[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Notices]
[Pages 18422-18423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9945]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 95-155]


Toll Free Service Access Codes

AGENCY: Federal Communications Commission.

ACTION: Notice; letter order.

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SUMMARY: In Toll Free Service Access Codes, Fourth Report and Order and 
Memorandum Opinion and Order, CC Docket 95-155, FCC No. 98-48 (rel. 
March 31, 1998), the Commission determined that the toll free 888 
vanity numbers initially set aside shall be offered through a right of 
first refusal to subscribers of corresponding 800 numbers. The Common 
Carrier Bureau, pursuant to delegated authority, issued a letter to 
Database Service Management, Inc., setting forth the procedures for 
implementing the right of first refusal.

FOR FURTHER INFORMATION CONTACT: Robin Smolen, 202-418-2353

SUPPLEMENTARY INFORMATION:
April 2, 1998
Approved by OMB: 3060-0825
Expires: 10/31/98
Estimated Average Burden Per Respondent: 1 Hour
Mr. Michael Wade
President, Database Service Management, Inc.
6 Corporate Place
Room PYA-1F286
Piscataway, NJ 08854-4157

    Subject: Fourth Report and Order (FCC 98-48), CC Docket No. 95-
155.

Dear Mr. Wade:
    In October 1995, the Commission initiated a rulemaking 
proceeding to smooth the transition to an expanded set of toll free 
service access codes, starting with the introduction of 888 numbers. 
This proceeding also was initiated to ensure the promotion of 
efficient, fair, and orderly allocation and use of these limited 
numbering resources.
    On January 25, 1996, the Common Carrier Bureau, acting pursuant 
to delegated authority, adopted a Report and Order (CC Docket No. 
95-155, DA 96-69) addressing the reservation of 888 numbers, 
tariffing issues, 800 and 888 conservation plans, and interim 
protection of vanity numbers in 888 (``First Report and Order''). 
Moreover, in the First Report and Order, the Bureau ordered Database 
Service Management, Inc. (``DSMI'') to place all ``888-555-XXXX'' 
numbers in unavailable status until the Commission could reach a 
decision on the issues raised in the NPRM related to the development 
of a competitive toll free directory assistance service. The Common 
Carrier Bureau agreed with an industry plan permitting Responsible 
Organizations (``RespOrgs''), the entities responsible for managing 
a toll free subscriber's records, to poll their commercial 800 
subscribers to determine which vanity numbers subscribers may want 
replicated in 888 and to submit that information to Database Service 
Management, Inc. (``DSMI''), the administrator of the toll free 
database. The Common Carrier Bureau directed DSMI to place these 
numbers in ``unavailable'' status until the Commission resolved 
whether these numbers ultimately should be afforded permanent 
special rights or protection.
    On March 31, 1998, the Commission issued an Order and Memorandum 
Opinion and Order (``Fourth Report and Order'') (a copy of which is 
enclosed), in which it concluded that vanity numbers in the 877 toll 
free code and toll free codes beyond 877 shall be released and made 
available on a first-come, first-served basis. The Commission 
further concluded that 800 subscribers holding 800 vanity numbers 
that correspond to the 888 vanity numbers that were initially set 
aside shall be offered a right of first refusal to those 888 set-
aside numbers. If the 800 subscriber refrains from exercising its 
option to reserve the corresponding 888 vanity number, that number 
shall be released and made available on a first-come, first-served 
basis. The 888 set-aside numbers are to be made available for 
assignment 90 days after the 877 code is deployed.
    The Bureau instructs DSMI to release the 877 numbers into the 
general pool of available numbers on April 5, 1998 for reservation 
on a first-come, first-served basis. Further, the Bureau instructs 
DSMI to inform RespOrgs to notify their 800 subscribers of their 
right of first refusal of the set-aside 888 numbers. RespOrgs will 
have 20 days from 877 deployment to notify customers of their rights 
of first refusal. These 800 subscribers will have 30 days to respond 
in writing to their RespOrgs. This means that these subscribers must 
submit their written responses to their RespOrgs no later than 50 
days from 877 deployment. RespOrgs will then have 30 days to submit 
all required documentation to DSMI. This means that RespOrgs must 
submit to DSMI all required documentation no later than 80 days from 
877 deployment. RespOrgs will have 10 days to notify DSMI of errors 
made regarding deployment of 888 numbers and to provide 
documentation to support the claim, including documentation that the 
RespOrg complied with the procedures described in this letter for 
deploying the 888 numbers. DSMI should resolve these claims 
expeditiously.
    If the 800 subscriber chooses to obtain the corresponding number 
in the 888 code, that number should be placed in the control of that 
800 subscriber's RespOrg 80 days after the 877 code is deployed. We 
require DSMI to place that number in the control of the appropriate 
RespOrg only if it receives a

[[Page 18423]]

letter within the proper time period from that RespOrg making that 
request along with a clear and legible copy of the letter that the 
800 subscriber sent to its RespOrg or Toll Free Service Provider 
expressing interest in obtaining that 888 number. Those 888 numbers 
placed in the control of the appropriate RespOrgs should be assigned 
to the appropriate subscribers no later than 90 days from 877 
deployment.
    If the 800 subscriber is not interested in obtaining the set-
aside 888 number, that 888 number shall be released into the spare 
pool of available numbers, 90 days after deployment of 877, for 
assignment on a first-come, first-served basis. We require that DSMI 
release any 888 set-aside number into the spare pool of available 
numbers only if one of three events occur: (1) DSMI receives a 
letter from the RespOrg authorizing DSMI to release that particular 
888 number along with a clear and legible copy of the letter that 
the current 800 subscriber sent to its RespOrg or Toll Free Service 
Provider refusing that 888 number; (2) DSMI receives a letter from 
the RespOrg certifying that the RespOrg notified the 800 subscriber 
and the subscriber failed to respond within the required period of 
time; or (3) the 800 number corresponding to the 888 set-aside 
number is not assigned to a subscriber.
    Finally, we direct DSMI to place all ``877-555-XXXX'' numbers in 
unavailable status along with the ``888-555-XXXX'' numbers until the 
Commission has reached a decision on the issues related to the 
development of competitive directory assistance service.
    Paperwork Reduction Act Notice: On March 27, 1998, the 
Commission adopted an Order and Memorandum Opinion and Order, (CC 
Docket 95-155), FCC 98-48 (``Fourth Report and Order'') resolving 
how vanity numbers should be assigned. The Commission delegated 
authority to the Bureau to resolve those issues necessary for the 
assignment of the 888 set-aside vanity numbers and implementation of 
877, including conservation plans, if needed on any or all toll free 
codes in use to prevent exhaust of toll free numbers before 
deployment of the next toll free code. The Commission concluded that 
vanity numbers in the 877 toll free code, and toll free codes beyond 
877, shall be released and made available on a first-come, first-
served basis as each toll free code is deployed. The Commission 
further concluded that 800 subscribers holding 800 vanity numbers 
that correspond to the 888 vanity numbers that were initially set 
aside shall be offered a right of first refusal to those 888 set-
aside numbers. If the 800 subscriber refrains from exercising its 
option to reserve the corresponding 888 vanity number, that number 
shall be released and made available on a first-come, first-served 
basis. The 888 set-aside numbers are to be made available for 
assignment 90 days after the 877 code is deployed. The requirements 
are necessary to ensure that toll free subscribers are given notice 
and opportunity to reserve numbers of their choice. Your response is 
required.
    Remember--You are not required to respond to a collection of 
information sponsored by the Federal government, and the government 
may not conduct or sponsor this collection, unless it displays a 
currently valid Office of Management and Budget (OMB) control 
number. This collection has been assigned an OMB control number of 
3060-0825.
    We have estimated that each response to this collection of 
information will take, on average, 1 hour. Our estimate includes the 
time to read the instructions, look through existing records, gather 
and maintain the required data, and actually complete and review the 
form or response. If you have any comments on this estimate, or how 
we can improve the collection and reduce the burden it causes you, 
please write the Federal Communications Commission, AMD-PERM, 
Washington, D.C. 20554, Paperwork Reduction Project (3060-0825). We 
also will accept your comments via Internet if you send them to 
[email protected]. Please do not send completed forms to this address.
    The foregoing Notice is required by the Privacy Act of 1974, 
Public Law 93-579, December 31, 1974, 5 U.S.C. 552a(e)(3), and the 
Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. 3501.

    Sincerely,
Geraldine A. Matise, Chief, Network Services Division.

Federal Communications Commission.
Anna M. Gomez,
Deputy Chief, Network Services Division.
[FR Doc. 98-9945 Filed 4-14-98; 8:45 am]
BILLING CODE 6712-01-U