[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Pages 9674-9675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3324]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 52 and 64
[CC Docket No. 92-105; FCC 00-256]
The Use of N11 Codes and Other Abbreviated Dialing Arrangements
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Federal Communications Commission (FCC or
Commission) granted petitions filed by the U.S. Department of
Transportation (DOT), and by Information and Referral providers seeking
nationwide assignment of abbreviated dialing codes. The assigned
dialing codes will be used for access to traveler information services
and for access to community information and referral services,
respectively.
DATE: Effective February 9, 2001.
ADDRESSES: Federal Communications Commission, Secretary, 445 12th
Street, SW, Room TW-B204F, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Cheryl Callahan at (202) 418-2320, fax
(202) 418-2345, TTY (202) 418-0484, or [email protected]. The address
is: Network Services Division, Common Carrier Bureau, Federal
Communications Commission, The Portals, 445 12th Street, SW., Suite 6-
A320, Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Report and Order and Order on Reconsideration in CC Docket No. 92-105,
FCC 00-256 (Third Report and Order), in the matter of the use of N11
Codes and other abbreviated dialing arrangements, adopted July 21,
2000, and released July 31, 2000. The full text of the item 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 CY-A257, 445
12th Street, SW., Washington, DC 20554, or copies may be purchased from
the Commission's duplicating contractor, ITS, Inc., 445 12th Street,
SW, Suite CY-B400, Washington, DC 20554, phone (202) 857-3800. This
Order contains no new or modified information collections subject to
the Paperwork Reduction Act of 1995, Public Law 104-13.
Synopsis of the Report and Order
1. N11 codes are abbreviated dialing arrangements that allow
telephone users to connect with a particular node in the network by
dialing only three digits. There are only eight possible N11 codes,
making N11 codes among the scarcest of numbering resources under our
jurisdiction. Of the eight N11 codes available, the Commission has
already assigned two for nationwide use, and has been directed by
Congress to assign another. In addition, three other N11 codes are
widely used by carriers across the country, but have not been assigned
by the Commission for such nationwide use. Thus, at this time, the 211
and 511 codes are the only two N11 codes that can be assigned and
deployed immediately.
2. The network must be pre-programmed to translate the three-digit
code into the appropriate seven or ten-digit telephone number and route
the call accordingly. Among abbreviated dialing arrangements, ``N11''
codes are three-digit codes of which the first digit can be any digit
other than 1 or 0, and the last two digits are both 1.
3. Prior to the 1996 Act, incumbent local exchange carriers (LECs),
state commissions, Bellcore and the Commission performed the functions
relating to numbering administration, including administration of
abbreviated dialing codes. Section 251(e) of the Communications Act of
1934, as amended by the Telecommunications Act of 1996 (1996 Act),
gives the Commission exclusive jurisdiction over numbering
administration, and over those portions of the North American Numbering
Plan (NANP) that pertain to the United States. This section also
provides that the Commission may delegate all or part of its numbering
administration authority to state commissions or other entities. In
1992, the Commission adopted a Notice of Proposed Rulemaking (N11
NPRM), 7 FCC Rcd 3004, proposing that incumbent local exchange carriers
be required to provide abbreviated dialing arrangements. Subsequent to
the N11 NPRM, various parties asked the Commission to designate N11
codes to facilitate network access to Telecommunications Relay Service
(TRS) for individuals with hearing or speech disabilities, to federal
government services, to state government services, and to non-emergency
police services.
4. In 1997, the Commission released the N11 First Report and Order
and FNPRM, 12 FCC Rcd 5572, in which it authorized the incumbent LECs,
states, and Bellcore to continue to perform N11 code administrative
functions that they performed prior to the time of enactment of the
1996 Act. In the N11 First Report and Order and FNPRM, the Commission
assigned 311 on a nationwide basis for non-emergency police services,
but allowed existing non-compliant uses of 311 to continue until the
local government in that area was prepared to activate a non-emergency
police 311 service. In addition, at the discretion of local
jurisdictions, the Commission allowed 311 to be used to access other
government services, but declined to assign a separate N11 for this
purpose. The Commission also granted the request for an N11 code to
reach Telecommunications Relay Services (TRS), assigning 711 nationwide
for this use. Finally, the Commission declined to: (1) Mandate that N11
numbers be made available for access to information services; (2)
mandate that an N11 code be designated for access to federal government
agencies; or (3) disturb the current uses of 911, 411, 611 and 811 for
access to emergency services, directory assistance, and LEC repair and
business offices, respectively.
5. The Commission in the N11 First Report and Order and FNRPM also
requested comment on a number of issues. Specifically, the issues to be
addressed related to deployment of TRS, the sale or transfer of N11
codes, and administration of N11 codes. Subsequently, several parties
filed requests for reconsideration and/or clarification of certain
matters discussed in the N11 First Report and Order and FNPRM.
Specifically, the International Association of Fire Chiefs and
International Municipal Signal Association (IAFC Petitioners) opposed
any expanded use of N11 codes for non-emergency and commercial uses.
BellSouth sought reconsideration and/or clarification regarding the
status of non-conforming uses of N11 service codes,
[[Page 9675]]
including 311 and 711, the ``six-month'' implementation requirement for
311, and requirements placed on CMRS providers with respect to handling
311 calls. It also sought clarification regarding incumbent LECs'
obligations to provide 611 and 811 for access to repair and business
offices.
6. The U.S. DOT and the Information and Referral Petitioners
requested assignment of N11 codes to provide gateway access to travel
information services and community service organizations, respectively.
The U.S. DOT does not request a specific N11 dialing code, whereas the
Information and Referral Petitioners seek assignment of 211,
specifically, for their proposal. Both petitioners contend that the
provision of services using toll-free numbers or local numbers is not
only inefficient, but limits the widespread use of travel information
or community services information, and also limits the accessibility to
these services. Both proposals enjoy widespread support from a variety
of organizations, state and local governments, and other interested
parties.
7. This Third Report and Order resolves issues raised in the
petitions for reconsideration that relate to the manner in which N11
codes are assigned, and grants the two petitions for assignment of N11
codes filed by the U.S. DOT and the Information and Referral
Petitioners. Issues raised in the N11 First Report and Order regarding
the implementation of 711 are being addressed in the Second Report and
Order. 15 FCC Rcd 15188. Similarly, the Commission will address matters
dealing with designation of 911 as the national emergency number
throughout the United States in a separate order.
8. In the Third Report and Order the Commission assigns abbreviated
dialing code 511 to be used for access to traveler information
services, and assign the abbreviated dialing code 211 to be used for
access to community information and referral services. The Commission
believes that these two proposals meet the ``pubic interest'' standards
for assignment of N11 codes established in the N11 First Report and
Order, and this need is demonstrated by the wide support for the two
petitions. Both petitioners propose to provide access to their services
without an additional charge to callers, and each has demonstrated that
its service provides a substantial public benefit. The Commission
denied petitions for reconsideration of the N11 First Report and Order
filed by the International Association of Fire Chiefs and International
Municipal Signal Association (IAFC Petitioners) and BellSouth. The
Commission also resolved issues raised in the N11 FNPRM, and concluded
that the sale or transfer of N11 codes through private transactions
should not be allowed at this time. The Commission also concluded that
the Commission should continue to make assignments of N11 codes, rather
than delegate this authority to the North American Numbering Plan
Administrator (NANPA) or any other entity.
9. Several commenters contended that the Commission should initiate
a comprehensive review of our rules and practices relating to
abbreviated dialing arrangements, due in part to the ``competing''
petitions, and other existing users. We decline, at this time, to do so
because we find such a rulemaking proceeding to be unnecessary. In this
Third Report and Order, we resolve issues that pertain to the two
pending requests for assignment of N11 codes. With the exception of one
outstanding petition, we also have resolved in this Order Third Report
and Order most of the outstanding issues relating to the N11
proceeding. We also note that in the three-year period following the
N11 First Report and Order, we have received only two petitions for
assignment of the remaining N11 codes, both of which are resolved in
this Order, and both had overwhelming support. We therefore decline to
initiate a rulemaking and review of Commission rules and practices
relating to abbreviated dialing codes at this time.
Regulatory Flexibility Act
10. As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated into the N11
First Report and Order and FNPRM. The Commission sought written public
comment on the proposals in the N11 First Report and Order, including
comment on the IRFA. The IRFA requested written public comment on two
issues: (1) The technical feasibility of implementing 711 access for
telecommunications relay services and (2) the proprietary nature of N11
codes and the transfer of the administration of N11 codes.
11. The first issue concerning the technical feasibility of
implementing 711 access is being addressed in a companion proceeding
captioned the Second Report and Order. Therefore, the Commission did
not address that issue in this proceeding. The second issue concerning
the sale or transfer of N11 codes and the administration of N11 is
addressed in this proceeding. We conclude that the sale or transfer of
the N11 codes through private transactions should not be allowed at
this time, and that the Commission should continue to make assignments
of N11 codes, rather than delegate this authority to another entity.
Therefore, we decline to make any revisions or modifications to our
rules at this time. The RFA requires that a Final Regulatory
Flexibility Analysis (FRFA) be completed ``[w]hen an agency promulgates
a final rule * * * ''. 5 U.S.C. 604(a). Because we are not adopting any
new rules and are not making any changes to existing rules, a FRFA is
not required.
Ordering Clauses
12. Accordingly, it is ordered, pursuant to Sections 1, 4(i), and
251(e)(1) of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), and 251(e)(1), that this Third Report and Order and Order on
Reconsideration is hereby adopted.
13. The Petition for assignment of an N11 for access to travel
information services filed by the U.S. Department of Transportation is
granted, and that the Petition for assignment of 211 for access to
community information and referral services filed by the Information
and Referral providers is granted.
14. The Petitions for Reconsideration and/or Clarification filed by
Arch, BellSouth, Interactive Services Association, and International
Association of Fire Chiefs and International Municipal Signal
Association are denied.
15. 511 is assigned as a national abbreviated dialing code to be
used exclusively for access to travel information services as of the
effective date of this Third Report and Order.
16. That 211 is assigned as a national abbreviated dialing code to
be used for access to community information and referral services as of
the effective date of this Third Report and Order.
Federal Communications Commission.
Shirley Suggs,
Chief, Publications Branch.
[FR Doc. 01-3324 Filed 2-8-01; 8:45 am]
BILLING CODE 6712-01-P