[Senate Report 110-219]
[From the U.S. Government Publishing Office]



110th Congress 
 1st Session                     SENATE                          Report
                                                                110-219
_______________________________________________________________________

                                     

                                                       Calendar No. 468
 
                        SAME NUMBER ACT OF 2007

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1769



                                     

                November 2, 2007.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             first session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel


                                                       Calendar No. 468
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-219

======================================================================




                        SAME NUMBER ACT OF 2007

                                _______
                                

                November 2, 2007.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 1769]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1769) to amend the 
Communications Act of 1934 to facilitate number portability in 
order to increase consumer choice of voice service provider, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purpose of S. 1769 is to clarify the authority of the 
Federal Communications Commission (FCC) to facilitate number 
portability in order to increase consumer choice among voice 
service providers.

                          Background and Needs

  The Telecommunications Act of 1996 (1996 Act) opened local 
exchange markets to competition by removing barriers that 
thwarted the ability of new entrants to provide competitive 
local telecommunications service. Among the steps that Congress 
took to effectuate this goal, was to require all local exchange 
carriers (LECs) to provide number portability. More 
specifically, section 251(b)(2) of the 1996 Act requires all 
LECs ``to provide, to the extent technically feasible, number 
portability in accordance with requirements prescribed by the 
[FCC].''
  The 1996 Act defines number portability as ``the ability of 
users of telecommunications services to retain, at the same 
location, existing telecommunications numbers without 
impairment of quality, reliability, or convenience when 
switching from one telecommunications carrier to another.'' 
Number portability is essential to competition. Consumers are 
unable to enjoy the benefits of competition if they are unable 
to switch carriers without having to change their phone 
numbers. For residential consumers, changing numbers can be a 
substantial inconvenience, disconnecting them from friends and 
family. For business consumers, it also can involve substantial 
costs, ranging from lost opportunities to reprinting of 
corporate stationery and other business paraphernalia. Being 
able to change carriers and keep a phone number promotes 
continuity for consumers and engenders more competition among 
carriers.
  Following passage of the 1996 Act, the FCC issued a series of 
orders implementing Section 251(b)(2) and phasing in number 
portability requirements. The FCC has implemented a four 
business day porting period for ports between wireline 
carriers. The wireless industry has voluntarily reached a 
process wherein ports can be accomplished between wireless 
carriers in two and a half hours. There are no FCC porting 
rules for IP-enabled voice service providers (either to or from 
such providers).
  As the communications market has evolved, more consumers are 
seeking to port numbers between service providers and 
technologies. In addition, the growth of new classes of 
service, from cable providers and other voice over Internet 
protocol (VoIP) providers, results in new complexities. These 
changes in the marketplace have increased disputes between 
carriers, especially over intermodal ports, which some carriers 
allege take unreasonably long periods of time to complete. 
Other competitive carriers contend that some incumbent porting-
out carriers require unnecessary amounts of customer 
information from the porting-in carrier before proceeding with 
the port. As a result of these technical disputes, consumers 
have experienced porting failures, delays, and occasionally 
dropped service.

                         Summary of Provisions

  S. 1769, the Same Number Act of 2007, would amend the 
Communications Act of 1934 to facilitate number portability in 
order to increase consumer choice of service providers.
  The bill would clarify that all providers of voice service 
have the duty to provide, to the extent technically feasible, 
number portability. The bill defines voice service as a 
telecommunications service or any service that is not a 
telecommunications service but otherwise is defined by the FCC 
in its regulations as an IP-enabled voice service.
  To ensure that number porting proceeds smoothly for consumers 
and carriers alike, the bill would require the FCC to establish 
number portability performance standards. These standards would 
include classes of ports, with expeditious time frames for each 
class of port. These time frames would be made available to the 
public on the FCC website. These standards also would include 
requirements governing the exchange of data between voice 
service providers in connection with porting a number. In 
addition, they would encourage the reasonable automation of the 
porting process, with a goal toward reducing errors and 
ensuring an efficient porting process for consumers.
  The bill would require voice service providers to submit an 
annual report to the FCC on its number portability activity 
during the preceding year. The bill also would require the FCC 
to submit an annual report to Congress on the effectiveness and 
efficiency of its number portability standards.

                          Legislative History

  The Same Number Act of 2007 (S. 1769) was introduced by 
Senator Stevens on July 11, 2007, and referred to the Senate 
Committee on Commerce, Science, and Transportation. The bill is 
cosponsored by Senator Inouye. On July 12, 2007, the Committee 
held a hearing on ``Number Portability.'' On July 19, 2007, the 
Committee considered the bill in an open Executive Session. The 
bill was adopted by voice vote. The Committee, without 
objection, ordered that S. 1769 be reported.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 5, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1769, the Same 
Number Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for this 
estimate are Tyler Kruzich (for federal costs) and Jacob 
Kuipers (for the private-sector impact).
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.

S. 1769--Same Number Act of 2007

    S. 1769 would require the Federal Communications Commission 
(FCC) to establish standards that would allow voice-service 
customers to maintain the same phone number when switching 
between providers. In addition, S. 1769 would require the FCC 
to designate one or more impartial entities to administer 
telecommunications and voice-service numbering and would 
require the FCC to report on the effectiveness of number 
portability performance standards every year. The FCC would 
collect fees from voice-service providers to cover the cost of 
establishing numbering arrangements.
    Based on information from the FCC and assuming the 
availability of appropriated funds, CBO estimates that 
implementing S. 1769 would cost less than $500,000 in each of 
the fiscal years from 2008 to 2012. The FCC already has number 
portability programs in place for other types of 
telecommunications providers, and CBO estimates that 
implementing the bill would not significantly affect FCC 
spending for such programs. Further, the FCC expects that it 
would not collect significant new net receipts in any year 
because it has numbering administration arrangements already in 
place. Enacting S. 1769 would not affect revenues.
    S. 1769 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
cost on state, local or tribal governments.
    S. 1769 would impose new private-sector mandates, as 
defined in UMRA, on providers of voice services including 
wireless, wireline, and Voice-Over-Internet-Protocol. The bill 
would require providers of voice services to make number 
portability available in accordance with requirements 
prescribed by the FCC and to submit reports to the FCC on their 
activities related to number portability. CBO cannot determine 
whether the aggregate direct costs of complying with those 
mandates would exceed the annual threshold for private-sector 
mandates established in UMRA ($131 million in 2007, adjusted 
annually for inflation) because such costs would depend on the 
regulations to be issued under the bill.
    The bill would direct the FCC to implement standards for 
number portability among all providers of voice services that 
at a minimum establish:
           Expeditious time frames for each class of 
        number portability; and
           Requirements governing the exchange of data 
        between voice-service providers in connection with 
        number portability.
    Because those standards have not been established, CBO 
cannot estimate the cost to the private sector for complying 
with such regulations.
    In addition, the bill would require providers of voice 
services to submit a report each year to the FCC on their 
number portability activity. According to the FCC and industry 
sources, voice-service providers currently record such 
information for their own business purposes. Consequently, CBO 
estimates that the cost of complying with this reporting 
requirement would be small relative to UMRA's annual threshold.
    The CBO staff contacts for this estimate are Tyler Kruzich 
(for federal costs) and Jacob Kuipers (for the private-sector 
impact). This estimate was approved by Peter H. Fontaine, 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1769 is intended to facilitate number portability to 
increase consumer choice of voice service providers. The 
persons subject to the regulations the FCC would implement 
under this section are providers of voice service as defined 
under the bill.

                            ECONOMIC IMPACT

  S. 1769 would not have an adverse impact on the Nation's 
economy.

                                PRIVACY

  The reported bill would have no significant impact on the 
personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill should not significantly increase paperwork 
requirements for individuals and businesses.

                      Section-by-Section Analysis


Section 1. Short title

  The short title is the ``Same Number Act of 2007''.

Section 2. Voice service number portability

  Subsection (a).--Subsection (a) would add a new section 715 
to Title VII of the Communications Act of 1934, as amended 
(Communications Act).
  New subsection (a) would require providers of voice services 
to provide number portability, to the extent technically 
feasible, in accordance with requirements prescribed by the 
FCC.
  New subsection (b)(1) would require the FCC to establish 
number portability performance standards within 270 days after 
the date of enactment of the Same Number Act of 2007. New 
section (b)(1) further would establish minimum criteria for 
number portability performance standards. These minimum 
criteria would direct the FCC to identify classes of ports (new 
section (b)(1)(A)); establish expeditious time frames for each 
class of port (new section (b)(1)(B)); establish requirements 
governing the exchange of data between voice service providers 
in connection with porting a number (new section (b)(1)(C)); 
and encourage automation of the porting process (new section 
(b)(1)(D)).
  New subsection (b)(2) would permit the FCC, in adopting 
performance standards pursuant to new section (b)(1), to 
establish more flexible standards for different classes of 
voice service providers, if it finds that uniform application 
of a single standard or time frame would result in unreasonable 
costs for a class of providers.
  New subsection (b)(3) would direct the FCC to make the 
standard timeframes it establishes pursuant to new section 
(b)(1) available to the public on its website.
  New subsection (c)(1) would require voice service providers 
to submit an annual report to the FCC on the provider's number 
portability activity during the preceding 12 months. This 
report would be required to include a statement of the number 
of ports it failed to complete within the time required by the 
standards and an explanation of the reason for such failures.
  New subsection (c)(2) would require the FCC to submit a 
report each year to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee 
on Energy and Commerce on the effectiveness and efficiency of 
the number portability performance standards established under 
this new section.
  New subsection (c)(3) would sunset the reporting requirements 
of new section (c)(1) and new section (c)(2) 60 months after 
the date on which the FCC issues a final rule pursuant to new 
section (b).
  New subsection (d)(1) would direct the FCC to designate one 
or more impartial entities to administer telecommunications and 
voice service numbering and ensure that numbers are available 
on an equitable basis. New section (d)(1) would clarify that 
the FCC has exclusive jurisdiction of those portions of the 
North American Numbering Plan that relate to the United States. 
Nothing in new section (d)(1) would preclude the FCC from 
delegating to state commissions or other entities all or some 
of this jurisdiction. New section (d)(1) would be substantially 
similar to existing section 251(e)(1) of the Communications 
Act.
  New subsection (d)(2) would state that the costs of 
establishing numbering administration arrangements and number 
portability shall be borne by all voice service providers, on a 
competitively neutral basis. New section (d)(2) would be 
substantially similar to existing section 251(e)(2) of the 
Communications Act.
  New subsection (d)(3) would direct the FCC and any agency or 
entity to which the FCC has delegated authority to designate 9-
1-1 as the universal emergency telephone number within the 
United States. This designation would apply to both wireline 
and wireless telephone service. In making this designation, the 
FCC and any agency or entity to which it has delegated 
authority would be required to provide appropriate transition 
periods for areas where 9-1-1 is not in use on the date of 
enactment of the Wireless Communications and Public Safety Act 
of 1999. New section (d)(3) would be substantially similar to 
existing section 251(e)(3) of the Communications Act.
  New subsection (e) would define the term ``voice service'' as 
used in this new section.
  Subsection (b).--Subsection (b) would amend Section 251 of 
the Communications Act to conform with this bill.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                       COMMUNICATIONS ACT OF 1934

                       TITLE II--COMMON CARRIERS

              PART II. DEVELOPMENT OF COMPETITIVE MARKETS

SEC. 251. INTERCONNECTION.

  (a) General Duty of Telecommunications Carriers.--Each 
telecommunications carrier has the duty--
          (1) to interconnect directly or indirectly with the 
        facilities and equipment of other telecommunications 
        carriers; and
          (2) not to install network features, functions, or 
        capabilities that do not comply with the guidelines and 
        standards established pursuant to section 255 or 256.
  (b) Obligations of All Local Exchange Carriers.--Each local 
exchange carrier has the following duties:
          (1) Resale.--The duty not to prohibit, and not to 
        impose unreasonable or discriminatory conditions or 
        limitations on, the resale of its telecommunications 
        services.
          [(2) Number portability.--The duty to provide, to the 
        extent technically feasible, number portability in 
        accordance with requirements prescribed by the 
        Commission.]
          [(3)] (2) Dialing parity.--The duty to provide 
        dialing parity to competing providers of telephone 
        exchange service and telephone toll service, and the 
        duty to permit all such providers to have 
        nondiscriminatory access to telephone numbers, operator 
        services, directory assistance, and directory listing, 
        with no unreasonable dialing delays.
          [(4)] (3) Access to rights-of-way.--The duty to 
        afford access to the poles, ducts, conduits, and 
        rights-of-way of such carrier to competing providers of 
        telecommunications services on rates, terms, and 
        conditions that are consistent with section 224.
          [(5)] (4) Reciprocal compensation.--The duty to 
        establish reciprocal compensation arrangements for the 
        transport and termination of telecommunications.
  (c) Additional Obligations of Incumbent Local Exchange 
Carriers.--In addition to the duties contained in subsection 
(b), each incumbent local exchange carrier has the following 
duties:
          (1) Duty to negotiate.--The duty to negotiate in good 
        faith in accordance with section 252 the particular 
        terms and conditions of agreements to fulfill the 
        duties described in paragraphs (1) through (5) of 
        subsection (b) and this subsection. The requesting 
        telecommunications carrier also has the duty to 
        negotiate in good faith the terms and conditions of 
        such agreements.
          (2) Interconnection.--The duty to provide, for the 
        facilities and equipment of any requesting 
        telecommunications carrier, interconnection with the 
        local exchange carrier's network--
                  (A) for the transmission and routing of 
                telephone exchange service and exchange access;
                  (B) at any technically feasible point within 
                the carrier's network;
                  (C) that is at least equal in quality to that 
                provided by the local exchange carrier to 
                itself or to any subsidiary, affiliate, or any 
                other party to which the carrier provides 
                interconnection; and
                  (D) on rates, terms, and conditions that are 
                just, reasonable, and nondiscriminatory, in 
                accordance with the terms and conditions of the 
                agreement and the requirements of this section 
                and section 252.
          (3) Unbundled access.--The duty to provide, to any 
        requesting telecommunications carrier for the provision 
        of a telecommunications service, nondiscriminatory 
        access to network elements on an unbundled basis at any 
        technically feasible point on rates, terms, and 
        conditions that are just, reasonable, and 
        nondiscriminatory in accordance with the terms and 
        conditions of the agreement and the requirements of 
        this section and section 252. An incumbent local 
        exchange carrier shall provide such unbundled network 
        elements in a manner that allows requesting carriers to 
        combine such elements in order to provide such 
        telecommunications service.
          (4) Resale.--The duty--
                  (A) to offer for resale at wholesale rates 
                any telecommunications service that the carrier 
                provides at retail to subscribers who are not 
                telecommunications carriers; and
                  (B) not to prohibit, and not to impose 
                unreasonable or discriminatory conditions or 
                limitations on, the resale of such 
                telecommunications service, except that a State 
                commission may, consistent with regulations 
                prescribed by the Commission under this 
                section, prohibit a reseller that obtains at 
                wholesale rates a telecommunications service 
                that is available at retail only to a category 
                of subscribers from offering such service to a 
                different category of subscribers.
          (5) Notice of changes.--The duty to provide 
        reasonable public notice of changes in the information 
        necessary for the transmission and routing of services 
        using that local exchange carrier's facilities or 
        networks, as well as of any other changes that would 
        affect the interoperability of those facilities and 
        networks.
          (6) Collocation.--The duty to provide, on rates, 
        terms, and conditions that are just, reasonable, and 
        nondiscriminatory, for physical collocation of 
        equipment necessary for interconnection or access to 
        unbundled network elements at the premises of the local 
        exchange carrier, except that the carrier may provide 
        for virtual collocation if the local exchange carrier 
        demonstrates to the State commission that physical 
        collocation is not practical for technical reasons or 
        because of space limitations.
  (d) Implementation.--
          (1) In general.--Within 6 months after the date of 
        enactment of the Telecommunications Act of 1996, the 
        Commission shall complete all actions necessary to 
        establish regulations to implement the requirements of 
        this section.
          (2) Access standards.--In determining what network 
        elements should be made available for purposes of 
        subsection (c)(3), the Commission shall consider, at a 
        minimum, whether--
                  (A) access to such network elements as are 
                proprietary in nature is necessary; and
                  (B) the failure to provide access to such 
                network elements would impair the ability of 
                the telecommunications carrier seeking access 
                to provide the services that it seeks to offer.
          (3) Preservation of State access regulations.--In 
        prescribing and enforcing regulations to implement the 
        requirements of this section, the Commission shall not 
        preclude the enforcement of any regulation, order, or 
        policy of a State commission that--
                  (A) establishes access and interconnection 
                obligations of local exchange carriers;
                  (B) is consistent with the requirements of 
                this section; and
                  (C) does not substantially prevent 
                implementation of the requirements of this 
                section and the purposes of this part.
  [(e) Numbering Administration.--
          [(1) Commission authority and jurisdiction.--The 
        Commission shall create or designate one or more 
        impartial entities to administer telecommunications 
        numbering and to make such numbers available on an 
        equitable basis. The Commission shall have exclusive 
        jurisdiction over those portions of the North American 
        Numbering Plan that pertain to the United States. 
        Nothing in this paragraph shall preclude the Commission 
        from delegating to State commissions or other entities 
        all or any portion of such jurisdiction.
          [(2) Costs.--The cost of establishing 
        telecommunications numbering administration 
        arrangements and number portability shall be borne by 
        all telecommunications carriers on a competitively 
        neutral basis as determined by the Commission.
          [(3) Universal emergency telephone number.--The 
        Commission and any agency or entity to which the 
        Commission has delegated authority under this 
        subsection shall designate 9-1-1 as the universal 
        emergency telephone number within the United States for 
        reporting an emergency to appropriate authorities and 
        requesting assistance. The designation shall apply to 
        both wireline and wireless telephone service. In making 
        the designation, the Commission (and any such agency or 
        entity) shall provide appropriate transition periods 
        for areas in which 9-1-1 is not in use as an emergency 
        telephone number on the date of enactment of the 
        Wireless Communications and Public Safety Act of 1999.]
  [(f)] (e) Exemptions, Suspensions, and Modifications.--
          (1) Exemption for certain rural telephone 
        companies.--
                  (A) Exemption.--Subsection (c) of this 
                section shall not apply to a rural telephone 
                company until (i) such company has received a 
                bona fide request for interconnection, 
                services, or network elements, and (ii) the 
                State commission determines (under subparagraph 
                (B)) that such request is not unduly 
                economically burdensome, is technically 
                feasible, and is consistent with section 254 
                (other than subsections (b)(7) and (c)(1)(D) 
                thereof).
                  (B) State termination of exemption and 
                implementation schedule.--The party making a 
                bona fide request of a rural telephone company 
                for interconnection, services, or network 
                elements shall submit a notice of its request 
                to the State commission. The State commission 
                shall conduct an inquiry for the purpose of 
                determining whether to terminate the exemption 
                under subparagraph (A). Within 120 days after 
                the State commission receives notice of the 
                request, the State commission shall terminate 
                the exemption if the request is not unduly 
                economically burdensome, is technically 
                feasible, and is consistent with section 254 
                (other than subsections (b)(7) and (c)(1)(D) 
                thereof). Upon termination of the exemption, a 
                State commission shall establish an 
                implementation schedule for compliance with the 
                request that is consistent in time and manner 
                with Commission regulations.
                  (C) Limitation on exemption.--The exemption 
                provided by this paragraph shall not apply with 
                respect to a request under subsection (c) from 
                a cable operator providing video programming, 
                and seeking to provide any telecommunications 
                service, in the area in which the rural 
                telephone company provides video programming. 
                The limitation contained in this subparagraph 
                shall not apply to a rural telephone company 
                that is providing video programming on the date 
                of enactment of the Telecommunications Act of 
                1996.
          (2) Suspensions and modifications for rural 
        carriers.--A local exchange carrier with fewer than 2 
        percent of the Nation's subscriber lines installed in 
        the aggregate nationwide may petition a State 
        commission for a suspension or modification of the 
        application of a requirement or requirements of 
        subsection (b) or (c) to telephone exchange service 
        facilities specified in such petition. The State 
        commission shall grant such petition to the extent 
        that, and for such duration as, the State commission 
        determines that such suspension or modification--
                  (A) is necessary--
                          (i) to avoid a significant adverse 
                        economic impact on users of 
                        telecommunications services generally;
                          (ii) to avoid imposing a requirement 
                        that is unduly economically burdensome; 
                        or
                          (iii) to avoid imposing a requirement 
                        that is technically infeasible; and
                  (B) is consistent with the public interest, 
                convenience, and necessity.
        The State commission shall act upon any petition filed 
        under this paragraph within 180 days after receiving 
        such petition. Pending such action, the State 
        commission may suspend enforcement of the requirement 
        or requirements to which the petition applies with 
        respect to the petitioning carrier or carriers.
  [(g)] (f) Continued Enforcement of Exchange Access and 
Interconnection Requirements.--On and after the date of 
enactment of the Telecommunications Act of 1996, each local 
exchange carrier, to the extent that it provides wireline 
services, shall provide exchange access, information access, 
and exchange services for such access to interexchange carriers 
and information service providers in accordance with the same 
equal access and nondiscriminatory interconnection restrictions 
and obligations (including receipt of compensation) that apply 
to such carrier on the date immediately preceding the date of 
enactment of the Telecommunications Act of 1996 under any court 
order, consent decree, or regulation, order, or policy of the 
Commission, until such restrictions and obligations are 
explicitly superseded by regulations prescribed by the 
Commission after such date of enactment. During the period 
beginning on such date of enactment and until such restrictions 
and obligations are so superseded, such restrictions and 
obligations shall be enforceable in the same manner as 
regulations of the Commission.
  [(h)] (g) Definition of Incumbent Local Exchange Carrier.--
          (1) Definition.--For purposes of this section, the 
        term ``incumbent local exchange carrier'' means, with 
        respect to an area, the local exchange carrier that--
                  (A) on the date of enactment of the 
                Telecommunications Act of 1996, provided 
                telephone exchange service in such area; and
                  (B)(i) on such date of enactment, was deemed 
                to be a member of the exchange carrier 
                association pursuant to section 69.601(b) of 
                the Commission's regulations (47 C.F.R. 
                69.601(b)); or
                  (ii) is a person or entity that, on or after 
                such date of enactment, became a successor or 
                assign of a member described in clause (i).
          (2) Treatment of comparable carriers as incumbents.--
        The Commission may, by rule, provide for the treatment 
        of a local exchange carrier (or class or category 
        thereof) as an incumbent local exchange carrier for 
        purposes of this section if--
                  (A) such carrier occupies a position in the 
                market for telephone exchange service within an 
                area that is comparable to the position 
                occupied by a carrier described in paragraph 
                (1);
                  (B) such carrier has substantially replaced 
                an incumbent local exchange carrier described 
                in paragraph (1); and
                  (C) such treatment is consistent with the 
                public interest, convenience, and necessity and 
                the purposes of this section.
  [(i)] (h) Savings Provision.--Nothing in this section shall 
be construed to limit or otherwise affect the Commission's 
authority under section 201.

           *       *       *       *       *       *       *


TITLE VII--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 715. NUMBER PORTABILITY.

  (a) In General.--A provider of voice services has the duty to 
provide, to the extent technically feasible, number portability 
in accordance with requirements prescribed by the Commission.
  (b) Standards.--
          (1) In general.--Within 270 days after the date of 
        enactment of the Same Number Act of 2007, to facilitate 
        consumer choice among voice service providers the 
        Commission shall establish number portability 
        performance standards for voice service providers that, 
        at a minimum--
                  (A) identify classes of ports;
                  (B) where appropriate, establish expeditious 
                time frames for each class of port, which may 
                include timeframes for different stages of the 
                porting;
                  (C) establish requirements governing the 
                exchange of data between voice service 
                providers in connection with porting a number, 
                including any limits on customer validation 
                fields or other data fields that may be 
                required by voice service providers; and
                  (D) encourage the reasonable automation of 
                the porting process.
          (2) Flexibility.--In adopting performance standards 
        under paragraph (1), the Commission may establish more 
        flexible standards for different classes of providers 
        within a type of voice service provider if the 
        Commission determines that the uniform application of a 
        single standard or time frame for compliance would 
        result in unreasonable compliance costs for a class of 
        providers.
          (3) Public access to timeframes.--The Commission 
        shall make available to the public on its Internet 
        website any standard timeframes established by the 
        Commission under paragraph (1).
  (c) Porting Reporting.--
          (1) Providers.--Beginning 1 year after the date on 
        which the Commission issues a final rule under 
        subsection (b) establishing number portability 
        performance standards for voice service providers, a 
        voice service provider shall submit a report each year 
        to the Commission on its number portability activity 
        during the preceding 12 months, including a statement 
        of the number of ports it failed to complete within the 
        time required by the standards, and an explanation of 
        the reason for such failures.
          (2) Commission.--Beginning 1 year after the date on 
        which the Commission issues the final rule under 
        subsection (b), the Commission shall submit a report 
        each year to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives 
        Committee on Energy and Commerce on the effectiveness 
        and efficiency of the number portability performance 
        standards for voice service providers established under 
        this section.
          (3) Sunset.--The requirements of this subsection 
        shall cease to apply 60 months after the date on which 
        the Commission issues such final rule.
  (d) Numbering Administration.--
          (1) Commission authority and jurisdiction.--The 
        Commission shall designate 1 or more impartial entities 
        to administer telecommunications and voice service 
        numbering and to ensure that numbers are available on 
        an equitable basis. The Commission has exclusive 
        jurisdiction of those portions of the North American 
        Numbering Plan that pertain to the United States. 
        Nothing in this subsection precludes the Commission 
        from delegating to State Commission or other entities 
        all or a portion of such jurisdiction.
          (2) Costs.--The costs of establishing numbering 
        administration arrangements and number portability 
        shall be borne by all voice service providers on a 
        competitively neutral basis, as determined by the 
        Commission.
          (3) Universal emergency telephone number.--The 
        Commission and any agency or entity to which the 
        Commission has delegated authority under section 715(e) 
        shall designate 9-1-1 as the universal emergency 
        telephone number within the United States for reporting 
        an emergency to appropriate authorities and requesting 
        assistance. The designation shall apply to both 
        wireline and wireless telephone service. In making the 
        designation, the Commission (and any such agency or 
        entity) shall provide appropriate transition periods 
        for areas in which 9-1-1 is not in use as an emergency 
        telephone number on the date of enactment of the 
        Wireless Communications and Public Safety Act of 1999.
  (e) Voice Service Defined.--In this section, the term ``voice 
service'' means--
          (1) a telecommunications service; or
          (2) any service that is not a telecommunications 
        service, but that otherwise is an IP-enabled voice 
        service as defined in section 9.3 of the Commission's 
        regulations (47 C.F.R. 9.3), as those regulations may 
        be amended by the Commission from time to time.

                                  
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