[Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
[Notices]
[Pages 14243-14244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7171]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 95-155]


Toll Free Service Access Codes

AGENCY: Federal Communications Commission.

ACTION: Notice; letter.

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SUMMARY: The Common Carrier Bureau has issued a letter ending the 888 
right-of-first-refusal process and referring non-compliant RespOrgs to 
the Bureau's Enforcement Division. All unclaimed set-aside 888 numbers 
(except 888-555-XXXX numbers) will be released into ``spare'' status 
and become available to all subscribers on a first come, first served 
basis on April 5, 1999.

FOR FURTHER INFORMATION CONTACT: Marty Schwimmer 202-418-2334.

SUPPLEMENTARY INFORMATION: The Bureau's letter follows:

Release Date: March 19, 1999.
Mr. Michael Wade,
President, Database Service Management, Inc., 6 Corporate Place, 
Room PYA--1F286, Piscataway, NJ 08854-4157

Re: End of 888 Right-of-First-Refusal Process on April 5, 1999, 
Referral of Non-Compliant RespOrgs to Enforcement Division

    Dear Mr. Wade: In January 1996, the Bureau directed Database 
Service Management, Inc. (DSMI) to set aside, in ``unavailable'' 
status, toll free 888 numbers that subscribers with corresponding 
800 numbers might wish to request, except that 888-555-XXXX numbers 
were to remain unavailable because they are associated with 
directory assistance.1 In March 1998, the Commission 
voted to permit holders of

[[Page 14244]]

corresponding 800 numbers to have a ``right of first refusal'' to 
the set-aside 888 numbers.2
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    \1\ In the Matter of Toll Free Service Access Codes, Report and 
Order, CC Docket No. 95-155, 11 F.C.C.Rcd. 2496, 2509 (1996).
    \2\ In the Matter of Toll Free Service Access Codes, Fourth 
Report and Order and Memorandum Opinion and Order, CC Docket No. 95-
155, 13 F.C.C. Rcd. 9058 (1998). 888-555-XXXX numbers were not 
included in the 888 right-of-first-refusal process.
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    The Bureau's letters to you dated April 2 and May 15, 1998, 
required Responsible Organizations (RespOrgs)--the entities that 
manage and administer subscriber records in the 800 Service 
Management System--to notify subscribers of their right of first 
refusal to request the 888 numbers that had been set aside for 
them.3 By August 21, 1998, RespOrgs were to report to 
DSMI those 888 numbers that subscribers requested to activate or 
declined to activate, and they were to certify to DSMI that they had 
attempted to contact the subscribers having right of first refusal 
to all other set-aside 888 numbers by providing to DSMI each 
subscriber's name, address, phone number, and the date and means by 
which the RespOrg attempted the notification. The May 15 letter 
stated that the Bureau would audit the results to ensure that 
subscribers received adequate notice from RespOrgs of their right of 
first refusal. It concluded that the time for subscribers to 
exercise their right of first refusal will end following completion 
of the process, when the Bureau directs DSMI to release all 
remaining unclaimed ``unavailable'' set-aside 888 numbers into 
``spare'' status.
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    \3\ Letter from Geraldine A. Matise, Chief, Network Services 
Division, Common Carrier Bureau, to Mr. Michael Wade, President, 
Database Service Management, Inc., dated April 2, 1998, 63 FR 18422 
(Apr. 15, 1998). Letter from Geraldine A. Matise, Chief, Network 
Services Division, Common Carrier Bureau, to Mr. Michael Wade, 
President, Database Service Management, Inc., dated May 15, 1998, 63 
FR 29734 (Jun. 1, 1998).
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    The Bureau's letter to you dated November 24, 1998, identified 
RespOrgs that apparently did not account for all of their set-aside 
888 numbers, because they did not certify that they had attempted to 
contact the subscribers who had right of first refusal for 100% of 
those numbers.4 The letter required those RespOrgs to 
explain, by December 11, 1998, why the required notification process 
was not completed and what action they were taking to remedy their 
non-compliance. The letter concluded that RespOrgs failing to 
provide satisfactory explanation or failing to submit explanations 
altogether will be referred to the Common Carrier Bureau's 
Enforcement Division for enforcement action, possibly resulting in 
forfeiture penalties, decertification as RespOrgs, or further 
referral to the Department of Justice to determine whether a fine, 
imprisonment, or both are warranted.5
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    \4\ Letter from Anna M. Gomez, Chief, Network Services Division, 
Common Carrier Bureau, to Mr. Michael Wade, President, Database 
Service Management, Inc., dated November 24, 1998, 63 FR 67483 (Dec. 
7, 1998).
    \5\ Toll Free Service Access Codes, Second Report and Order and 
Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 
F.C.C. Rcd. 11162 (1997).
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    This letter now ends the 888 right-of-first-refusal process. 
Approximately 370,000 toll free 888 numbers were set aside under the 
Commission's right-of-first-refusal policy. In compliance with the 
required procedures, RespOrgs have reported that they notified the 
subscribers having right of first refusal to approximately 90% of 
the set-aside 888 numbers. RespOrgs that failed to comply with the 
procedures are being referred at this time to the Bureau's 
Enforcement Division.
    Therefore, DSMI is directed, beginning at noon and ending by 
6:00 pm EST on April 5, 1999, to release all remaining unclaimed 
``unavailable'' set-aside 888 numbers (except 888-555-XXXX numbers) 
into ``spare'' status. At that time, those numbers will become 
available to all subscribers on a first come, first served basis. 
The Commission will publish notice of this letter in the Federal 
Register and post it on the Commission's Internet site at 
www.fcc.gov, so that the public may know in advance when all 
remaining set-aside 888 numbers will become available. DSMI is also 
directed to forward a copy of this letter to all RespOrgs.

        Sincerely,
Lawrence E. Strickling,
Chief, Common Carrier Bureau.

Federal Communications Commission.
Kurt A. Schroeder,
Deputy Chief, Network Services Division, Common Carrier Bureau.
[FR Doc. 99-7171 Filed 3-23-99; 8:45 am]
BILLING CODE 6712-01-P