[Federal Register Volume 62, Number 80 (Friday, April 25, 1997)]
[Rules and Regulations]
[Pages 20126-20129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10488]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[CC Docket No. 95-155; FCC 97-123]


Toll Free Service Access Codes

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: On April 11, 1997, the Commission released a Second Report and 
Order adopting various measures related to toll free service access 
codes. The Second Report and Order is intended to ensure the fair, 
efficient, and orderly allocation of toll free numbers.

EFFECTIVE DATE: May 27, 1997.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Erin Duffy, Attorney, Network Services 
Division, Common Carrier Bureau, (202) 418-2340.

SUPPLEMENTARY INFORMATION: This summarizes the Commission's Second 
Report and Order in the matter of Toll Free Service Access Codes, FCC 
97-123, adopted April 4, 1997, and released

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April 11, 1997. The Commission concurrently released a Further Notice 
of Proposed Rulemaking in the same docket. The file is available for 
inspection and copying during the weekday hours of 9 a.m. to 4:30 p.m. 
in the Commission's Reference Center, room 239, 1919 M St., N.W., 
Washington, D.C., or copies may be purchased from the Commission's 
duplicating contractor, ITS, Inc., 2100 M St., N.W., Suite 140, 
Washington, D.C. 20037, phone (202) 857-3800.

Analysis of Proceeding

    1. In the Second Report and Order, the Commission takes several 
actions to conserve toll free numbers and make them available to 
subscribers. It concludes that the warehousing of toll free numbers is 
an unreasonable practice that violates section 201(b) of the 
Communications Act and also is inconsistent with the Commission's 
obligation under section 251(e) of the Communications Act, as amended, 
to ensure that numbers are made available on an equitable basis. It 
ensures greater accountability by RespOrgs (the entities responsible 
for managing toll free subscribers' records in the toll free database) 
by making the act of reserving a number serve as a certification by a 
RespOrg that it is not warehousing numbers, and states that RespOrgs 
warehousing numbers will be subject to penalties. It concludes that the 
practices of hoarding and brokering toll free numbers are not in the 
public interest and that parties that hoard or broker numbers will be 
subject to penalties. The Commission shortens several of the ``lag 
time'' intervals established by the industry. ``Lag time'' refers to 
the interval between a toll free number's reservation in the Service 
Management System (SMS) database and its conversion to working status, 
as well as the time between disconnection or cancellation of a toll 
free number and the point when that toll free number may be reassigned 
to another subscriber. The reserved period is shortened from 60 to 45 
days. The assigned period is shortened from 12 months to 6 months. The 
disconnected period is shortened from 6 months to 4 months. The 
suspended period is shortened from 12 months to 8 months, with only 
numbers involved in billing disputes being eligible for such status. 
The Commission also caps the total number of toll free numbers a 
RespOrg may have in reserved status to the greater of 7.5 percent of 
the RespOrg's total working numbers or 2000 numbers, and concludes that 
no RespOrg may have in reserved status, at any time, more than three 
percent of the numbers that were in the spare pool for general 
reservation from the database at 12:01 a.m. ET of the preceding Sunday.
    2. It is ordered, pursuant to Sections 1, 4(i), 201-205, 218, and 
251 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 
151, 154(i), 201-205, 218, and 251, that the Second Report and Order is 
hereby adopted.
    3. It is further ordered that all policies, rules, and requirements 
set forth herein are effective on May 27, 1997, except for collections 
of information subject to approval by the Office of Management and 
Budget (``OMB''), which are effective September 22, 1997.
    4. It is further ordered that the Common Carrier Bureau is 
delegated authority to establish, modify, and monitor conservation 
plans for toll free numbers if exigent circumstances make such action 
necessary.

List of Subjects in 47 CFR Part 52

    Local exchange carrier, Numbering, Telecommunications.

Federal Communications Commission
William F. Caton,
Acting Secretary.

Rule Changes

    Accordingly, part 52 of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 52--NUMBERING

    1. The authority citation for part 52 continues to read as follows:

    Authority: Sections 1, 2, 4, 5, 48 Stat. 1066, as amended; 47 
U.S.C. Secs. 151, 152, 154, 155 unless otherwise noted. Interpret or 
apply secs. 3, 4, 201-05, 207-09, 218, 225-7, 251-2, 271 and 332, 48 
Stat. 1070, as amended, 1077; 47 U.S.C. Secs. 153, 154, 201-05, 207-
09, 218, 225-7, 271 and 332 unless otherwise noted.

    2. Subpart D is added to part 52 to read as follows:

Subpart D--Toll Free Numbers

Sec.
52.101  General definitions.
52.103  Lag times.
52.105  Warehousing.
52.107  Hoarding.
52.109  Permanent cap on number reservations.

Subpart D--Toll Free Numbers


Sec. 52.101  General definitions.

    As used in this part:
    (a) Number Administration and Service Center (``NASC''). The entity 
that provides user support for the Service Management System database 
and administers the Service Management System database on a day-to-day 
basis.
    (b) Responsible Organization (``RespOrg''). The entity chosen by a 
toll free subscriber to manage and administer the appropriate records 
in the toll free Service Management System for the toll free 
subscriber.
    (c) Service Control Points. The regional databases in the toll free 
network.
    (d) Service Management System Database (``SMS Database''). The 
administrative database system for toll free numbers. The Service 
Management System is a computer system that enables Responsible 
Organizations to enter and amend the data about toll free numbers 
within their control. The Service Management System shares this 
information with the Service Control Points. The entire system is the 
SMS database.
    (e) Toll Free Subscriber. The entity that requests a Responsible 
Organization to reserve a toll free number from the SMS database.
    (f) Toll Free Number. A telephone number for which the toll charges 
for completed calls are paid by the toll free subscriber. The toll free 
subscriber's specific geographic location has no bearing on what toll 
free number it can obtain from the SMS database.


Sec. 52.103  Lag times.

    (a) Definitions. As used in this section, the following definitions 
apply:
    (1) Assigned Status. A toll free number record that has specific 
subscriber routing information entered by the Responsible Organization 
in the Service Management System database and is pending activation in 
the Service Control Points.
    (2) Disconnect Status. The toll free number has been discontinued 
and an exchange carrier intercept recording is being provided.
    (3) Lag Time. The interval between a toll free number's reservation 
in the Service Management System database and its conversion to working 
status, as well as the period of time between disconnection or 
cancellation of a toll free number and the point at which that toll 
free number may be reassigned to another toll free subscriber.
    (4) Reserved Status. The toll free number has been reserved from 
the Service Management System database by a Responsible Organization 
for a toll free subscriber.
    (5) Seasonal Numbers. Toll free numbers held by toll free 
subscribers who do not have a year-round need for a toll free number.
    (6) Spare Status. The toll free number is available for assignment 
by a Responsible Organization.

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    (7) Suspend Status. The toll free service has been temporarily 
disconnected and is scheduled to be reactivated.
    (8) Unavailable Status. The toll free number is not available for 
assignment due to an unusual condition.
    (9) Working Status. The toll free number is loaded in the Service 
Control Points and is being utilized to complete toll free service 
calls.
    (b) Reserved Status. Toll free numbers may remain in reserved 
status for up to 45 days. There shall be no extension of the 
reservation period after expiration of the initial 45-day interval.
    (c) Assigned Status. Toll free numbers may remain in assigned 
status until changed to working status or for a maximum of 6 months, 
whichever occurs first. Toll free numbers that, because of special 
circumstances, require that they be designated for a particular 
subscriber far in advance of their actual usage shall not be placed in 
assigned status, but instead shall be placed in unavailable status.
    (d) Disconnect Status. Toll free numbers may remain in disconnect 
status for up to 4 months. No requests for extension of the 4-month 
disconnect interval shall be granted. All toll free numbers in 
disconnect status must go directly into the spare category upon 
expiration of the 4-month disconnect interval. Responsible 
Organizations shall not retrieve a toll free number from disconnect 
status and return that number directly to working status at the 
expiration of the 4-month disconnect interval.
    (e) Suspend Status. Toll free numbers may remain in suspend status 
until changed to working status or for a maximum of 8 months, whichever 
occurs first. Only numbers involved in billing disputes shall be 
eligible for suspend status.
    (f) Unavailable Status. (1) Written requests to make a specific 
toll free number unavailable must be submitted to DSMI by the 
Responsible Organization managing the records of the toll free number. 
The request shall include the appropriate documentation of the reason 
for the request. DSMI is the only entity that can assign this status to 
or remove this status from a number. Responsible Organizations that 
have a toll free subscriber with special circumstances requiring that a 
toll free number be designated for that particular subscriber far in 
advance of its actual usage may request that DSMI place such a number 
in unavailable status.
    (2) Seasonal numbers shall be placed in unavailable status. The 
Responsible Organization for a toll free subscriber who does not have a 
year round need for a toll free number shall follow the procedures 
outlined in Sec. 52.103(f)(1) of these rules if it wants DSMI to place 
a particular toll free number in unavailable status.


Sec. 52.105  Warehousing.

    (a) As used in this section, warehousing is the practice whereby 
Responsible Organizations, either directly or indirectly through an 
affiliate, reserve toll free numbers from the Service Management System 
database without having an actual toll free subscriber for whom those 
numbers are being reserved.
    (b) Responsible Organizations shall not warehouse toll free 
numbers. There shall be a rebuttable presumption that a Responsible 
Organization is warehousing toll free numbers if:
    (1) The Responsible Organization does not have an identified toll 
free subscriber agreeing to be billed for service associated with each 
toll free number reserved from the Service Management System database; 
or
    (2) The Responsible Organization does not have an identified toll 
free subscriber agreeing to be billed for service associated with a 
toll free number before switching that toll free number from reserved 
or assigned to working status.
    (c) Responsible Organizations shall not maintain a toll free number 
in reserved status if there is not a prospective toll free subscriber 
requesting that toll free number.
    (d) A Responsible Organization's act of reserving a number from the 
Service Management System database shall serve as that Responsible 
Organization's certification that there is an identified toll free 
subscriber agreeing to be billed for service associated with the toll 
free number.
    (e) Tariff Provision. The following provision shall be included in 
the Service Management System tariff and in the local exchange 
carriers' toll free database access tariffs:

    [T]he Federal Communications Commission (``FCC'') has concluded 
that warehousing, which the FCC defines as Responsible 
Organizations, either directly or indirectly through an affiliate, 
reserving toll free numbers from the SMS database without having an 
identified toll free subscriber from whom those numbers are being 
reserved, is an unreasonable practice under Sec. 201(b) of the 
Communications Act and is inconsistent with the Commission's 
obligation under Sec. 251(e) of the Communications Act to ensure 
that numbers are made available on an equitable basis; and if a 
Responsible Organization does not have an identified toll free 
subscriber agreeing to be billed for service associated with each 
toll free number reserved from the database, or if a Responsible 
Organization does not have an identified, billed toll free 
subscriber before switching a number from reserved or assigned to 
working status, then there is a rebuttable presumption that the 
Responsible Organization is warehousing numbers. Responsible 
Organizations that warehouse numbers will be subject to penalties.


Sec. 52.107  Hoarding.

    (a) As used in this section, hoarding is the acquisition by a toll 
free subscriber from a Responsible Organization of more toll free 
numbers than the toll free subscriber intends to use for the provision 
of toll free service. The definition of hoarding also includes number 
brokering, which is the selling of a toll free number by a private 
entity for a fee.
    (1) Toll free subscribers shall not hoard toll free numbers.
    (2) No person or entity shall acquire a toll free number for the 
purpose of selling the toll free number to another entity or to a 
person for a fee.
    (3) Routing multiple toll free numbers to a single toll free 
subscriber will create a rebuttable presumption that the toll free 
subscriber is hoarding or brokering toll free numbers.
    (b) Tariff Provision. The following provision shall be included in 
the Service Management System tariff and in the local exchange 
carriers' toll free database access tariffs:

    [T]he Federal Communications Commission (``FCC'') has concluded 
that hoarding, defined as the acquisition of more toll free numbers 
than one intends to use for the provision of toll free service, as 
well as the sale of a toll free number by a private entity for a 
fee, is contrary to the public interest in the conservation of the 
scarce toll free number resource and contrary to the FCC's 
responsibility to promote the orderly use and allocation of toll 
free numbers.


Sec. 52.109  Permanent cap on number reservations.

    (a) A Responsible Organization may have in reserve status, at any 
one time, either 2000 toll free numbers or 7.5 percent of that 
Responsible Organization's numbers in working status, whichever is 
greater.
    (b) A Responsible Organization shall never reserve more than 3 
percent of the quantity of toll free numbers in spare status as of the 
previous Sunday at 12:01 a.m. Eastern Time.
    (c) The Common Carrier Bureau shall modify the quantity of numbers 
a Responsible Organization may have in reserve status or the percentage 
of numbers in the spare poll that a Responsible Organization may 
reserve when exigent circumstances make such action necessary. The 
Common Carrier Bureau shall establish, modify, and monitor toll free 
number conservation

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plans when exigent circumstances necessitate such action.

[FR Doc. 97-10488 Filed 4-24-97; 8:45 am]
BILLING CODE 6712-01-P-M