[Congressional Record Volume 142, Number 68 (Wednesday, May 15, 1996)]
[Senate]
[Pages S5099-S5100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE CONCURRENT RESOLUTION 58--TELEPHONE NUMBER OWNERSHIP CONCURRENT 
                           RESOLUTION OF 1996

  Mr. D'AMATO submitted the following concurrent resolution; which was 
referred to the Committee on Commerce, Science, and Transportation.

                            S. Con. Res. 58

       Resolved by the Senate (the House of Representatives 
     concurring),

     SECTION 1. SHORT TITLE.

       This Resolution may be cited as the ``Telephone Number 
     Ownership Resolution of 1996''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) under existing law, the Federal Communications 
     Commission is the administrator, not the owner, of telephone 
     numbers, and has no authority to auction, or impose user fees 
     for, any number within the North American Numbering Plan, nor 
     does any other Federal agency;
       (2) auctions of toll-free numbers will increase consumer 
     fraud and confusion by allowing competitors to profit from 
     the established reputation associated with existing toll-free 
     numbers;
       (3) there are a total of 21 countries in the North American 
     Numbering Plan, including

[[Page S5100]]

     the United States of America, Canada, and most Caribbean 
     countries, and decisions affecting universally available 
     toll-free numbers should not be made without a consensus 
     among the participating nations;
       (4) the value of a toll-free telephone number is derived 
     solely from the efforts of the holder to create value in it; 
     and
       (5) the right of first refusal for companies with toll-free 
     numbers that have become a unique brand identity will ensure 
     that customers reach their intended service provider.

     SEC. 3. SENSE OF THE CONGRESS.

       It is the sense of the Congress that--
       (1) the Federal Communications Commission lacks legal 
     authority to conduct auctions or other revenue raising 
     activities in connection with the allocation of any number 
     within the North American Numbering Plan.
       (2) if the Congress is to authorize such activities, 
     procedures will be required--
       (A) to protect any value attaching to new toll-free numbers 
     by reason of a private business investment in the 
     advertisement or public awareness of the corresponding 800 
     number, by granting a right of first refusal or other 
     protection to the subscriber to that corresponding 800 
     number;
       (B) to prevent unjust enrichment and inefficient use of 
     toll-free numbers by measures designed to prevent 
     speculation, hoarding, and other ``gaming'' of the allocation 
     system; and
       (C) to protect consumers from fraud and confusion by 
     preventing the misrepresentation of established toll-free 
     numbers; and
       (3) the Federal Communications Commission should submit to 
     the Congress a plan for the allocation of toll-free 888 
     numbers that contains procedures described in paragraph (2), 
     together with its recommendations for legislative 
     authorization of such allocation.

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