[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Rules and Regulations]
[Pages 18256-18257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8651]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WT Docket No. 98-229, CC Docket No. 95-116; FCC 00-47]


Cellular Telecommunications Industry Association's Petition for 
Forbearance From Commercial Mobile Radio Services Number Portability 
Obligations; Telephone Number Portability

AGENCY: Federal Communications Commission.

ACTION: Final rule: Petition for Reconsideration.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission) denies four petitions for reconsideration or clarification 
of the Commission's Order forbearing from imposing service provider 
local number portability (LNP) requirements on commercial mobile radio 
service providers (CMRS providers) until November 24, 2002. The 
Commission finds that, in its forbearance decision, it adequately 
considered issues related to number conservation, competition in the 
wireless industry, and the Telecommunications Resellers Association's 
alternate LNP proposal. The Commission also finds that its forbearance 
analysis was consistent with the statutory standard. By this document, 
the Commission declines to extend or shorten the November 24, 2002 
deadline for CMRS providers to support service provider LNP in the top 
100 Metropolitan Statistical Areas (MSAs).

DATES: Effective April 7, 2000.

FOR FURTHER INFORMATION CONTACT: Joel Taubenblatt, Wireless 
Telecommunications Bureau, at (202) 418-1513.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration in WT Docket No. 98-229 and CT Docket No. 95-116, 
adopted February 9, 2000, and released February 23, 2000. The complete 
text of this Order on Reconsideration is available for inspection and 
copying during normal business hours in the Commission's Reference 
Center, room CY-A257, 445 12th Street SW, Washington, DC. The complete 
text is also available through the Internet at http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00047.doc. In addition, the complete 
text may be purchased from the Commission's duplicating contractor, 
International Transcription Service, Inc. (ITS, Inc.) at 1231 20th 
Street NW, Washington, DC 10036, (202) 857-3800.

Synopsis of the Order on Reconsideration

    1. On May 27, 1999, four parties filed petitions for 
reconsideration or clarification of the Commission's Order forbearing 
from imposing service provider LNP requirements on CMRS providers until 
November 24, 2002. See Cellular Telecommunications Industry 
Association's Petition for Forbearance From Commercial Mobile Radio 
Services Number Portability Obligations, 64 FR 22562, April 27, 1999 
(``CMRS LNP Forbearance Order''). These parties are GTE Service 
Corporation (GTE), MCI WorldCom Inc. (MCI WorldCom), the 
Telecommunications Resellers Association (TRA), and the Pennsylvania 
Public Utility Commission (Pennsylvania Commission). The Commission 
denies these petitions for the reasons discussed.
    2. Under the Commission's prior LNP decisions, CMRS providers were 
required to implement LNP in the top 100 MSAs and to support nationwide 
roaming by March 31, 2000. Implementation of LNP by CMRS providers 
would enable wireless customers to ``port'' their telephone numbers in 
the event that they switch from one wireless carrier to another, or 
from a wireless to a wireline carrier.
    3. In the CMRS LNP Forbearance Order, the Commission granted a 
petition filed by the Cellular Telecommunications Industry Association 
(CTIA) requesting forbearance from the Commission's service provider 
LNP requirements for CMRS providers until the expiration of the five-
year buildout period for broadband PCS carriers. The Commission found 
that the limited forbearance granted in the CMRS LNP Forbearance Order 
satisfied the three-prong test for granting forbearance set forth in 
section 10 of the Communications Act. 47 U.S.C. 160. Accordingly, the 
Commission extended the deadline for CMRS providers to support service 
provider LNP in the top 100 MSAs until November 24, 2002. The 
Commission also stated its intention to promptly initiate a rulemaking 
proposing certain non-LNP based numbering optimization techniques 
applicable to all telecommunications carriers and to develop standards 
for other number conservation methods, possibly including one or more 
pooling methods. On June 2, 1999, the Commission released a Notice of 
Proposed Rulemaking on numbering resource optimization. See Numbering 
Resource Optimization, 64 FR 32471, June 17, 1999 (``Numbering Resource 
Optimization Notice'').
    4. In their petitions for reconsideration of the CMRS LNP 
Forbearance Order, MCI WorldCom, the Pennsylvania Commission, and TRA 
argue that the Commission should not have forborne from imposing 
service provider LNP requirements on CMRS providers for any length of 
time. GTE's petition for reconsideration of the CMRS LNP Forbearance 
Order, on the other hand, contends that the Commission should have 
forborne indefinitely from imposing service provider LNP requirements 
on CMRS providers. Generally, petitioners challenge the Commission's 
analysis of issues related to number conservation, competition in the 
wireless industry, and TRA's alternate LNP proposal. In addition, GTE 
and TRA challenge the Commission's application of the forbearance 
standard set forth in section 10 of the Communications Act. 47 U.S.C. 
160.
    5. This Order on Reconsideration finds that none of the petitions 
raises arguments that warrant reconsideration of the Commission's 
decision in the CMRS LNP Forbearance Order to forbear from imposing 
service provider LNP requirements on CMRS providers until November 24, 
2002.
    6. With respect to number conservation issues, the Order rejects 
assertions that: (1) the Commission's decision to extend the CMRS LNP 
deadline until November 24, 2002 will hamper the implementation of 
number optimization solutions that require LNP technology, such as 
thousands-block number pooling; and (2) the Commission's consideration 
of number conservation issues as a basis for limiting forbearance was 
impermissible and inaccurate speculation. In addition, in response to a 
request for clarification,

[[Page 18257]]

the Order notes that whether, and the extent to which, the Commission 
should delegate additional authority to states to implement various 
numbering optimization measures is the subject of the Numbering 
Resource Optimization Notice. The Order also states the Commission's 
belief that the existing North American Numbering Council reporting 
mechanism, as well as the authority of the Wireless Telecommunications 
Bureau to address any wireless LNP implementation problems that may 
arise, are sufficient to address the LNP implementation concerns raised 
by petitioners.
    7. With respect to competition issues, the Order states that the 
Commission carefully considered the effect of forbearance from the CMRS 
LNP requirements on wireless-to-wireless and wireless-to-wireline 
competition and found that extending the wireless LNP deadline until 
November 24, 2002, but not beyond that date, would promote competition 
in the short term and in the long term. Regarding TRA's proposed 
alternative approach for implementing LNP, the Commission finds that 
the Commission adequately considered TRA's proposal in the CMRS LNP 
Forbearance Order.
    8. Finally, with respect to section 10 issues, the Order affirms 
the Commission's findings that the forbearance granted in the CMRS LNP 
Forbearance Order is consistent with the statutory standard of section 
10. In addition, the Order states that, as an alternative to section 10 
forbearance, the Commission could have extended the CMRS LNP 
implementation deadline to November 24, 2002 by granting a waiver under 
Sec. 1.3 of the Commission's rules. See 47 CFR 1.3.

Ordering Clause

    9. Accordingly, pursuant to Sec. 1.106 of the Commission's rules, 
47 CFR 1.106, the petitions for reconsideration of the CMRS LNP 
Forbearance Order filed by GTE Service Corporation, MCI WorldCom Inc., 
the Pennsylvania Public Utility Commission, and the Telecommunications 
Resellers Association are denied.

List of Subjects in 47 CFR Part 52

    Telecommunications.

Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Group.
[FR Doc. 00-8651 Filed 4-6-00; 8:45 am]
BILLING CODE 6712-01-P