose of selling the toll free number to another APPENDIX TO PART 52—DEPLOYMENT entity or to a person for a fee. SCHEDULE FOR LONG-TERM DATA- (3) Routing multiple toll free num- BASE METHODS FOR LOCAL NUMBER bers to a single toll free subscriber will PORTABILITY create a rebuttable presumption that the toll free subscriber is hoarding or Implementation must be completed by the carriers in the relevant MSAs during the pe- brokering toll free numbers. riods specified below: (b) Tariff Provision. The following provision shall be included in the Serv- Phase I—10/1/97–3/31/98 ice Management System tariff and in Chicago, IL ...... 3 the local exchange carriers’ toll free Philadelphia, PA ...... 4 database access tariffs: Atlanta, GA ...... 8 New York, NY ...... 2 [T]he Federal Communications Commis- Los Angeles, CA ...... 1 sion (‘‘FCC’’) has concluded that hoarding, defined as the acquisition of more toll free Houston, TX ...... 7 numbers than one intends to use for the pro- Minneapolis, MN ...... 12 vision of toll free service, as well as the sale Phase II—1/1/98–5/15/98 of a toll free number by a private entity for Detroit, MI ...... 6 a fee, is contrary to the public interest in the conservation of the scarce toll free num- Cleveland, OH ...... 20 ber resource and contrary to the FCC’s re- Washington, DC ...... 5 sponsibility to promote the orderly use and Baltimore, MD ...... 18 allocation of toll free numbers. Miami, FL ...... 24 Fort Lauderdale, FL ...... 39 § 52.109 Permanent cap on number Orlando, FL ...... 40 reservations. Cincinnati, OH ...... 30 (a) A Responsible Organization may Tampa, FL ...... 23 have in reserve status, at any one time, Boston, MA ...... 9 either 2000 toll free numbers or 7.5 per- Riverside, CA ...... 10 cent of that Responsible Organization’s San Diego, CA ...... 14 numbers in working status, whichever Dallas, TX ...... 11 is greater. St. Louis, MO ...... 16

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Phoenix, AZ ...... 17 Harrisburg, PA ...... 83 Seattle, WA ...... 22 Jersey City, NJ ...... 88 Phase III—4/1/98–6/30/98 Wilmington, DE ...... 89 Indianapolis, IN ...... 34 Birmingham, AL ...... 67 Milwaukee, WI ...... 35 Knoxville, KY ...... 79 Columbus, OH ...... 38 Baton Rouge, LA ...... 87 Pittsburgh, PA ...... 19 Charleston, SC ...... 92 Newark, NJ ...... 25 Sarasota, FL ...... 93 Norfolk, VA ...... 32 Mobile, AL ...... 96 New Orleans, LA ...... 41 Columbia, SC ...... 98 Charlotte, NC ...... 43 Tulsa, OK ...... 70 Greensboro, NC ...... 48 Syracuse, NY ...... 69 Nashville, TN ...... 51 Springfield, MA ...... 86 Las Vegas, NV ...... 50 Ventura, CA ...... 72 Nassau, NY ...... 13 Bakersfield, CA ...... 84 Buffalo, NY ...... 44 Stockton, CA ...... 94 Orange Co, CA ...... 15 Vallejo, CA ...... 99 Oakland, CA ...... 21 El Paso, TX ...... 74 San Francisco, CA ...... 29 Little Rock, AR ...... 90 Rochester, NY ...... 49 Wichita, KS ...... 97 Kansas City, KS ...... 28 New Haven, CT ...... 91 Fort Worth, TX ...... 33 Omaha, NE ...... 75 Hartford, CT ...... 46 Albuquerque, NM ...... 76 Denver, CO ...... 26 Tacoma, WA ...... 77 Portland, OR ...... 27 Phase IV—7/1/98–9/30/98 [62 FR 18295, Apr. 15, 1997] Grand Rapids, MI ...... 56 Dayton, OH ...... 61 PART 53—SPECIAL PROVISIONS Akron, OH ...... 73 CONCERNING BELL OPERATING Gary, IN ...... 80 COMPANIES Bergen, NJ ...... 42 Middlesex, NJ ...... 52 Subpart A—General Information Monmouth, NJ ...... 54 Richmond, VA ...... 63 Sec. Memphis, TN ...... 53 53.1 Basis and purpose. Louisville, KY ...... 57 53.3 Terms and definitions. Jacksonville, FL ...... 58 Subpart B—Bell Operating Company Entry Raleigh, NC ...... 59 Into InterLATA Services [Reserved] West Palm Beach, FL ...... 62 Greenville, SC ...... 66 Subpart C—Separate Affiliate; Safeguards Honolulu, HI ...... 65 Providence, RI ...... 47 53.201 Services for which a section 272 affil- Albany, NY ...... 64 iate is required. 53.203 Structural and transactional require- San Jose, CA ...... 31 ments. Sacramento, CA ...... 36 53.205 Fulfillment of certain requests. [Re- Fresno, CA ...... 68 served] San Antonio, TX ...... 37 53.207 Successor or assign. Oklahoma City, OK ...... 55 53.209 Biennial audit. Austin, TX ...... 60 53.211 Audit planning. Salt Lake City, UT ...... 45 53.213 Audit analysis and evaluation. Tucson, AZ ...... 71 Subpart D—Manufacturing by Bell Phase V—10/1/98–12/31/98 Operating Companies Toledo, OH ...... 81 Youngstown, OH ...... 85 53.301 [Reserved] Ann Arbor, MI ...... 95 Subpart E—Electronic Publishing by Bell Fort Wayne, IN ...... 100 Operating Companies Scranton, PA ...... 78 Allentown, PA ...... 82 53.401 [Reserved] 117

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