[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7737-7739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4632]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 61

[CC Docket No. 95-155; DA 96-69]


Toll Free Service Access Codes

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Report and Order resolves certain issues essential to the 
industry opening the 888 toll free service access code (``SAC'') on 
March 1, 1996. The Report and Order adopted by the Common Carrier 
Bureau of the FCC, identifies which numbers in the 888 Service Access 
Code (``SAC'') will become generally available for reservation on 
February 10, 1996 and establishes limits on how many 888 and 800 
numbers each Responsible Organization (``RespOrg'') may reserve so as 
to not overload the system and interrupt the reservation process. For 
tariffing purposes, the Report and Order concludes that toll free 
service using the 888 SAC is functionally equivalent to toll free 
service that uses the 800 SAC. The introduction of the 888 SAC for toll 
free calling is determined to be an expansion of the universe of toll 
free numbers brought on by an increase in the demand for toll free 
services and is considered to be similar to an increase in network 
capacity. Local exchange carriers (``LECs'') are, therefore, not 
allowed to treat the costs and investments associated with the 
introduction of the 888 SAC exogenously under price caps.

EFFECTIVE DATE: January 25, 1996.

FOR FURTHER INFORMATION CONTACT: Irene Flannery, (202) 418-2373; Mary 
DeLuca (202) 418-2344; Bradley S. Wimmer (202) 418-2351 Network 
Services Division, Common Bureau.

SUPPLEMENTARY INFORMATION: This document summarizes the Bureau's Report 
and Order In the Matter of Toll Free Service Access Codes (CC Docket 
95-155, adopted January 24, 1996, and released January 25, 1996, DA 96-
69). The file is available for inspection and copying during the 
weekday hours of 9:00 a.m. to 4:30 p.m. in the Commission's Reference 
Center, room 239, 1919 M Street, N.W., Washington, D.C., or copies may 
be purchased from the Commission's duplicating contractor, ITS, Inc., 
2100 M Street, N.W., Suite 140, Washington, D.C. 20037, phone (202) 
857-3800.

Paperwork Reduction Act

    The Report and Order contains no requests for data and, therefore, 
does not require review by the Office of Management and Budget under 
the Paperwork Reduction Act of 1995.

Analysis of Proceeding

Background

    In October 1995, the Commission initiated a rulemaking proceeding 
to ensure that in the future, toll free numbers are allocated on a 
fair, equitable and orderly basis. Generally, the Notice sought comment 
on proposals to: (1) promote the efficient use of toll free numbers; 
(2) foster the fair and equitable reservation and distribution of toll 
free numbers; (3) smooth the transition period preceding introduction 
of a new toll free code; (4) guard against warehousing of toll free 
numbers; and (5) determine how toll free vanity numbers should be 
treated. (CC Docket No. 95-155, FCC 95-419, 60 FR 53157, October 12, 
1995) That Notice was issued in response to industry reports that the 
existing pool of toll free numbers were being consumed at a rate that 
would exhaust the supply of toll free numbers in the 800 Service Access 
Code (``SAC'') before the 888 SAC would be deployed. On January 24, 
1996, the Commission released an Order (CC Docket No. 95-155, adopted 
January 23, 1996, FCC 96-18) that delegated to the Chief of the Common 
Carrier Bureau (``Bureau'') the authority to resolve the issues 
essential to the industry opening the 888 toll free service access code 
(``SAC'') on schedule. Toll free service using the 888 SAC is currently 
scheduled to begin on March 1, 1996.

Summary

    1. The Report and Order resolves those issues essential to opening 
the 888 SAC for toll free calling according to schedule. Specifically, 
the Report and Order defers the issue of what permanent protection, if 
any, those subscribers with a commercial interest in preventing their 
800 number from being replicated in the 888 code will be afforded to 
the Commission; concludes that RespOrgs should determine which toll 
free subscribers using the 800 SAC will have their 800 numbers 
protected from replication in the 888 code during the initial 
reservation of 888 numbers; sets the date for which initial reservation 
of 888 numbers will begin; sets limitations on the number of numbers 
that RespOrgs will be allowed to reserve for both 800 and 888 numbers; 
and concludes that the costs incurred by LECs regulated under price 
caps to upgrade the 800 database will not be treated as exogenous.
    2. In this Order, the Bureau agrees with the SMS/800 Number 
Administration Committee (``SNAC'') that RespOrgs should poll their 800 
subscribers to determine which numbers subscribers may want replicated 
in 888. We expect that RespOrgs will continue this polling process 
until February 1, 1996. We direct Database Management Services, Inc. 
(``DSMI'') to set aside those 888 numbers identified by the RespOrgs by 
placing these ``vanity numbers'' in ``unavailable'' status until we 
resolve whether these numbers should be afforded any special right or 
protection on a permanent basis. We also conclude that the entire 
``888-555'' NXX should be designated as ``unavailable'' until the 
Commission resolves those issues that will permit competitive toll free 
directory assistance services.
    3. The Bureau concludes that first come, first served remains the 
most equitable, easily administered, and least expensive means of 
allocating toll free numbers. The Order sets February 10, 1996 as the 
date for which reservation of 888 toll free numbers will begin. The 888 
numbers will be rationed based on a version of the 800 number 
conservation plan initiated to delay the complete exhaust of toll free 
numbers in the 800 SAC until after the 888 SAC is in use for toll free 
calling. The Bureau implements a conservation plan in order to avoid a 
system overload that would temporarily interrupt the reservation 
process. According to the Bureau's conservation plan, up to 120,000 888 
numbers per week may be reserved. The Bureau does not, however, at this 
time discontinue the conservation of 800 numbers but, instead, 
increases the size of the allocation from 29,000 numbers a week to 
73,000 numbers a week for a three week period and then returns to the 
29,000 numbers a week allocation plan.
    4. For tariffing purposes, the Bureau concludes that toll free 
service using the 888 SAC is functionally equivalent to toll free 
service that uses the 800 code. Moreover, the Bureau concludes that the 
addition of 888 numbers to the universe of toll free numbers is 
comparable to an increase in network capacity and, therefore, will not 
allow the costs attributable to the implementation of 888 to be treated 
as exogenous by carriers regulated under price caps.

Ordering Clauses

    Accordingly, IT IS ORDERED that, pursuant to authority contained in 
Sections 1, 4, 5, and 201-205 of the Communications Act of 1934, as 
amended, 47 U.S.C. Secs. 151, 154, 155, and 201-205, Section 0.201(d) 
of the Commission's rules, 47 C.F.R. 

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Sec. 0.201(d), this Report and Order is hereby ADOPTED.
    IT IS FURTHER ORDERED that, pursuant to 5 U.S.C. Sec. 554(d) and 47 
C.F.R. Sec. 1.103(a), this Report and Order shall take effect upon 
adoption.

List of Subjects in 47 CFR Part 61

    Communication common carriers.

Federal Communications Commission.
John S. Morabito,
Deputy Chief, Network Services Division, Common Carrier Bureau.
[FR Doc. 96-4632 Filed 2-28-96; 8:45 am]
BILLING CODE 6712-01-P