[Federal Register Volume 68, Number 30 (Thursday, February 13, 2003)]
[Rules and Regulations]
[Page 7323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3136]



[[Page 7323]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[CC Docket No. 95-116; DA 03-211]


Petition for Declaratory Ruling That Wireline Carriers Must 
Provide Portability to Wireless Carriers Operating Within Their Service 
Areas

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for declaratory ruling.

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SUMMARY: The Commission seeks comment on a petition for declaratory 
ruling from the Cellular Telecommunications & Internet Association 
(CTIA) asking the Commission to rule that wireline carriers are 
obligated to provide portability of their customers' telephone numbers 
to wireless carriers whose service area overlaps the wireline carriers' 
rate centers.

DATES: Comments are due on or before February 26, 2003, and reply 
comments are due on or before March 13, 2003

FOR FURTHER INFORMATION CONTACT: Jennifer Salhus, Attorney, (202) 418-
1310.

SUPPLEMENTARY INFORMATION:
    1. On January 23, 2003, the Cellular Telecommunications & Internet 
Association filed a Petition for Declaratory Ruling (Petition), asking 
the Commission to rule that wireline carriers are obligated to provide 
portability of their customers' telephone numbers to Commercial Mobile 
Radio Service (CMRS) providers whose service area overlaps the wireline 
carriers' rate centers. CTIA contends that some local exchange carriers 
(LECs) have narrowly construed the number portability obligations (as 
found at 47 CFR 52.23 and 52.31) with regard to CMRS providers, taking 
the position that portability is required only where CMRS providers 
have established a presence in the landline rate center where customers 
seek to port numbers from the LEC to CMRS providers.
    2. We seek comment on the issues raised in the Petition. Interested 
parties may file comments on or before February 26, 2003. Reply 
comments are due March 13, 2003. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS) or by filing paper 
copies. Comments and reply comments should be filed in the docket 
number, CC Docket No. 95-116.
    3. This is a ``permit but disclose'' proceeding pursuant to Sec.  
1.1206 of the Commission's Rules. Ex parte presentations that are made 
with respect to the issues involved in the Petition will be allowed but 
must be disclosed in accordance with the requirements of Sec.  
1.1206(b) of the Commission's Rules.
    4. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. In 
completing the transmittal screen, filing parties should include their 
full name, Postal Service mailing address, and the applicable docket 
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, parties should 
send an e-mail to [email protected], and should include the following words 
in the body of the message, ``get form .'' A sample form and directions will be sent in 
reply. Commenters also may obtain a copy of the ASCII Electronic 
Transmittal Form (FORM-ET) at http://www.fcc.gov/e-file/email.html.
    5. Parties who choose to file by paper must file an original and 
four copies of each filing. Each filing should include the applicable 
docket number. Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). The Commission's contractor, 
Vistronix, Inc., will receive hand-delivered or messenger-delivered 
paper filings for the Commission's Secretary at 236 Massachusetts 
Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this 
location are 8 a.m. to 7 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes must be disposed of 
before entering the building. Commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) must be sent to 
9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service 
first-class mail, Express Mail, and Priority Mail should be addressed 
to 445 12th Street, SW., Washington, DC 20554. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission. In addition, a diskette copy should 
be sent to the Commission's copy contractor, Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone (202) 863-2893, facsimile (202) 863-2898, or via e-mail to 
[email protected].
    6. The full text of the Petition and responsive comments will be 
available electronically on the Commission's ECFS under CC Docket No. 
95-116. In addition, copies of these documents are available for public 
inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. Documents may also be purchased from the 
Commission's duplicating contractor. Alternative formats (computer 
diskette, large print, audio recording and Braille) are available to 
persons with disabilities by contacting Brian Millin, of the Consumer 
and Governmental Affairs Bureau, at (202) 418-7426 (voice) or (202) 
418-7365 (TTY), or at [email protected]. This Public Notice can also be 
downloaded in Text and ASCII formats at: http://www.fcc.gov/cib/dro. 
For further information concerning this proceeding, contact Jennifer 
Salhus, Policy Division, Wireless Telecommunications Bureau, at (202) 
418-1310 (voice), Pam Slipakoff, at (202) 418-1500 (voice), or (202) 
418-1169 (TTY).

Federal Communications Commission.
James D. Schlichting,
Deputy Chief, Wireless Telecommunications Bureau.
[FR Doc. 03-3136 Filed 2-12-03; 8:45 am]
BILLING CODE 6712-01-P