[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