[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Proposed Rules]
[Pages 56140-56141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28678]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 52 and 64

[CC Docket No. 92-237; FCC 97-386]


Administration of the North American Numbering Plan, Carrier 
Identification Codes (CICs)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: On October 22, 1997, the Commission released a Second Further 
Notice of Proposed Rulemaking (Second FNPRM) addressing carrier 
identification codes (CICs). The Second FNPRM is intended to obtain 
comment on issues related to conversion of local exchange carrier (LEC) 
switches to provide equal access and to accept four-digit CIcs. The 
Commission concurrently released a Order on Reconsideration and an 
Order on Application for Review in the same docket.

DATES: Comments must be filed on or before December 8, 1997, and reply 
comments must be filed on or before January 12, 1998.

ADDRESSES: Federal Communications Commission, Secretary, Room 222, 1919 
M Street, N.W., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Elizabeth Nightingale, Attorney, 
Network Services Division, Common Carrier Bureau, (202) 418-2352.

SUPPLEMENTARY INFORMATION: This summarizes the Commission's Second 
Further Notice of Proposed Rulemaking in the matter of Administration 
of the North American Numbering Plan, Carrier Identification Codes 
(CICs), CC Docket No. 92-237, adopted October 20, 1997, and released 
October 22, 1997. 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., 1231 20th Street, N.W., Washington, D.C. 20036, phone (202) 
857-3800.

Initial Regulatory Flexibility Act Analysis

    The Commission has prepared an Initial Regulatory Flexibility 
Analysis (IRFA) of the expected economic impact on small entities by 
the policies and proposals in this Second FNPRM. The Commission 
solicited written public comments on the IRFA, which must be filed by 
the deadlines for the submission of comments in this proceeding.

Need for and Objectives of Proposed Rules

    Inquiries by Commission staff regarding the status of LEC 
conversion to accept four-digit CICs reveal that some independent 
incumbent LECs in rural and isolated areas do not provide equal access. 
The Commission recognizes that a requirement that all LEC end office 
switches be upgraded to accept four-digit CICs by January 1, 1998, may 
have the unintended effect of requiring those LECs that have never 
received a bona fide request for equal access, or that are not subject 
to a specific timetable for providing equal access, nonetheless to 
upgrade their end offices to offer equal access by January 1, 1998. The 
Commission notes that such a requirement would modify the Commission's 
equal access implementation schedule for non-GTE independent telephone 
companies. The Commission tentatively concludes that requiring LECs 
whose end offices are equipped with SPC switches to upgrade their 
facilities to enable them to offer equal access, even if they have not 
received a request for equal access, and LECs whose end offices are 
equipped with non-SPC switches to convert their facilities to provide 
equal access, is not inconsistent with the Commission's general goal, 
expressed in the Independent Telephone Company Equal Access Report and 
Order (50 FR 15547, published April 19, 1985), that equal access occur 
as soon as practicable, regardless of whether a request has been made 
for equal access, and regardless of the type of switch with which an 
end office is equipped.

Legal Basis

    Authority for actions proposed in this Second FNPRM may be found 
in: Sections 1, 4(i) and (j), 201-205, 218 and 251(e)(1) of the 
Communications Act of 1934 as amended, 47 U.S.C. Sections 151, 154(i), 
154(j), 201-205, 218 and 251(e)(1).

Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    The proposal made by the Commission in this Second FNPRM will apply 
to local exchange carriers. The IRFA seeks comment on whether other 
entities should be included in our final regulatory flexibility 
analysis. We estimate that there are fewer than 1,347 small incumbent 
LECs that may be affected by the proposal in this Second FNPRM.

Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    The proposal in the Second FNPRM, if adopted, would require that 
LECs with SPC switches that have not received a bona fide request for 
equal access should upgrade their facilities to provide equal access 
and to accept four-digit CICs within three years of the effective date 
of an Order adopted in this proceeding. The proposal also would require 
that LECs whose end offices are equipped with non-SPC switches should 
provide equal access and convert their switches to accept four-digit 
CICs when they next replace their switching facilities.

Steps Taken to Minimize Economic Impact on Small Entities and 
Significant Alternatives Considered

    In the Second FNPRM, the Commission seeks to gather relevant 
information from all interested parties, including small business 
entities, about the effect of requiring equal access conversion, even 
by those LECs that have not received a request for it, or whose end 
offices are not equipped with SPC switches. The Second FNPRM asks that 
commenters opposed to our tentative conclusion suggest alternatives. In 
addition, in the IRFA, the Commission tentatively concludes that the 
proposals in the Second FNPRM would impose minimum burdens on small 
entities, especially given that: (1) the Commission, in the Independent 
Telephone Company Equal Access Report and Order, adopted over twelve 
years ago, expressed a general desire that equal access occur as soon 
as practicable, regardless of whether a request has been made for equal 
access, and regardless of the type of switch with which an end office 
is equipped, and stated that where generic software is available, the 
telephone company should endeavor to make the necessary conversions in 
less than three years; and (2) the responses to inquiries by Commission 
staff indicate that the four-digit CIC software generally is included 
in equal access software packages developed since 1995. The IRFA seeks 
comment on this tentative conclusion.

Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Analysis of Proceeding

    1. The Commission's inquiries regarding the status of LEC 
conversion to accept four-digit CICs reveal that some independent 
incumbent LECs in rural and isolated areas do not provide

[[Page 56141]]

equal access. Some of those LECs' end offices are equipped with SPC 
switches, but the LECs have never received a bona fide request to 
provide equal access. In other instances, the LECs' end offices are not 
equipped with SPC switches and, therefore, the LECs are not required to 
convert to equal access according to a specific timetable, even if a 
LEC received a reasonable request for equal access. The Commission 
acknowledged, therefore, that a requirement that all LEC end office 
switches be upgraded to accept four-digit CICs by January 1, 1998, may 
have the unintended effect of requiring those LECs that have never 
received a bona fide request for equal access or that are not subject 
to a specific timetable for providing equal access nonetheless to 
upgrade their end offices to offer equal access by January 1, 1998. 
Such a requirement would modify the Commission's equal access 
implementation schedule for non-GTE independent telephone companies, 
set by the 1985 Independent Telephone Company Equal Access Report and 
Order. More than twelve years have passed since the adoption of the 
Independent Telephone Company Equal Access Report and Order. The Second 
FNPRM therefore tentatively concludes that all LEC end offices, 
including those LECs whose end offices are equipped with SPC switches, 
but have not received a bona fide request for equal access and those 
LECs whose end offices are equipped with non-SPC switches, should 
nevertheless be required to provide equal access. This requirement also 
would apply to LECs who may have received a waiver of the Commission's 
equal access rules, to the extent those waivers remain in place. The 
Second FNPRM tentatively concludes that LECs with SPC switches that 
have not received a bona fide request for equal access should be 
required to upgrade their facilities to provide equal access and to 
accept four-digit CICs within three years of the effective date of an 
Order adopted in this proceeding. The Second FNPRM further tentatively 
concludes that LECs whose end offices are equipped with non-SPC 
switches should be required to provide equal access and to convert 
their switches to accept four-digit CICs when they next replace their 
switching facilities. The Second FNPRM tentatively concludes that 
requiring LECs whose end offices are equipped with SPC switches to 
upgrade their facilities to enable them to offer equal access, even if 
they have not received a request for equal access, and LECs whose end 
offices are equipped with non-SPC switches to convert their facilities 
to provide equal access, is not inconsistent with the Commission's 
general goal, expressed in the Independent Telephone Company Equal 
Access Report and Order, that equal access occur as soon as 
practicable, regardless of whether a request has been made for equal 
access, and regardless of the type of switch with which an end office 
is equipped. Moreover, the Commission stated, in the Independent 
Telephone Company Equal Access Report and Order, that where generic 
software is available, the telephone company should endeavor to make 
the necessary conversions in less than three years. The Second FNPRM 
notes that the responses to inquiries by Commission staff indicate that 
the four-digit CIC software generally is included in equal access 
software packages developed since 1995. The Commission indicated that 
commenters that oppose the tentative conclusion should discuss why a 
twelve year period of time in which to convert to provide equal access 
has been insufficient and should propose specific alternatives to the 
Commission's proposal.

Ordering Clauses

    2. It is further ordered, pursuant to Sections 1, 4(i) and (j), 
201-205, 218 and 251(e)(1) of the Communications Act as amended, 47 
U.S.C. Sections 151, 154(i), 154(j), 201-205, 218 and 251(e)(1), that 
the Second Further Notice of Proposed Rulemaking is hereby ADOPTED.
    3. It is further ordered that the Commission's Office of Managing 
Director shall send a copy of the Second Further Notice of Proposed 
Rulemaking, including the Initial Regulatory Flexibility Analysis, to 
the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 52

    Local exchange carrier, Numbering, Telecommunications.

47 CFR Part 64

    Communications common carriers, Telephone.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-28678 Filed 10-28-97; 8:45 am]
BILLING CODE 6712-01-U