Nationwide Number Portability; Numbering Policies for Modern Communications, 55970-55984 [2017-25458]
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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. This action
contains no federal mandates for state
and local governments and does not
impose any enforceable duties on state
and local governments. This action
merely withdraws a state program (at
the voluntary request from Idaho) and
therein transfers implementation of the
Class II UIC program to EPA.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action contains no
federal mandates for tribal governments
and does not impose any enforceable
duties on tribal governments. Thus,
Executive Order 13175 does not apply
to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it transfers a state program.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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J. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA has determined that this
action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994)
because it does not establish an
environmental health or safety standard.
This rule does not impose any health or
safety standards; this action transfers a
state program and therein transfers
direct implementation of the Class II
UIC program to EPA.
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List of Subjects in 40 CFR Part 147
Environmental protection, Indian—
lands, Intergovernmental relations,
Reporting and recordkeeping
requirements, Water supply.
Idaho is June 11, 1984. The effective
date of the UIC program for Class II
wells on non-Indian lands in Idaho is
[date of publication of final rule in the
Federal Register].
Dated: November 6, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017–24637 Filed 11–24–17; 8:45 am]
BILLING CODE 6560–50–P
For the reasons set out in the
preamble, Title 40 chapter 1 of the Code
of Federal Regulations is proposed to be
amended as follows:
PART 147—STATE, TRIBAL, AND EPAADMINISTERED UNDERGROUND
INJECTION CONTROL PROGRAMS
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 51 and 52
[WC Docket No. 17–244, WC Docket No.
13–97; FCC 17–133]
■
Nationwide Number Portability;
Numbering Policies for Modern
Communications
Authority: 42 U.S.C. 300h et seq.; and 42
U.S.C. 6901 et seq.
AGENCY:
1. The authority citation for part 147
is revised to read as follows:
Subpart N—Idaho
2. Amend § 147.650 by revising the
section heading and the introductory
paragraph to read as follows:
■
§ 147.650 State-administered program—
Class I, III, IV, and V wells.
The UIC program for Class I, III, IV,
and V wells in the state of Idaho, other
than those on Indian lands, is the
program administered by the Idaho
Department of Water Resources,
approved by EPA pursuant to section
1422 of the Safe Drinking Water Act.
Notice of this approval was published in
the Federal Register on June 7, 1985;
the effective date of this program is July
22, 1985. This program consists of the
following elements, as submitted to EPA
in Idaho’s program application. Note:
because EPA subsequently transferred
the Class II UIC program from the Idaho
Department of Water Resources to EPA,
references to Class II in the following
elements are no longer relevant or
applicable for federal UIC purposes.
*
*
*
*
*
■ 3. Amend § 147.651 by revising the
section heading and paragraphs (a) and
(b) to read as follows:
§ 147.651 EPA-administered program—
Class II wells and all wells on Indian lands.
(a) Contents. EPA administers the UIC
program for all classes of wells on
Indian lands and for Class II wells on
non-Indian lands in the state of Idaho.
This program consists of the UIC
program requirements of 40 CFR parts
124, 144, 146, 148, and any additional
requirements set forth in the remainder
of this subpart. Injection well owners
and operators, and EPA shall comply
with these requirements.
(b) Effective dates. The effective date
of the UIC program for Indian lands in
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Federal Communications
Commission.
ACTION: Proposed rule.
In this document, the
Commission seeks comment on how
best to move toward complete
nationwide number portability (NNP) to
promote competition among all service
providers. The NPRM proposes to
eliminate the N–1 query requirement,
and also proposes to forbear from the
dialing parity requirements for
competitive LECs that remain after the
2015 USTelecom Forbearance Order as
they apply to interexchange services.
The NPRM asserts these changes will
remove regulatory barriers to NNP and
better reflect the competitive realities of
today’s marketplace. The NOI seeks to
refresh the record in the 2013 Future of
Numbering NOI. It also seeks comment
on four NNP models proposed by ATIS:
Nationwide implementation of local
routing numbers (LRNs); nonGeographic LRNs (NGLRNs);
commercial agreements; and iconectiv’s
GR–2982–CORE. The NOI finally seeks
comment on the implications of these
proposals as they relate to public safety,
access by individuals with disabilities,
tariffs, and intercarrier compensation.
DATES: Comments are due on or before
December 27, 2017, and reply comments
are due on or before January 26, 2018.
Written comments on the Paperwork
Reduction Act proposed information
collection requirements must be
submitted by the public, Office of
Management and Budget (OMB), and
other interested parties on or before
January 26, 2018.
ADDRESSES: You may submit comments,
identified by both WC Docket No. 17–
244, and WC Docket No. 13–97 by any
of the following methods:
• Federal Communications
Commission’s Web site: https://
SUMMARY:
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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
apps.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
• Mail: Parties who choose to file by
paper must file an original and one copy
of each filing. If more than one docket
or rulemaking number appears in the
caption of this proceeding, filers must
submit two additional copies for each
additional docket or rulemaking
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. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission. All hand-delivered or
messenger-delivered paper filings for
the Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes 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 9050
Junction Drive, Annapolis Junction, MD
20701. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
• People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document. In addition to
filing comments with the Secretary, a
copy of any comments on the
Paperwork Reduction Act information
collection requirements contained
herein should be submitted to the
Federal Communications Commission
via email to PRA@fcc.gov and to Nicole
Ongele, Federal Communications
Commission, via email to
Nicole.Ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Wireline Competition Bureau,
Competition Policy Division, Sherwin
Siy, at (202) 418–2783, or sherwin.siy@
fcc.gov. For additional information
concerning the Paperwork Reduction
Act information collection requirements
contained in this document, send an
email to PRA@fcc.gov or contact Nicole
Ongele at (202) 418–2991.
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This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM) in WC
Docket No. 17–244, and CC Docket No.
13–97, adopted October 24, 2017, and
released October 26, 2017. The full text
of this document is available for public
inspection during regular business
hours in the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
It is available on the Commission’s Web
site at https://www.fcc.gov/document/
fcc-seeks-comment-moving-towardnationwide-number-portability-0.
Pursuant to sections 1.415 and 1.419 of
the Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998), https://www.fcc.gov/
Bureaus/OGC/Orders/1998/
fcc98056.pdf.
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
www.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
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. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission. All hand-delivered or
messenger-delivered paper filings for
the Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes 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 9050
Junction Drive, Annapolis Junction, MD
20701. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
• People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
SUPPLEMENTARY INFORMATION:
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send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
Synopsis
I. Introduction
1. Telephone numbers continue to
serve as important identifiers for
reaching family and friends, businesses,
and other key contacts. Therefore, many
individuals and businesses value their
telephone numbers and the ability to
keep them—whether changing service
providers, moving from one
neighborhood to another, or relocating
across the country.
2. Currently, consumers and
businesses can keep their telephone
numbers when changing service
providers—wireline-to-wireline,
wireless-to-wireless, and wireline-towireless and the reverse—when they
move locally. This local number
portability (LNP) benefits consumers
and promotes competition. But
consumers cannot uniformly keep their
traditional wireline numbers or their
mobile numbers when they move long
distance. The ability to keep your
telephone number when switching your
wireline or wireless service provider
may depend on whether the service
provider to whom you want to switch is
a nationwide service provider. This
limitation not only confuses and
inconveniences consumers, it harms the
ability of small or regional carriers to
compete, undermining a core principle
of number portability—competition.
3. In this Notice of Proposed
Rulemaking (NPRM) and Notice of
Inquiry (NOI), the Commission seeks
comment on how best to move toward
complete nationwide number portability
to promote competition between all
service providers, regardless of size or
type of service (wireline or wireless).
We also explore how technical aspects
of our current LNP and dialing parity
rules hinder the efficient routing of calls
throughout the network, causing
inefficiencies and delays.
II. Background
A. Overview
4. The Commission has plenary
authority over numbering matters.
Section 251(e) of the Act of 1934, as
amended (the Act) gives the
Commission exclusive jurisdiction over
the North American Numbering Plan
(NANP) and related telephone
numbering issues in the United States.
Section 251(b)(2) of the Act requires
local exchange carriers (LECs) to
‘‘provide, to the extent technically
feasible, number portability in
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accordance with requirements
prescribed by the Commission.’’
Together, these portions of the Act give
the Commission the authority not only
to require ‘‘number portability,’’ which
allows users to retain telephone
numbers at the same location, but also
to encourage ‘‘location portability,’’
allowing consumers to retain their
telephone numbers when changing their
location. Ensuring that telephone
numbers do not act as barriers to
competition between carriers of various
sizes and technologies is well within
our statutory authority. The
Commission has created rules for local
number portability and rules requiring
that local number portability be
available for wireless and
interconnected Voice over Internet
Protocol (VoIP) customers. A ‘‘rate
center’’ is a geographic area that is used
to determine whether a call is local or
toll. This type of unlimited number
portability—allowing consumers to port
any telephone number anywhere—has
been referred to as ‘‘nationwide number
portability’’ (NNP) or ‘‘non-geographic
number portability’’ (NGNP).
5. A wireless user may currently have
more opportunities than a wireline user
when it comes to number porting. But
even among wireless competitors,
smaller rural and regional carriers are at
a disadvantage versus their nationwide
competitors. Wireless-to-wireless
porting is only possible if the ported-to
wireless carrier has a facilities-based
presence in the porting customer’s
original geographic location, placing
smaller, non-nationwide carriers at a
disadvantage. Similarly, existing
technical strictures prevent customers
from porting their numbers from
wireless-to-wireline services, should a
consumer want to do so, unless the
ported-to wireline service provider
happens to have a presence in the same
rate center as the customer’s number.
This requirement naturally limits the
ability of LECs to port-in numbers from
wireless services, and will affect any toll
or long-distance charges or other
distance-sensitive costs for transiting
the Public Switched Telephone Network
(PSTN) portion of the call path, placing
these local wireline carriers at a
disadvantage when it comes to
competing for consumers.
6. An interconnected Voice over
Internet Protocol (VoIP) user is likewise
limited in terms of portability. While
there is no technologically-inherent
restriction on location of use if
connectivity is supported via the
Internet (or via a dedicated network that
can connect to it), calls to and from the
PSTN are routed through the rate center
where the telephone number is assigned
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as a local number. This means that the
rate center ‘‘location’’ of the number
determines the location and thus the
available LECs to which a customer can
port the number. This reduced
flexibility and choice also disadvantages
LEC over providers of other telephony
services.
7. Many consumers are thus still
limited to local number portability, and
interest in NNP remains high.
Government and private stakeholders
have explored possibilities for
implementing NNP in various forums.
In July 2015, the U.S. House of
Representatives Committee on Energy
and Commerce (the Committee)
requested that the Commission
expeditiously support nationwide
number portability, noting that
‘‘[c]onsumers overwhelmingly prefer to
keep their numbers when they switch
carriers.’’ The Committee further
indicated that the distinction within the
number portability rules places nonnationwide providers at a competitive
disadvantage and could result in
consumer confusion when attempting to
switch providers.
8. The Competitive Carriers
Association (CCA) subsequently
asserted that ‘‘CCA’s rural and regional
members have experienced problems
with porting-in wireless numbers from
disparate parts of the country.’’ CCA
further asserts that, as a result, nonnationwide carriers are placed at a
competitive disadvantage compared to
their nationwide counterparts who are
able to port-in numbers regardless of
location. CCA expressed that number
portability ‘‘helps to expand
competition by allowing consumers to
choose carriers that offer lower prices
and innovative product and service
offerings, and these public interest
benefits are diminished when nonnationwide carriers do not have the
same capability as nationwide carriers.’’
9. On May 16, 2016, the North
American Numbering Council (NANC),
issued a report on NNP. The NANC is
the Commission’s Federal Advisory
Committee on numbering
administration matters. It is comprised
of state regulators, consumer groups,
industry representatives, and other
stakeholders interested in number
administration. The NANC Report
recommended further inquiry into
several issues, including potential
impacts to the life of the NANP,
necessary edits to federal rules, and the
role of LRNs in the future as carriers use
both time division multiplexing- and
VoIP-based interconnection.
10. The Alliance for Technical
Industry Solutions (ATIS) approved a
Technical Report on a Nationwide
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Number Portability Study on June 20,
2016. The Alliance for
Telecommunication Industry Solutions
(ATIS) is a technical planning and
standards organization that develops
and promotes technical and operations
standards for communications and
related information technologies
worldwide. The ATIS Report analyzes
five potential solutions for achieving
NNP: (1) Nationwide implementation of
LRNs; (2) non-Geographic LRNs
(NGLRNs); (3) commercial agreements;
(4) Internet interconnection; and (5)
iconectiv’s GR–2982–CORE
specification. ATIS reported that the
commercial agreement solution is the
only one that can be supported today
that has no porting impacts.
11. On August 30, 2016, the NANC
LNP Working Group issued a white
paper on NGNP (the NANC notes that
NGNP and NNP ‘‘are considered to be
two synonymous terms, but it has
become the preference of the NANC
Working Groups to use the term NNP’’).
Among other things, the LNP Working
Group concluded that regulatory
changes made as a result of nongeographic number porting
implementation should be technology
and provider agnostic. The Working
Group reiterated that ‘‘any
implementation of NGNP . . . will
require collaboration and support by all
parties involved’’ and that an industry
move towards NGNP will require a
mandate by the Commission.
B. Background on Number Portability
Mechanisms
12. In the last few years, ATIS and the
NANC have worked to develop
approaches for implementing NNP and
thereby, increase access to smaller,
regional carriers and increase routing
efficiency in the network. Because the
changes required by some of these
proposals could be hindered by legacy
aspects of our telephone regulations, we
propose to eliminate certain legacy
aspects of our telephone regulations to
promote NNP, such as existing N–1 and
dialing parity requirements. This
section provides a summary of existing
number portability mechanisms as
background to the proposals and
questions in the NPRM and the NOI
below.
13. Current LNP Process. In the
current local number portability system,
consumers may keep their telephone
number when changing providers if
they remain at the same location. Stated
differently, consumers may be
prevented, for technical reasons, from
retaining their telephone number when
switching providers if they move
outside the original geographic area of
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their telephone number. This is true for
both intramodal (e.g., wireline-towireline or wireless-to-wireless) and
intermodal (e.g., wireline-to-wireless)
ports. In either context, a customer who
changes carriers, or who moves within
the same general geographic area, can
retain a telephone number through the
use of a LRN: A 10-digit number-like
number that shares a switch with the
customer’s location. The LRN is
essentially a telephone number that
designates the switch that serves the
customer’s new location. When
someone calls that customer’s ported
number, one of the carriers routing the
call will query the Number Portability
Administration Center/Service
Management System (NPAC/SMS),
which provides the routing carrier the
appropriate LRN. The NPAC/SMS
consists of hardware and software
platforms that host a national
information database and serves as the
central coordination point of LNP
activity. In this NPRM/NOI, we refer to
this system simply as the NPAC. The
call is then routed to the appropriate
switch, which contains the information
necessary to route the call to the correct
customer. The N–1 query requirement,
described below, is built into this
process; NNP solutions that alter the
process would likely require altering or
rescinding the N–1 requirement, lest it
result in persistent routing
inefficiencies. Dialing parity
requirements are also implicated in the
routing of calls to ported numbers, and
their amendment may similarly
facilitate NNP, by allowing greater
choice on the part of local carriers to
decide how calls are routed.
14. N–1 Requirement. The N–1 query
requirement mandates that the carrier
immediately preceding the terminating
carrier (the N–1 carrier) be responsible
for ensuring that the number portability
database is queried. Paragraph 73 of the
Second Number Portability Order is
included in the NANC’s
recommendations for LNP architecture
and administration, and thus
incorporated by reference into our
Rules. For instance, if a carrier is asked
to originate a telephone call to a number
that can be ported, it first determines
whether or not the number requires
routing to an interexchange carrier. If so,
it routes the call to the interexchange
carrier, which then queries the NPAC,
sending it the digits of the dialed
telephone number. The database
answers the query by providing an LRN.
The interexchange provider then routes
the call to the terminating carrier’s
switch, which routes the call to the
intended recipient. In this case, the
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interexchange carrier is the N–1 carrier,
and thus performs the number
portability database query. If, on the
other hand, the originating carrier finds
that the dialed number does not require
handoff to an interexchange carrier, it
performs the query itself, receives the
LRN, and then routes the call to the
appropriate terminating carrier’s switch.
In that case, the originating carrier itself
is the N–1 carrier, since only two
carriers are involved.
15. The N–1 requirement requires the
second-to-last carrier to perform the
number portability database query;
where an interexchange carrier is
involved, this prevents the originating
carrier from performing the query. The
N–1 requirement was recommended by
the NANC and adopted by the
Commission in the early stages of
implementing LNP because it ensured
that: Carriers would know when a
database had been queried; the cost of
performing queries would be distributed
between interexchange and originating
providers; and, moreover, that routing
performance would not be degraded by,
for instance, having a call routed to a
supposed terminating carrier, only for
that carrier to perform a query and
discover that the number had been
ported and required further routing.
Furthermore, industry stakeholders at
the time preferred the N–1 query
requirement to having the originating
service provider perform the query,
since doing so would require all carriers
across the country to implement number
portability simultaneously for it to
work. However, given changing market
conditions, and even more so with NNP,
this system may need to be altered. As
explained by ATIS, ‘‘[i]n an NNP
environment, a call could look like it is
interLATA but actually be intraLATA.
In this case it could be more efficient for
the originating carrier to know this, but
they may not be able to do this with the
N–1 requirement.’’ Thus, changes to the
number portability system can affect the
ability for a given carrier to know
whether or not it is in fact the N–1
carrier, and the requirement would
actively introduce inefficiencies into the
routing system, in some cases resulting
in calls unnecessarily being rerouted
multiple times, potentially increasing
traffic and costs for carriers, and delays
for consumers.
16. Dialing Parity. Dialing parity
provisions were originally intended to
ensure that incumbent LECs provided
the same access to stand-alone long
distance service providers as they did to
their own or their affiliates’ long
distance offerings. This
nondiscriminatory access to
interexchange carriers is part of the set
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of equal access requirements in the Act
that have been adopted from the 1982
Modification of Final Judgment (MFJ) in
the federal antitrust case against AT&T,
which imposed these requirements on
the Bell Operating Companies (BOCs).
The Telecommunications Act of 1996
(1996 Act) incorporated the MFJ’s equal
access requirements for these former
BOCs into the Communications Act via
section 251(g). The 1996 Act also
created more specific, affirmative equal
access requirements in section 251(b)
that applied to all local exchange
carriers. The provisions in this section
substantially resemble the requirements
in the MFJ, with the key differences that
the requirements in the MFJ cover
information services as well as
telephone toll service, and section
251(b)(3) covers local exchange and
telephone toll service.
17. We seek, through this NPRM and
NOI, to continue the Commission’s
efforts to align our regulations with the
trend toward all-distance voice services.
Moreover, we recognize, the decline of
the stand-alone long distance market
has limited the relevance and utility of
certain equal access obligations for
competitive providers and their
customers. In the 2015 USTelecom
Forbearance Order, the Commission
forbore from the ‘‘application to
incumbent LECs of all remaining equal
access and dialing parity requirements
for interexchange services, including
those under section 251(g) and section
251(b)(3) of the Act.’’ However, the
Commission adopted a ‘‘grandfathering’’
condition allowing incumbent LEC
customers who were presubscribed to
third-party long distance services as of
the date of the 2015 USTelecom
Forbearance Order to retain certain
equal access and dialing parity service.
Thus, unless the grandfathering
condition is applicable, toll dialing
parity requirements, preserved by
section 251(g), and the long distance
(toll) dialing parity requirements of
section 251(b)(3), no longer apply to
incumbent LEC provision of
interexchange access services.
18. Since the 2015 US Telecom
Forbearance Order, only limited toll
dialing parity requirements remain.
Competitive local exchange carriers
(competitive LECs) must still abide by
the long-distance dialing parity
requirements of section 251(b)(3). The
ATIS Report on NNP suggests that
interLATA call processing
requirements, such as the interexchange
dialing parity requirements, may hinder
certain proposals for NNP. Currently, an
originating carrier determines whether
or not to hand a call to an interexchange
carrier based upon the dialed number.
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However, if numbers can be ported on
a nationwide basis, the number might
actually be in the same LATA, meaning
that transfer to an interexchange carrier
of the customer’s choosing would result
in persistently inefficient routing, with
potentially concomitant delays and
costs. Eliminating the remaining dialing
parity requirements may allow
originating carriers to avoid these
inefficiencies by increasing their
choices. For instance, a carrier being
asked by a customer to originate a call
to a non-geographic telephone number
might benefit from being able to handle
the call as it prefers, instead of abiding
by the constraints of the dialing parity
requirements.
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III. Notice of Proposed Rulemaking
19. We believe that NNP will level the
playing field for many rural and
regional carriers, who are disadvantaged
by the difficulty or outright inability of
consumers to port in to their networks.
Accordingly, we believe it is important
to begin forging the way towards NNP.
Because we understand that achieving
this goal without incurring significant
practical harms or prohibitive costs will
require extensive work, collaboration,
and support by all parties involved, we
propose taking an incremental approach
toward achieving NNP. As a first step to
accommodate the architectures of NNP
proposals and to reflect the evolving
marketplace, we propose to remove the
N–1 query requirement. Further, based
on the ATIS Report and the marketplace
findings in the 2015 USTelecom
Forbearance Order, we propose to
eliminate remaining interexchange
dialing parity requirements. Removing
these regulations will thus help ensure
an efficient network that provides
consumers maximum flexibility in their
communications choices and a
competitive landscape for small and
rural providers.
A. Proposed Elimination of the N–1
Query Requirement
20. We seek comment on whether the
N–1 query requirement impedes plans
for NNP such as the non-geographic
LNP proposal. As the ATIS Report
notes, in an NNP environment, an
originating carrier could not determine,
without performing a query, whether a
dialed number required interexchange
routing or not. This could lead to a
number of inefficiencies, such as a
scenario in which a number is ported
from a distant location to the same
LATA as an originating caller. In such
a scenario, the originating carrier,
believing the call to be long-distance,
would route the call to an interexchange
carrier, only for the interexchange
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carrier, upon conducting the query, to
have to route the ported number back to
the originating carrier’s LATA.
21. Furthermore, the motivating
concerns that caused the NANC to
recommend and the Commission to
implement the N–1 requirement no
longer seem to apply. When it was first
adopted, the N–1 requirement was
favored over requiring originating
carriers to perform the database query
because this latter solution would have
required every local carrier across the
country to adopt LNP simultaneously in
a ‘‘flash-cut’’ manner for LNP to work,
requiring more complicated
coordination of the LNP rollout.
Moreover, in an environment of many
competing interexchange carriers and
restrictions on incumbent LECs from
offering interexchange services,
interexchange carriers ‘‘wanted to
ensure that they were involved in this
important aspect of call processing.’’
Since LNP has by now been broadly and
successfully adopted nationwide, and in
light of the changed competitive
landscape, we anticipate that these
concerns are no longer relevant.
22. We therefore propose to eliminate
the N–1 query requirement, and we seek
comment on this proposal. What are the
benefits and drawbacks of removing the
requirement? Is eliminating the
requirement necessary to, or will it
facilitate, the implementation of nongeographic location routing numbers or
other NNP proposals, as suggested by
ATIS? Would removing the requirement
interfere with any aspects of the current
routing or number portability querying
system, or any other aspect of the
network? For example, by proposing to
allow carriers flexibility in conducting
NPAC queries, will there be
coordination issues among carriers or
calls that are processed without a query?
What costs, if any, would be saved if we
eliminated the N–1 query requirement?
Did the N–1 requirement lead to
network routing inefficiencies and will
its elimination correct those
inefficiencies? Alternatively, will
rescinding the requirement add to the
costs of originating carriers, terminating
carriers, or other parties, either in terms
of performing more queries, or in terms
of requiring equipment upgrades? Are
there transaction or other costs or harms
associated with transitioning away from
N–1 query? In the absence of the
requirement, would costs of the system
be allocated appropriately? Would there
be any other benefits of eliminating the
N–1 query requirement not predicated
on a move to NNP? Interested
stakeholders should address these
questions.
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23. The ATIS Report states that
eliminating the N–1 query requirement
does not require supplanting it with a
new requirement that originating
carriers query the NPAC. According to
the Report, ‘‘[a] carrier could choose to
query all calls on their originating
network and route calls to the NNP
numbers accordingly, or they could
choose to handle calls as they do today,
i.e., if a call looks like it is interLATA,
hand it off to the IXC and let the IXC
query the call.’’ As the ATIS Report
notes, it is important to ensure the call
is queried before it gets to the network
that is assigned the central office (CO)
code, but not necessarily that the N–1
methodology be used. We seek comment
on this perspective. Are there any
benefits to the Commission requiring
particular parties to perform the query,
or are existing technical and market
mechanisms (such as agreements and
signaling between providers indicating
query status) sufficient to ensure that
queries will be performed efficiently
and by the parties best placed to do so?
24. We also seek comment on whether
anticipated changes in routing and
queries might have other effects upon
the public. For instance, how would
these changes interact with public
safety, including the provision of
emergency services, such as 911 or Next
Generation 911 calls? Will eliminating
the N–1 query requirement lead to any
changes in the handling of emergency
calls, including their routing or the
provision of necessary caller
information?
B. Proposed Elimination of Remaining
Interexchange Dialing Party
Requirements
25. In the 2015 USTelecom
Forbearance Order, the Commission
forbore from the dialing parity
provisions of sections 251(b)(3) and
251(g) only insofar as they applied to
incumbent LECs in their provision of
interexchange access services. In this
section, we (1) propose to extend that
forbearance to competitive LECs, (2)
seek comment on extending forbearance
to ‘‘grandfathered’’ customers who still
maintain accounts with stand-alone
long-distance providers, and (3) propose
to eliminate the Commission’s rules that
mandate interexchange dialing parity
and other requirements associated with
it. We do not propose here to forbear
from other requirements of section 251,
such as requirements for
interconnection; resale; number
portability; access to rights of way;
reciprocal compensation; or
nondiscriminatory access to telephone
numbers, operator services, directory
assistance services, directory listings,
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with no unreasonable dialing delays.
We anticipate that these changes will
remove barriers to NNP and better
reflect the competitive realities of
today’s marketplace.
1. Proposed Forbearance From
Interexchange Dialing Parity
Requirements
26. We propose to forbear from the
dialing parity requirements of section
251(b)(3) as they apply to interexchange
services. The 2015 USTelecom
Forbearance Order removed these
constraints from incumbent LECs with
regard to interexchange access services,
and we propose to extend that same
forbearance to competitive LECs.
Section 10 of the Act states that the
Commission shall forbear from applying
any regulation or provision of the Act if
it determines that: (1) Enforcement of
such regulation or provision is not
necessary to ensure that the charges,
practices, classifications, or regulations
by, for, or in connection with that
telecommunications carrier or
telecommunications service are just and
reasonable and are not unjustly or
unreasonably discriminatory; (2)
enforcement of such regulation or
provision is not necessary for the
protection of consumers; and (3)
forbearance from applying such
provision or regulation is consistent
with the public interest. We seek
comment on whether forbearing from
the dialing parity requirements of
section 251(b)(3) as they apply to
interexchange services would meet the
criteria of section 10.
27. We believe that the remaining
interexchange dialing parity
requirements for competitive LECs are
no longer necessary in today’s alldistance market to ensure that the
charges and practices of competitive
LECs are just and reasonable and are not
unjustly or unreasonably
discriminatory, and are no longer
necessary for the protection of
consumers. We further believe that the
rationales behind the forbearance from
the interexchange dialing parity
requirements in the 2015 USTelecom
Forbearance Order apply similarly to
both incumbent and competitive LECs.
Do commenters agree? For instance, are
commenters aware of substantial
complaints stemming from our
forbearance from the interexchange
dialing parity requirements in the 2015
USTelecom Forbearance Order? As
described in the 2015 USTelecom
Forbearance Order, wireline customers
today have more choices than they did
in 1982 or 1996, including
interconnected VoIP services. Similarly,
stand-alone long-distance has not been
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critical to competition for over a decade,
with declining demand for it from both
mass-market and business customers.
Does the decrease in demand for standalone interexchange services reduce the
likelihood that LECs will have unjust or
unreasonable charges, practices, or
classifications, and does it suggest that
consumers no longer require protection
from such practices? Does the increase
in consumer choice obviate the need for
these protections?
28. We also seek comment on the
extent to which the interexchange
dialing parity provisions affect any
competitive LECs in practice. Do these
provisions have substantial effects upon
the costs, practices, and behavior of
LECs currently? Are there any effects
upon competitive LECs that
significantly affect the market for local
service as a whole? For example, given
that competitive LECs serve a relatively
small percentage of residential wireline
voice accounts, do these provisions help
a significant number of consumers or
competitors?
29. Forbearance from the
interexchange dialing parity
requirements would also appear to be in
the public interest. ATIS notes that an
NNP regime, with all of the benefits to
competition and consumers that come
with it, would be facilitated by the
elimination of interLATA call
processing requirements. The ATIS
Report notes that carriers’ ability to
efficiently route calls to non-geographic
LRNs could be hindered by the need to
refer calls that look like interexchange
calls to a third-party carrier, when the
call would more efficiently have been
routed to a non-geographic transport
provider or a non-geographic gateway. It
is our understanding that forbearing
from interexchange dialing parity would
enable originating carriers to better
choose how to route their calls,
preventing inefficient network routing
that might otherwise result from various
NNP proposals. Do commenters agree?
Can customers’ pre-subscribed
interexchange carrier choices
accommodate the proposed changes
without a loss of efficiency or undue
cost? Are there other effects upon the
public interest that might result from
our proposed forbearance from the
interexchange dialing parity
requirements for competitive LECs? For
instance, will there be any effects upon
911, Next Generation 911, or other
aspects of emergency calling?
30. Furthermore, section 10(b)
requires that the Commission account
for the effects of forbearance on
ensuring a competitive marketplace in
making its public interest
determination. Since the
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implementation of the 2015 USTelecom
Forbearance Order, incumbent LECs
have not had to comply with the
interexchange dialing parity
requirements of sections 251(b)(3) and
251(g). Will extending forbearance from
those requirements to competitive LECs
therefore ensure a level playing field
between incumbent and competitive
LECs? Will forbearance from these
requirements help ensure a level and
competitive playing field for small,
rural, and regional carriers with respect
to number portability? Will granting
LECs more flexibility in choosing how
calls are routed improve their
competitive ability and offer consumers
access to greater number portability?
How else will the competitive landscape
be affected by this proposed
forbearance?
31. Given the decreased need for these
mandates, combined with the likelihood
that they will impede the
implementation of NNP, we propose to
use our forbearance authority to
eliminate remaining interexchange
dialing parity requirements, which
apply to competitive LECs. We seek
comment on this proposal. What costs,
if any, do competitive LECs currently
bear due to these requirements? Are
other providers of local voice service,
such as interconnected VoIP providers,
affected by the application of these
provisions, either to themselves or to
competitors? Do other stakeholders
benefit from relieving competitive LECs
of these requirements, or are there other
costs? Are there stakeholders whose
`
position vis-a-vis competitive LECs
today is significantly different from
`
their position vis-a-vis incumbent LECs
at the time of the 2015 USTelecom
Forbearance Order? Are there other
aspects of section 251(b)(3), including
nondiscriminatory access to telephone
numbers, operator services, directory
assistance, and directory listing, that are
relevant to stakeholders today? We do
not here propose to forbear from
requirements for interconnection, resale,
number portability, access to rights of
way, or reciprocal compensation. Would
any of these existing requirements be
affected by our proposed forbearance?
Would forbearance from any of these
provisions assist in or hinder the
implementation of NNP?
32. In the 2015 USTelecom
Forbearance Order, we forbore from the
all remaining equal access requirements,
including dialing parity, preserved in
section 251(g), with the exception of the
grandfathering condition. We do not
believe the dialing parity requirements
preserved in section 251(g) apply to
competitive LECs. We seek comment on
whether there are any dialing parity
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requirements (applied via section
251(g)) from which we must forbear. If
there are any remaining dialing parity
requirements, we propose to forbear
from those requirements and seek
comment on such forbearance.
2. Seeking Comment on Extending
Forbearance From Interexchange Dialing
Parity Rules to Customers With PreExisting Stand-Alone Long-Distance
Carriers
33. We also seek comment on the
continuing need to preserve the choices
of existing customers who are
presubscribed to stand-alone longdistance services, whose choices were
grandfathered in the 2015 USTelecom
Forbearance Order. Will LECs serving
these customers be hindered from
implementing NNP if these
grandfathered customers continue to fall
outside of the scope of forbearance?
What costs would LECs or other carriers
face in implementing NNP with or
without the preservation of these
choices? How many people still
purchase long-distance calling from
stand-alone long-distance carriers? Will
these subscribers face any additional
costs, burdens, or harms if we forbear
from interexchange dialing parity rules?
We seek estimates that quantify the cost
of adjustment that such subscribers
might face. Do interexchange carriers
place material competitive pressure on
LECs, and if so, what consumer benefit
would be lost if we forbear as discussed
herein? Are there additional benefits to
retaining current grandfathered
subscribers? In the 2015 USTelecom
Forbearance Order, we found that a
significant number of retail customers
still presubscribed to a stand-alone longdistance carrier, and that the public
interest and protection of consumers
required limiting the forbearance of
equal access and dialing parity rules for
these customers. We seek comment on
whether or not extending this
forbearance would meet the criteria of
section 10.
34. We seek comment on whether the
rationales for the grandfathering in the
2015 USTelecom Forbearance Order
still apply. Have conditions
significantly changed since 2015? We
seek comment on the present number of
retail customers in the United States
who presubscribe to stand-alone longdistance carriers. Would extending
forbearance to these customers affect the
costs they bear, considering the
competition for all-distance packages?
Are there any harms to customers
affected by the 2015 USTelecom
Forbearance Order that suggest that we
should retain the forbearance for
grandfathered customers? Are the
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number of such customers, and benefit
they receive from use of stand-alone
long-distance carriers, significant
enough to justify maintaining this
grandfathered status when weighed
against the burdens and costs it imposes
on LECs? Would eliminating the
grandfathering and extending this
forbearance to them meet the criteria of
section 10?
3. Proposing Elimination of Toll Dialing
Parity Rules
35. Because we propose to forbear
from the long-distance dialing parity
provisions of section 251(b)(3), for both
incumbent and competitive LECs, we
propose to eliminate the rules
implementing those requirements. We
believe that sections 51.209 (‘‘Toll
dialing parity’’), 51.213 (‘‘Toll dialing
parity implementation plans’’), and
51.215 (‘‘Dialing parity; Cost recovery’’
for toll dialing parity), serve only to
implement the provisions of section
251(b)(3) relating to toll dialing parity,
and thus should be eliminated if our
proposed forbearances are to be effective
in facilitating the development of NNP.
We also propose modifying section
51.205 (‘‘Dialing parity: General’’) to
omit references to toll dialing parity. We
seek comment on this proposal. Do
these rule provisions serve any purpose
or implement any other portions of the
Act other than section 251(b)(3)? Are
there any other rules whose only
purpose is to implement toll dialing
parity requirements? Are there any
interests beyond those articulated in the
Act’s dialing parity provisions that
require these rules? How are these
considerations affected by the retention
or elimination of grandfathered
customer relationships with
presubscribed interexchange carriers?
Will the elimination of these rules have
any effect upon slamming? For example,
can elimination of these rules reduce
the mechanisms by which unscrupulous
entities slam consumers? Conversely,
are there useful consumer protections
against slamming in these rules that are
not effectively implemented elsewhere?
36. We seek comment on whether
there are other rules that should be
rescinded or modified to promote NNP.
Should we consider forbearing from any
other statutory provisions to allow the
benefits of NNP to competition and
consumers? We also seek comment on
the interplay of the proposed
forbearance and rule changes discussed
in the NPRM with the technical
solutions discussed below in the NOI.
Specifically, to make NNP workable,
should any forbearance and rule
changes happen first, in advance of
implementing any technical solutions,
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or should the Commission defer until
any technical solutions are in place?
IV. Notice of Inquiry
37. While we believe it is important
to move toward NNP, and invite
comment above on steps that would lay
the groundwork for doing so, we also
seek input on how best to implement
NNP, as well as its potential impacts on
consumers and carriers. We therefore
seek comment in this NOI on a variety
of issues related to the deployment of
NNP. We also note that while the focus
of this NOI is to seek perspectives on
the most feasible way to implement
NNP, the goals of this proceeding could
also be facilitated by larger changes to
the current system of numbering
administration. To that end, we also
seek comment on how number
administration might be improved to
realize more efficient technical,
operational, administrative, and legal
processes.
A. Scope of Inquiry
38. The ATIS Report and the NANC
Report focus on NNP across wireline
and wireless telecommunications
services. Early efforts on this issue,
however, focused merely on ensuring
that wireless customers can retain their
numbers when porting to other wireless
carriers that lack a nationwide service
area. We believe broader, intermodal
NNP efforts will benefit consumers and
competition, as well as potentially allow
for useful reforms of the numbering
system, and we explore means of
achieving this goal below.
39. While our goal is to ensure broad,
intermodal NNP, are there any benefits
to a gradual implementation of NNP? Is
such a partial deployment technically
feasible? For instance, would it be
possible for NNP to first be
implemented for a particular subset of
entities using numbering resources
(such as wireless providers) before
applying it to all entities? What
advantages and disadvantages are there
to a partial implementation of NNP?
B. NNP Alternatives Identified in the
ATIS Report
40. We seek comment on four of the
specific models of NNP outlined by
ATIS in its report: (1) Nationwide
implementation of LRNs; (2) nonGeographic LRNs (NGLRNs); (3)
commercial agreements; and (4)
iconectiv’s GR–2982–CORE
specification. Are any of the models
preferable to others in terms of
feasibility, cost, and adaptability to
changing markets and technologies?
Have ATIS and the NANC adequately
considered the potential costs, benefits,
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and barriers to implementation of each
of these proposals? More generally, we
seek evidence quantifying the benefit
consumers would gain from being able
to keep their number whenever they
move outside a rate center and,
alternatively, whether NNP would
impose costs that outweigh those
benefits as phone numbers increasingly
become less informative about the
dialed party’s location. We also
anticipate that NNP will have beneficial
competitive effects, by allowing small,
rural, and regional carriers to compete
more effectively with larger, nationwide
providers. We seek comment on this
perspective. We also seek comment on
other effects that these NNP proposals
might have upon small carriers,
including precisely what costs they
might impose upon them, and how. We
also seek comment on the impacts these
various alternatives pose to routing calls
to ported telephone numbers. To the
extent that commenters believe that
other NNP proposals, in addition to
those outlined below, are promising
solutions for NNP, we seek comment on
those proposals and their potential
implications.
41. National LRN. One conceptually
simple way of implementing NNP
would be to allow a ported number to
be associated with any LRN. Instead of
limiting the geographic area within
which the number can be ported, the
system could associate it with an LRN
associated with any location in the
country. Although this approach allows
many existing systems and processes to
be used, it also requires changes to
NPAC rules, may complicate other
routing and critical processes, and may
require many carriers to upgrade or
replace existing equipment. The NGNP
subcommittee found that such an
approach would require the NPAC to
relax existing LRN changes to allow any
LRN to be added to any NPAC region
(there are eight NPAC regions—one in
Canada and seven in the United States).
In addition, it might require carriers to
accept downloads from all NPAC
regions, or keep port records in the
region that is servicing the ported
telephone number.
42. National LRN may require
carriers’ existing switches to handle
more numbering plan areas, since a
given switch may have to accommodate
telephone numbers being ported in from
a wider range of original areas. National
LRN likely also requires changes to
number portability rules. We have
proposed eliminating the N–1 query
requirement and remaining
interexchange dialing parity
requirements in the NPRM above. Are
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additional changes necessary? We seek
comment on these issues.
43. The national LRN proposal also
implicates several non-routing issues.
Industry processes, including the
handling of call detail records,
subscriber billing, and caller ID, will be
impacted. We also anticipate that tariffs,
toll free database processing, enhanced
911 processes, and other systems that
rely upon the relationship between a
telephone number and its rate center/
LATA will likely be affected. What
systems will be affected, and to what
extent? We seek comment from
providers, end users, and other
stakeholders on what dependencies
exist that would require changes, as
well as how changes brought about by
national LRN can improve existing
systems.
44. The ATIS Report anticipates that
a porting-in service provider may not
have a presence in the ported-out area.
While such situations currently exist
and are generally handled by
agreements between providers, many
more such situations are likely to arise
in a national LRN environment. What
effects will this increase in demand
have?
45. Local systems, including Local
Service Management Systems (LSMS)
and Service Order Administration
(SOA), will also be affected by a
national LRN system. Current systems
may rely in part upon an assumed
structure whereby numbers are only
ported within LATAs or NPAC regions;
an LRN can only be associated with a
single NPAC region; or a ported
telephone number record can only exist
in one NPAC region. We seek comment
on what dependencies exist based on
these assumptions, and how they might
be resolved.
46. What is necessary to ensure that
a national LRN system is compatible
with the variation in dialing plans
across the country? Different customers
have different requirements when
dialing—some need only dial seven
digits of a local number; others must
dial ten digits, others must dial 1 and
ten digits. Is nationwide consistency
required for national LRN
compatibility?
47. What effects will a national LRN
system have on state regulators and
systems? Porting numbers across state
lines raises questions of existing state
regulatory authority, and policy,
including numbering resource
management. For example, would NNP
affect state regulatory commission
processes for reviewing tariffs, handling
customer complaints, and ensuring
public safety? Provider responsibilities,
obligations, and liabilities may also be
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implicated with interstate porting. We
seek comment on what issues may arise
and how they may be resolved. Can
existing systems and agreements in
bordering states serve as models for
interstate cooperation?
48. How will consumer experiences
be affected by a national LRN system?
Would calls to numbers ported outside
of a specific rate center have completion
issues? Consumers would also need to
be informed about any effects upon rates
and billing, if they subscribe to a
geographically-based rate plan keyed to
their rate center or LATA. How might
this be done? Some consumers use
software that blocks calls which incur
tolls, based upon the number’s NPA–
NXX. How will such programs be
affected, and how can they be adapted,
if necessary, to accommodate a national
LRN system? What effects will there be
on caller ID?
49. Certain services are set up with
restrictions on toll free calling based on
the calling party’s location. A customer
who ports his number to a new location
might therefore have problems calling
the same toll-free number. We seek
comment on the effects on toll free
calling and potential implications of
national LRN.
50. Non-Geographic LRN (NGLRN).
Another mechanism to allow NNP is to
designate a new area code unaffiliated
with any particular location. This nongeographic area code would be the area
code for NGLRNs. Under an NGLRN
system, ported numbers are associated
with an NGLRN, instead of an LRN
associated with the new location. When
a service provider queries the NPAC and
receives an NGLRN, the call is then
routed to a non-geographic gateway
(NGGW) that resides on an IP network
and routes the call appropriately. This
system can also support the creation of
non-geographic telephone numbers. An
NGLRN solution would support both
wireline and wireless NNP. It also
allows many existing processes to
continue working, but as noted by ATIS
and the NGNP subcommittee, it requires
the creation and setup of the nongeographic area code, NGLRNS,
NGGWs, and likely changes to certain
regulations, including the N–1 query
requirement.
51. The ATIS Report anticipates that
aspects of interLATA call processing
requirements, such as the dialing parity
provisions, may interfere with an
NGLRN system. Likewise, the ATIS
Report suggests that the N–1 query
requirement could create problems. Are
these concerns adequately dealt with by
our proposed forbearance from these
rules as discussed above?
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52. To route calls to non-geographic
telephone numbers, carriers will need to
access relevant routing information and
route to NGGWs. Carriers that cannot
route to NGGWs will need to route calls
to a carrier that can, possibly requiring
agreements with non-geographic
transport providers. What policies are
necessary to ensure continued and
reliable call routing in an NGLRN
system? What criteria should be
required for NGGWs? The ATIS Report
recommends that an industry-led body
create a certification process. What
bodies are best placed to conduct such
certification, and what oversight should
they have to ensure effectiveness,
efficiency, transparency, and
competition? We also seek comment on
criteria for NGGWs, such as
interconnection requirements. The ATIS
Report recommends that carriers not be
required to provide NGGW service or
NNP service and that the only
requirement be that carriers have the
ability to route calls to NGLRNs.
Furthermore, ATIS suggests that carriers
that do choose to provide NGGW do so
‘‘for their own customers only.’’ We
seek comment on this recommendation.
Relatedly, the NGLRN system is
designed such that carriers are not
required to implement NNP. What
would be an appropriate timeline for
NNP adoption, if any?
53. What characteristics should any
non-geographic area code have? Should
it be easily recognizable? Should
various non-geographic area codes
resemble each other for ease of
recognition? How should the system
address integration with other NANP
countries? What impact would
assignment and use of a non-geographic
area code or codes within the NANP
have on number exhaust in the United
States and other NANP countries? We
also seek comment on whether a single
non-geographic area code will scale for
the total set of NGLRNs. Will a single
non-geographic area code be sufficient
for the future?
54. The ATIS Report also raises
several specific questions with regard to
administration of non-geographic
resources with an NGLRN system. The
ATIS Report notes that certain current
systems can be simplified with the
adoption of non-geographic codes, such
as combining the processes of number
allocation and porting, or allowing
distributed registries to handle
processes currently managed by a single
authoritative registry. We seek comment
on the potential for such reforms, and
their integration with existing systems
and authorities.
55. With an NGLRN system, a call to
911 does not indicate its location by
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virtue of the calling telephone number,
but rather from databases such as the
Master Service Address Guide (MSAG)
or the emergency service number that
has been assigned to the cell site. Will
systems that depend on pseudoAutomatic Number Identification (pANI), in use for wireless and VoIP calls,
be appropriate for other non-geographic
calls?
56. Commercial Agreements. One
proposed solution for wireless carriers
uses a third party entity that would
install points of interconnection in
various LATAs, using its own network
as a way to route interLATA calls to
ported numbers. This proposal requires
significant evaluation of LRN
assignments in addition to the nature,
categorization, and operation of the
third party. The NGNP subcommittee
found that the commercial agreement
solution was the only one that could be
supported without significant changes
or impacts to NPAC or service provider
systems.
57. In a commercial agreement
solution, what entities would act as the
third-party network, and what abilities
and obligations would they need to have
for effective and competitive operation?
What would such a system require with
respect to LRN assignments? Would
such a proposal provide a pathway for
wireline and intermodal NNP?
58. GR–2982–CORE. iconectiv’s GR–
2982–CORE specification details
another NNP system called Portability
Outside the Rate Center (PORC). PORC
calls for dividing the country into small,
non-overlapping geographic blocks
called Geographic Unit Building Blocks
(GUBBs). Each GUBB is represented by
a telephone number-like identifier, and
acts as the vehicle for the recipient
switch to identify the geographic
location of the end user receiving the
call. A call to a ported telephone
number will be routed using an LRN, as
it is today, with the difference that the
GUBB is used for carrier selection and
rating purposes. This includes changes
in how the caller is billed, and may
include the need to alter porting data
and NPAC policies and procedures. GR–
2982–CORE also recognizes that
participating carriers must have
compatible switches, depending upon
their role in the call flow. The NGNP
subcommittee found that this proposal
might require the NPAC to relax LRN
changes, and may impact porting data if
systems need to transmit additional
routing data about the newly-created
geographic building blocks of the
system. The NGNP subcommittee also
reports that changes to the porting
records would impact all switches and
number portability databases and many
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service order administrations and local
service management systems across the
industry.
59. Do commenters agree with the
NGNP subcommittee’s assessments? Are
there other issues or factors we should
take into consideration in exploring the
various approaches? How should the
subcommittee’s assessments affect any
future action on these solutions?
60. The ATIS Report suggests that this
solution may require the NPAC to relax
existing LRN changes; that porting data
may need to change to include GUBB
information; and that these changes may
impact all switches and number
portability databases, as well as many
SOAs and LSMS systems. What do these
effects suggest for the viability of this
solution currently? What is the likely
timing for this option?
C. Necessary Changes and Challenges to
Achieving NNP
61. Apart from the implications raised
by each specific proposal outlined by
ATIS and the NANC, most, if not all,
NNP proposals will have consequences
for a variety of other aspects of the
network. We seek comment on these
implications in the specific areas below.
62. Routing and Interconnection. Are
there NNP solutions that can improve
the efficiency of existing routing
systems? Conversely, are there NNP
proposals that burden or render
inefficient particular systems or
industry databases? Can such systems
and databases be modified, improved, or
obviated with NNP solutions?
63. Public Safety. We seek comment
on the effects that NNP might have upon
public safety, including users’ ability to
use 911 in the knowledge that their calls
will be routed appropriately, and that
Public Safety Answering Points (PSAP)
will receive accurate callback and
location information. Can an NNP
system provide this information? To the
extent that existing systems lack the
ability to provide this information in
various NNP scenarios, are there
modifications, adaptations, or
workarounds that can supply it?
64. For instance, how can proposed
NNP solutions work with legacy
systems that rely upon ANI to report the
location of users calling 911? Are
enhanced or next generation 911
services affected by the proposals? The
ATIS Report details several number
portability issues affecting emergency
calls, and we seek comment on their
resolution.
65. The ATIS Report similarly notes
potential effects of NNP proposals on
the use of national security and
emergency preparedness systems like
Emergency Telecommunications Service
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(ETS), including the Government
Emergency Telecommunication Service
(GETS) and the Priority Access Service
(PAS), which provide priority calling for
emergency telecommunications. What
are the effects of the various proposals
on the ability of ETS calls to be
prioritized? Are there beneficial or
deleterious effects on the network
capacity, routing, or signaling of ETS?
66. Access by Individuals with
Disabilities. We seek comment on how
NNP implementations might affect
access to communications services by
individuals with disabilities. Can
increased intermodal and geographic
porting provide increased access to
communications networks by
individuals using assistive
technologies? The Commission has
permitted video relay service (VRS) and
IP Relay users to register and obtain 10digit geographic numbers, allowing
users to be reached through a single
number that will automatically connect
to the registered user’s primary VRS or
IP Relay provider and allow the
provider to determine the user’s IP
address for the purpose of delivering
incoming calls made to that number.
The Commission also adopted
requirements allowing VRS and IP Relay
users to have both their 10-digit number
and registered location information
forwarded to the appropriate PSAP. We
seek comment on how any NNP
implementations might benefit these
services, equivalent services, or any
other services that serve individuals
with hearing and speech disabilities.
Can widespread NNP adoption promote
technologies and systems that allow for
more efficient or user-friendly ways to
achieve these, or better, effects? What
steps would be necessary to ensure that
access to communications services for
Americans with disabilities continues to
be robust and secure in an NNP
scenario, such as if numbers are
assigned without regard to geography?
67. Tariffs and Intercarrier
Compensation. We also seek comment
on the various ways that NNP could
affect carriers’ pricing issues. How will
proposed NNP implementations affect
existing carrier tariffs? What are the
ways in which various NNP proposals
may alter the existing system of
intercarrier compensation? Are there
systems that can support or encourage a
bill-and-keep system? What costs and
benefits would such systems generate?
D. Number Administration
68. We also seek comment on how
changes to our current methods of
numbering plan, number pooling, and
number portability administration might
facilitate NNP, or how NNP might affect
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these existing systems. If we
significantly simplify the assignment
and porting of numbers, would these
changes require modifications to the
current systems? Would it be possible,
and beneficial, to allow multiple entities
to provide competitive numbering
administration services? Are there other
systems of addressing what can serve as
models for an evolving and increasingly
IP-based network?
V. Legal Authority
69. As noted above, section 251(e)(1)
of the Act gives the Commission
‘‘exclusive jurisdiction over those
portions of the North American
Numbering Plan that pertain to the
United States’’ and provides that
numbers must be made ‘‘available on an
equitable basis.’’ The Commission
retains ‘‘authority to set policy with
respect to all facets of numbering
administration in the United States.’’
The Commission has promulgated local
number portability rules to satisfy these
congressional mandates, and the
proposed actions in this NPRM are
intended to further and better satisfy
these mandates. We seek comment on
this assessment.
70. Moreover, section 10 of the Act
states that the Commission shall forbear
from applying any regulation or
provision of the Act if it determines
that: (1) Enforcement of such regulation
or provision is not necessary to ensure
that the charges, practices,
classifications, or regulations by, for, or
in connection with that
telecommunications carrier or
telecommunications service are just and
reasonable and are not unjustly or
unreasonably discriminatory; (2)
enforcement of such regulation or
provision is not necessary for the
protection of consumers; and (3)
forbearance from applying such
provision or regulation is consistent
with the public interest. We believe that
our proposals discussed here satisfy
these criteria as the remaining
interexchange dialing parity
requirements for competitive LECs are
no longer necessary in today’s all
distance market to ensure that the
charges and practices of competitive
LECs are just and reasonable and are not
unjustly or unreasonably
discriminatory, and are no longer
necessary for the protection of
consumers. We seek comment on our
forbearance analysis, as well as any
other issues pertinent to our legal
authority to facilitate NNP.
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VI. Initial Regulatory Flexibility
Analysis
71. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this Initial Regulatory Flexibility
Analysis (IRFA) of the possible
significant economic impact on small
entities by the policies and rules
proposed in this Notice of Proposed
Rulemaking (NPRM). The Commission
requests written public comments on
this IRFA. Comments must be identified
as responses to the IRFA and must be
filed by the deadlines for comments
provided on the first page of the NPRM.
The Commission will send a copy of the
NPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA). In
addition, the NPRM and IRFA (or
summaries thereof) will be published in
the Federal Register.
A. Need for, and Objectives of, the
Proposed Rules
72. In this NPRM, we propose changes
to, and seek comment on, our rules on
Local Number Portability
Administration, and Nationwide
Number Portability (NNP). In the
NPRM, the Commission proposes to
rescind the N–1 query requirement.
Further, based on the ATIS Report and
the marketplace findings in the 2015
USTelecom Forbearance Order, we
propose to eliminate remaining
interexchange dialing parity
requirements. The objectives of the
proposed modifications are to remove
impediments to NNP.
B. Legal Basis
73. The legal basis for any action that
may be taken pursuant to this NPRM is
contained in sections 1, 4(i), 10, 201(b),
and 251(e)(1) of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154(i), 160, 201(b), and 251(e)(1).
C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
74. The RFA directs agencies to
provide a description of, and where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules and by the rule
revisions on which the NPRM seeks
comment, if adopted. The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small-business concern’’ under the
Small Business Act. A ‘‘small-business
concern’’ is one which: (1) Is
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independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.
75. Small Businesses, Small
Organizations, Small Governmental
Jurisdictions. Our actions, over time,
may affect small entities that are not
easily categorized at present. We
therefore describe here, at the outset,
three comprehensive small entity size
standards that could be directly affected
herein. First, while there are industry
specific size standards for small
businesses that are used in the
regulatory flexibility analysis, according
to data from the SBA’s Office of
Advocacy, in general a small business is
an independent business having fewer
than 500 employees. These types of
small businesses represent 99.9% of all
businesses in the United States which
translates to 28.8 million businesses.
Next, the type of small entity described
as a ‘‘small organization’’ is generally
‘‘any not-for-profit enterprise which is
independently owned and operated and
is not dominant in its field.’’
Nationwide, as of 2007, there were
approximately 1,621,215 small
organizations. Finally, the small entity
described as a ‘‘small governmental
jurisdiction’’ is defined generally as
‘‘governments of cities, towns,
townships, villages, school districts, or
special districts, with a population of
less than fifty thousand.’’ U.S. Census
Bureau data published in 2012 indicate
that there were 89,476 local
governmental jurisdictions in the
United States. We estimate that, of this
total, as many as 88,761 entities may
qualify as ‘‘small governmental
jurisdictions.’’ Thus, we estimate that
most governmental jurisdictions are
small.
76. Wired Telecommunications
Carriers. The U.S. Census Bureau
defines this industry as ‘‘establishments
primarily engaged in operating and/or
providing access to transmission
facilities and infrastructure that they
own and/or lease for the transmission of
voice, data, text, sound, and video using
wired communications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies. Establishments in this
industry use the wired
telecommunications network facilities
that they operate to provide a variety of
services, such as wired telephony
services, including VoIP services, wired
(cable) audio and video programming
distribution, and wired broadband
internet services. By exception,
establishments providing satellite
television distribution services using
facilities and infrastructure that they
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operate are included in this industry.’’
The SBA has developed a small
business size standard for Wired
Telecommunications Carriers, which
consists of all such companies having
1,500 or fewer employees. Census data
for 2012 show that there were 3,117
firms that operated that year. Of this
total, 3,083 operated with fewer than
1,000 employees. Thus, under this size
standard, the majority of firms in this
industry can be considered small.
77. Local Exchange Carriers (LECs).
Neither the Commission nor the SBA
has developed a size standard for small
businesses specifically applicable to
local exchange services. The closest
applicable NAICS Code category is
Wired Telecommunications Carriers as
defined above. Under the applicable
SBA size standard, such a business is
small if it has 1,500 or fewer employees.
According to Commission data, census
data for 2012 shows that there were
3,117 firms that operated that year. Of
this total, 3,083 operated with fewer
than 1,000 employees. The Commission
therefore estimates that most providers
of local exchange carrier service are
small entities that may be affected by
the rules adopted.
78. Incumbent LECs. Neither the
Commission nor the SBA has developed
a small business size standard
specifically for incumbent local
exchange services. The closest
applicable NAICS Code category is
Wired Telecommunications Carriers as
defined above. Under that size standard,
such a business is small if it has 1,500
or fewer employees. According to
Commission data, 3,117 firms operated
in that year. Of this total, 3,083 operated
with fewer than 1,000 employees.
Consequently, the Commission
estimates that most providers of
incumbent local exchange service are
small businesses that may be affected by
the rules and policies adopted. Three
hundred and seven (307) Incumbent
Local Exchange Carriers reported that
they were incumbent local exchange
service providers. Of this total, an
estimated 1,006 have 1,500 or fewer
employees.
79. Competitive Local Exchange
Carriers (Competitive LECs),
Competitive Access Providers (CAPs),
Shared-Tenant Service Providers, and
Other Local Service Providers. Neither
the Commission nor the SBA has
developed a small business size
standard specifically for these service
providers. The appropriate NAICS Code
category is Wired Telecommunications
Carriers, as defined above. Under that
size standard, such a business is small
if it has 1,500 or fewer employees. U.S.
Census data for 2012 indicate that 3,117
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firms operated during that year. Of that
number, 3,083 operated with fewer than
1,000 employees. Based on this data, the
Commission concludes that the majority
of Competitive LECS, CAPs, SharedTenant Service Providers, and Other
Local Service Providers, are small
entities. According to Commission data,
1,442 carriers reported that they were
engaged in the provision of either
competitive local exchange services or
competitive access provider services. Of
these 1,442 carriers, an estimated 1,256
have 1,500 or fewer employees. In
addition, 17 carriers have reported that
they are Shared-Tenant Service
Providers, and all 17 are estimated to
have 1,500 or fewer employees. Also, 72
carriers have reported that they are
Other Local Service Providers. Of this
total, 70 have 1,500 or fewer employees.
Consequently, based on internally
researched FCC data, the Commission
estimates that most providers of
competitive local exchange service,
competitive access providers, SharedTenant Service Providers, and Other
Local Service Providers are small
entities.
80. We have included small
incumbent LECs in this present RFA
analysis. As noted above, a ‘‘small
business’’ under the RFA is one that,
inter alia, meets the pertinent small
business size standard (e.g., a telephone
communications business having 1,500
or fewer employees), and ‘‘is not
dominant in its field of operation.’’ The
SBA’s Office of Advocacy contends that,
for RFA purposes, small incumbent
LECs are not dominant in their field of
operation because any such dominance
is not ‘‘national’’ in scope. We have
therefore included small incumbent
LECs in this RFA analysis, although we
emphasize that this RFA action has no
effect on Commission analyses and
determinations in other, non-RFA
contexts.
81. Interexchange Carriers (IXCs).
Neither the Commission nor the SBA
has developed a definition for
Interexchange Carriers. The closest
NAICS Code category is Wired
Telecommunications Carriers as defined
above. The applicable size standard
under SBA rules is that such a business
is small if it has 1,500 or fewer
employees. U.S. Census data for 2012
indicates that 3,117 firms operated
during that year. Of that number, 3,083
operated with fewer than 1,000
employees. According to internally
developed Commission data, 359
companies reported that their primary
telecommunications service activity was
the provision of interexchange services.
Of this total, an estimated 317 have
1,500 or fewer employees.
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Consequently, the Commission
estimates that the majority of IXCs are
small entities that may be affected by
our proposed rules.
82. Local Resellers. The SBA has
developed a small business size
standard for the category of
Telecommunications Resellers. The
Telecommunications Resellers industry
comprises establishments engaged in
purchasing access and network capacity
from owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
satellite) to businesses and households.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. Mobile virtual network
operators (MVNOs) are included in this
industry. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. Census data for 2012
show that 1,341 firms provided resale
services during that year. Of that
number, all operated with fewer than
1,000 employees. Thus, under this
category and the associated small
business size standard, the majority of
these prepaid calling card providers can
be considered small entities.
83. Toll Resellers. The Commission
has not developed a definition for Toll
Resellers. The closest NAICS Code
Category is Telecommunications
Resellers. The Telecommunications
Resellers industry comprises
establishments engaged in purchasing
access and network capacity from
owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
satellite) to businesses and households.
Establishments in this industry resell
telecommunications; they do not
operate transmission facilities and
infrastructure. Mobile virtual network
operators (MVNOs) are included in this
industry. The SBA has developed a
small business size standard for the
category of Telecommunications
Resellers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. Census data for 2012
show that 1,341 firms provided resale
services during that year. Of that
number, 1,341 operated with fewer than
1,000 employees. Thus, under this
category and the associated small
business size standard, the majority of
these resellers can be considered small
entities. According to Commission data,
881 carriers have reported that they are
engaged in the provision of toll resale
services. Of this total, an estimated 857
have 1,500 or fewer employees.
Consequently, the Commission
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estimates that the majority of toll
resellers are small entities.
84. Other Toll Carriers. Neither the
Commission nor the SBA has developed
a definition for small businesses
specifically applicable to Other Toll
Carriers. This category includes toll
carriers that do not fall within the
categories of interexchange carriers,
operator service providers, prepaid
calling card providers, satellite service
carriers, or toll resellers. The closest
applicable NAICS Code category is for
Wired Telecommunications Carriers as
defined above. Under the applicable
SBA size standard, such a business is
small if it has 1,500 or fewer employees.
Census data for 2012 shows that there
were 3,117 firms that operated that year.
Of this total, 3,083 operated with fewer
than 1,000 employees. Thus, under this
category and the associated small
business size standard, the majority of
Other Toll Carriers can be considered
small. According to internally
developed Commission data, 284
companies reported that their primary
telecommunications service activity was
the provision of other toll carriage. Of
these, an estimated 279 have 1,500 or
fewer employees. Consequently, the
Commission estimates that most Other
Toll Carriers are small entities that may
be affected by rules adopted pursuant to
the Second Further Notice.
85. Prepaid Calling Card Providers.
The SBA has developed a definition for
small businesses within the category of
Telecommunications Resellers. Under
that SBA definition, such a business is
small if it has 1,500 or fewer employees.
According to the Commission’s Form
499 Filer Database, 500 companies
reported that they were engaged in the
provision of prepaid calling cards. The
Commission does not have data
regarding how many of these 500
companies have 1,500 or fewer
employees. Consequently, the
Commission estimates that there are 500
or fewer prepaid calling card providers
that may be affected by the rules.
86. Wireless Telecommunications
Carriers (except Satellite). This industry
comprises establishments engaged in
operating and maintaining switching
and transmission facilities to provide
communications via the airwaves.
Establishments in this industry have
spectrum licenses and provide services
using that spectrum, such as cellular
services, paging services, wireless
internet access, and wireless video
services. The appropriate size standard
under SBA rules is that such a business
is small if it has 1,500 or fewer
employees. For this industry, U.S.
Census data for 2012 show that there
were 967 firms that operated for the
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entire year. Of this total, 955 firms had
employment of 999 or fewer employees
and 12 had employment of 1000
employees or more. Thus under this
category and the associated size
standard, the Commission estimates that
the majority of wireless
telecommunications carriers (except
satellite) are small entities.
87. The Commission’s own data—
available in its Universal Licensing
System—indicate that, as of October 25,
2016, there are 280 Cellular licensees
that will be affected by our actions
today. The Commission does not know
how many of these licensees are small,
as the Commission does not collect that
information for these types of entities.
Similarly, according to internally
developed Commission data, 413
carriers reported that they were engaged
in the provision of wireless telephony,
including cellular service, Personal
Communications Service, and
Specialized Mobile Radio Telephony
services. Of this total, an estimated 261
have 1,500 or fewer employees, and 152
have more than 1,500 employees. Thus,
using available data, we estimate that
the majority of wireless firms can be
considered small.
88. Wireless Communications
Services. This service can be used for
fixed, mobile, radiolocation, and digital
audio broadcasting satellite uses. The
Commission defined ‘‘small business’’
for the wireless communications
services (WCS) auction as an entity with
average gross revenues of $40 million
for each of the three preceding years,
and a ‘‘very small business’’ as an entity
with average gross revenues of $15
million for each of the three preceding
years. The SBA has approved these
definitions.
89. Wireless Telephony. Wireless
telephony includes cellular, personal
communications services, and
specialized mobile radio telephony
carriers. As noted, the SBA has
developed a small business size
standard for Wireless
Telecommunications Carriers (except
Satellite). Under the SBA small business
size standard, a business is small if it
has 1,500 or fewer employees.
According to Commission data, 413
carriers reported that they were engaged
in wireless telephony. Of these, an
estimated 261 have 1,500 or fewer
employees and 152 have more than
1,500 employees. Therefore, a little less
than one third of these entities can be
considered small.
90. Cable and Other Subscription
Programming. This industry comprises
establishments primarily engaged in
operating studios and facilities for the
broadcasting of programs on a
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subscription or fee basis. The broadcast
programming is typically narrowcast in
nature (e.g., limited format, such as
news, sports, education, or youthoriented). These establishments produce
programming in their own facilities or
acquire programming from external
sources. The programming material is
usually delivered to a third party, such
as cable systems or direct-to-home
satellite systems, for transmission to
viewers. The SBA has established a size
standard for this industry stating that a
business in this industry is small if it
has 1,500 or fewer employees. The 2012
Economic Census indicates that 367
firms were operational for that entire
year. Of this total, 357 operated with
less than 1,000 employees. Accordingly
we conclude that a substantial majority
of firms in this industry are small under
the applicable SBA size standard.
91. Cable Companies and Systems
(Rate Regulation). The Commission has
developed its own small business size
standards for the purpose of cable rate
regulation. Under the Commission’s
rules, a ‘‘small cable company’’ is one
serving 400,000 or fewer subscribers
nationwide. Industry data indicate that
there are currently 4,600 active cable
systems in the United States. Of this
total, all but eleven cable operators
nationwide are small under the 400,000subscriber size standard. In addition,
under the Commission’s rate regulation
rules, a ‘‘small system’’ is a cable system
serving 15,000 or fewer subscribers.
Current Commission records show 4,600
cable systems nationwide. Of this total,
3,900 cable systems have fewer than
15,000 subscribers, and 700 systems
have 15,000 or more subscribers, based
on the same records. Thus, under this
standard as well, we estimate that most
cable systems are small entities.
92. Cable System Operators (Telecom
Act Standard). The Communications
Act also contains a size standard for
small cable system operators, which is
‘‘a cable operator that, directly or
through an affiliate, serves in the
aggregate fewer than 1 percent of all
subscribers in the United States and is
not affiliated with any entity or entities
whose gross annual revenues in the
aggregate exceed $250,000,000.’’ There
are approximately 52,403,705 cable
video subscribers in the United States
today. Accordingly, an operator serving
fewer than 524,037 subscribers shall be
deemed a small operator if its annual
revenues, when combined with the total
annual revenues of all its affiliates, do
not exceed $250 million in the
aggregate. Based on available data, we
find that all but nine incumbent cable
operators are small entities under this
size standard. The Commission neither
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requests nor collects information on
whether cable system operators are
affiliated with entities whose gross
annual revenues exceed $250 million.
Although it seems certain that some of
these cable system operators are
affiliated with entities whose gross
annual revenues exceed $250 million,
we are unable at this time to estimate
with greater precision the number of
cable system operators that would
qualify as small cable operators under
the definition in the Communications
Act.
93. All Other Telecommunications.
‘‘All Other Telecommunications’’ is
defined as follows: This U.S. industry is
comprised of establishments that are
primarily engaged in providing
specialized telecommunications
services, such as satellite tracking,
communications telemetry, and radar
station operation. This industry also
includes establishments primarily
engaged in providing satellite terminal
stations and associated facilities
connected with one or more terrestrial
systems and capable of transmitting
telecommunications to, and receiving
telecommunications from, satellite
systems. Establishments providing
Internet services or voice over Internet
protocol (VoIP) services via clientsupplied telecommunications
connections are also included in this
industry. The SBA has developed a
small business size standard for ‘‘All
Other Telecommunications,’’ which
consists of all such firms with gross
annual receipts of $32.5 million or less.
For this category, census data for 2012
show that there were 1,442 firms that
operated for the entire year. Of these
firms, a total of 1,400 had gross annual
receipts of less than $25 million.
Consequently, we estimate that the
majority of All Other
Telecommunications firms are small
entities that might be affected by our
action.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
94. This NPRM proposes changes to,
and seeks comment on, Commission
rules on Local Number Portability
Administration, and Nationwide
Number Portability (NNP). The NPRM
seeks to amend our rules by removing
the N–1 query requirement and
proposes to forbear from remaining
interexchange dialing parity
requirements of section 251(b)(3). The
objectives of the proposed modifications
are to remove impediments to NNP. As
the NPRM seeks comment on rule
withdrawal and forbearance, we
therefore do not adopt new reporting,
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Frm 00029
Fmt 4702
Sfmt 4702
recordkeeping, or other compliance
requirements.
95. As reported in the Final
Regulatory Flexibility Analysis (1996
FRFA) of the 1996 order instituting the
dialing parity rules, the compliance
requirements of the Section 251 dialing
parity rules include ‘‘dialing-parity
specific software, hardware, signaling
system upgrades and necessary
consumer education.’’ Such compliance
entailed the ‘‘use of engineering,
technical, operational, and accounting
skills.’’ We seek comment on whether
withdrawing these proposed rules will
enable LECs, including small entities, to
reduce or eliminate these costs via a
lesser compliance burden.
E. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
96. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rules for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.
97. The 1996 FRFA states that the
dialing parity provisions allowed ‘‘LECs
and competing providers of telephone
toll service’’ including small entities ‘‘to
not be subject to an array of differing
state standards and timetables requiring
them to research and tailor their
operations to the unique requirements
of each state.’’ We seek comment as to
the extent all LECs, including small
entities, will be economically impacted
by the removal of nationwide
provisions.
98. The 1996 FRFA also explains that
as result of the dialing parity rules, a
carrier could not automatically
designate itself as a ‘‘toll carrier without
notifying the customer of the
opportunity to choose an alternative
carrier, one or more of which may be a
small business.’’ We seek comment as to
any additional economic burden
incurred by small entities as a result of
the withdrawal of the dialing parity
rule.
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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
99. None.
VII. Procedural Matters
pmangrum on DSK3GDR082PROD with PROPOSALS1
A. Deadlines and Filing Procedures
100. Pursuant to sections 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document in Dockets WC
17–244, and WC 13–97. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
D Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
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. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
D All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
D Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
D U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
D People With Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
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55983
101. This proceeding shall be treated
as a ‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making ex parte
presentations must file a copy of any
written presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
Rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Information Center, will send a copy of
this Notice of Proposed Rulemaking,
including the IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA).
B. Initial Regulatory Flexibility Analysis
102. Pursuant to the Regulatory
Flexibility Act (RFA), the Commission
has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
small entities of the policies and actions
considered in this Notice of Proposed
Rulemaking. The text of the IRFA is set
forth in Appendix B. Written public
comments are requested on this IRFA.
Comments must be identified as
responses to the IRFA and must be filed
by the deadlines for comment on the
Notice of Proposed Rulemaking. The
Commission’s Consumer and
Governmental Affairs Bureau, Reference
List of Subjects
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
C. Paperwork Reduction Act
103. This document may contain
proposed new or modified information
collection requirements. The
Commission, as part of its continuing
effort to reduce paperwork burdens,
invites the general public and the Office
of Management and Budget (OMB) to
comment on the information collection
requirements contained in this
document, as required by the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, we seek specific
comment on how we might further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.
D. Contact Persons
104. For further information about
this proceeding, please contact Sherwin
Siy, FCC Wireline Competition Bureau,
Competition Policy Division, Room 5–
C225, 445 12th Street SW., Washington,
DC 20554, (202) 418–2783,
Sherwin.Siy@fcc.gov.
VIII. Ordering Clauses
105. Accordingly, it is ordered,
pursuant to sections 1, 4(i), 10, 201(b),
and 251(e) of the Communication Act of
1934, as amended, 47 U.S.C. 151, 154(i),
160, 201(b), and 251(e) that this Notice
of Proposed Rulemaking and Notice of
Inquiry is adopted.
106. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration.
47 CFR Part 51
Interconnection.
47 CFR Part 52
Numbering.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons set forth above, The
Federal Communications Commission
proposes to amend parts 51 and 52 of
Title 47 of the Code of Federal
Regulations as follows:
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55984
Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
§ 51.209
PART 51—INTERCONNECTION
■
1. The authority citation for part 51
continues to read as follows:
■
§ 51.213
Authority: 47 U.S.C. 151–55, 201–05, 207–
09, 218, 220, 225–27, 251–54, 256, 271,
303(r), 332, 1302.
■
[Removed]
§ 52.26 NANC Recommendations on Local
Number Portability Administration.
Remove § 51.209.
4. Remove § 51.213
[Removed]
Remove § 51.213.
5. Remove § 51.215.
§ 51.215
[Removed]
Remove § 51.215.
Subpart C—Obligations of All Local
Exchange Carriers
PART 52—NUMBERING
2. Amend § 51.205 by revising it to
read as follows:
■
§ 51.205
Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066,
as amended; 47 U.S.C. 151, 152, 154 and 155
unless otherwise noted. Interpret or apply
secs. 3, 4, 201–05, 207–09, 218, 225–27, 251–
52, 271 and 332, 48 Stat. 1070, as amended,
1077; 47 U.S.C. 153, 154, 201–05, 207–09,
218, 225–27, 251–52, 271 and 332 unless
otherwise noted.
■
6. The authority citation for part 52
continues to read as follows:
Dialing parity: General.
pmangrum on DSK3GDR082PROD with PROPOSALS1
A local exchange carrier (LEC) shall
provide local dialing parity to
competing providers of telephone
exchange service, with no unreasonable
dialing delays. Dialing parity shall be
provided for originating
telecommunications services that
require dialing to route a call.
■ 3. Remove § 51.209.
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Subpart C—Number Portability
7. In § 52.26 revise paragraph (a) to
read as follows:
■
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Frm 00031
Fmt 4702
Sfmt 9990
(a) Local number portability
administration shall comply with the
recommendations of the North
American Numbering Council (NANC)
as set forth in the report to the
Commission prepared by the NANC’s
Local Number Portability
Administration Selection Working
Group, dated April 25, 1997 (Working
Group Report) and its appendices,
which are incorporated by reference
pursuant to 5 U.S.C. 552(a) and 1 CFR
part 51. Except that: Sections 7.8 and
7.10 of Appendix D and the following
portions of Appendix E: Section 7, Issue
Statement I of Appendix A, and
Appendix B in the Working Group
Report are not incorporated herein.
*
*
*
*
*
[FR Doc. 2017–25458 Filed 11–24–17; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Proposed Rules]
[Pages 55970-55984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25458]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 51 and 52
[WC Docket No. 17-244, WC Docket No. 13-97; FCC 17-133]
Nationwide Number Portability; Numbering Policies for Modern
Communications
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission seeks comment on how best to
move toward complete nationwide number portability (NNP) to promote
competition among all service providers. The NPRM proposes to eliminate
the N-1 query requirement, and also proposes to forbear from the
dialing parity requirements for competitive LECs that remain after the
2015 USTelecom Forbearance Order as they apply to interexchange
services. The NPRM asserts these changes will remove regulatory
barriers to NNP and better reflect the competitive realities of today's
marketplace. The NOI seeks to refresh the record in the 2013 Future of
Numbering NOI. It also seeks comment on four NNP models proposed by
ATIS: Nationwide implementation of local routing numbers (LRNs); non-
Geographic LRNs (NGLRNs); commercial agreements; and iconectiv's GR-
2982-CORE. The NOI finally seeks comment on the implications of these
proposals as they relate to public safety, access by individuals with
disabilities, tariffs, and intercarrier compensation.
DATES: Comments are due on or before December 27, 2017, and reply
comments are due on or before January 26, 2018. Written comments on the
Paperwork Reduction Act proposed information collection requirements
must be submitted by the public, Office of Management and Budget (OMB),
and other interested parties on or before January 26, 2018.
ADDRESSES: You may submit comments, identified by both WC Docket No.
17-244, and WC Docket No. 13-97 by any of the following methods:
Federal Communications Commission's Web site: https://
[[Page 55971]]
apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
Mail: Parties who choose to file by paper must file an
original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking 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. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the
Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes 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
9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service
first-class, Express, and Priority mail must be addressed to 445 12th
Street SW., Washington, DC 20554.
People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to fcc504@fcc.gov or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document. In addition to filing comments
with the Secretary, a copy of any comments on the Paperwork Reduction
Act information collection requirements contained herein should be
submitted to the Federal Communications Commission via email to
PRA@fcc.gov and to Nicole Ongele, Federal Communications Commission,
via email to Nicole.Ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau,
Competition Policy Division, Sherwin Siy, at (202) 418-2783, or
sherwin.siy@fcc.gov. For additional information concerning the
Paperwork Reduction Act information collection requirements contained
in this document, send an email to PRA@fcc.gov or contact Nicole Ongele
at (202) 418-2991.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in WC Docket No. 17-244, and CC Docket
No. 13-97, adopted October 24, 2017, and released October 26, 2017. The
full text of this document is available for public inspection during
regular business hours in the FCC Reference Information Center, Portals
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. It is
available on the Commission's Web site at https://www.fcc.gov/document/fcc-seeks-comment-moving-toward-nationwide-number-portability-0.
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR
1.415, 1.419, interested parties may file comments and reply comments
on or before the dates indicated on the first page of this document.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998), https://www.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf.
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking 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. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the
Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes 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
9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service
first-class, Express, and Priority mail must be addressed to 445 12th
Street SW., Washington, DC 20554.
People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to fcc504@fcc.gov or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
Synopsis
I. Introduction
1. Telephone numbers continue to serve as important identifiers for
reaching family and friends, businesses, and other key contacts.
Therefore, many individuals and businesses value their telephone
numbers and the ability to keep them--whether changing service
providers, moving from one neighborhood to another, or relocating
across the country.
2. Currently, consumers and businesses can keep their telephone
numbers when changing service providers--wireline-to-wireline,
wireless-to-wireless, and wireline-to-wireless and the reverse--when
they move locally. This local number portability (LNP) benefits
consumers and promotes competition. But consumers cannot uniformly keep
their traditional wireline numbers or their mobile numbers when they
move long distance. The ability to keep your telephone number when
switching your wireline or wireless service provider may depend on
whether the service provider to whom you want to switch is a nationwide
service provider. This limitation not only confuses and inconveniences
consumers, it harms the ability of small or regional carriers to
compete, undermining a core principle of number portability--
competition.
3. In this Notice of Proposed Rulemaking (NPRM) and Notice of
Inquiry (NOI), the Commission seeks comment on how best to move toward
complete nationwide number portability to promote competition between
all service providers, regardless of size or type of service (wireline
or wireless). We also explore how technical aspects of our current LNP
and dialing parity rules hinder the efficient routing of calls
throughout the network, causing inefficiencies and delays.
II. Background
A. Overview
4. The Commission has plenary authority over numbering matters.
Section 251(e) of the Act of 1934, as amended (the Act) gives the
Commission exclusive jurisdiction over the North American Numbering
Plan (NANP) and related telephone numbering issues in the United
States. Section 251(b)(2) of the Act requires local exchange carriers
(LECs) to ``provide, to the extent technically feasible, number
portability in
[[Page 55972]]
accordance with requirements prescribed by the Commission.'' Together,
these portions of the Act give the Commission the authority not only to
require ``number portability,'' which allows users to retain telephone
numbers at the same location, but also to encourage ``location
portability,'' allowing consumers to retain their telephone numbers
when changing their location. Ensuring that telephone numbers do not
act as barriers to competition between carriers of various sizes and
technologies is well within our statutory authority. The Commission has
created rules for local number portability and rules requiring that
local number portability be available for wireless and interconnected
Voice over Internet Protocol (VoIP) customers. A ``rate center'' is a
geographic area that is used to determine whether a call is local or
toll. This type of unlimited number portability--allowing consumers to
port any telephone number anywhere--has been referred to as
``nationwide number portability'' (NNP) or ``non-geographic number
portability'' (NGNP).
5. A wireless user may currently have more opportunities than a
wireline user when it comes to number porting. But even among wireless
competitors, smaller rural and regional carriers are at a disadvantage
versus their nationwide competitors. Wireless-to-wireless porting is
only possible if the ported-to wireless carrier has a facilities-based
presence in the porting customer's original geographic location,
placing smaller, non-nationwide carriers at a disadvantage. Similarly,
existing technical strictures prevent customers from porting their
numbers from wireless-to-wireline services, should a consumer want to
do so, unless the ported-to wireline service provider happens to have a
presence in the same rate center as the customer's number. This
requirement naturally limits the ability of LECs to port-in numbers
from wireless services, and will affect any toll or long-distance
charges or other distance-sensitive costs for transiting the Public
Switched Telephone Network (PSTN) portion of the call path, placing
these local wireline carriers at a disadvantage when it comes to
competing for consumers.
6. An interconnected Voice over Internet Protocol (VoIP) user is
likewise limited in terms of portability. While there is no
technologically-inherent restriction on location of use if connectivity
is supported via the Internet (or via a dedicated network that can
connect to it), calls to and from the PSTN are routed through the rate
center where the telephone number is assigned as a local number. This
means that the rate center ``location'' of the number determines the
location and thus the available LECs to which a customer can port the
number. This reduced flexibility and choice also disadvantages LEC over
providers of other telephony services.
7. Many consumers are thus still limited to local number
portability, and interest in NNP remains high. Government and private
stakeholders have explored possibilities for implementing NNP in
various forums. In July 2015, the U.S. House of Representatives
Committee on Energy and Commerce (the Committee) requested that the
Commission expeditiously support nationwide number portability, noting
that ``[c]onsumers overwhelmingly prefer to keep their numbers when
they switch carriers.'' The Committee further indicated that the
distinction within the number portability rules places non-nationwide
providers at a competitive disadvantage and could result in consumer
confusion when attempting to switch providers.
8. The Competitive Carriers Association (CCA) subsequently asserted
that ``CCA's rural and regional members have experienced problems with
porting-in wireless numbers from disparate parts of the country.'' CCA
further asserts that, as a result, non-nationwide carriers are placed
at a competitive disadvantage compared to their nationwide counterparts
who are able to port-in numbers regardless of location. CCA expressed
that number portability ``helps to expand competition by allowing
consumers to choose carriers that offer lower prices and innovative
product and service offerings, and these public interest benefits are
diminished when non-nationwide carriers do not have the same capability
as nationwide carriers.''
9. On May 16, 2016, the North American Numbering Council (NANC),
issued a report on NNP. The NANC is the Commission's Federal Advisory
Committee on numbering administration matters. It is comprised of state
regulators, consumer groups, industry representatives, and other
stakeholders interested in number administration. The NANC Report
recommended further inquiry into several issues, including potential
impacts to the life of the NANP, necessary edits to federal rules, and
the role of LRNs in the future as carriers use both time division
multiplexing- and VoIP-based interconnection.
10. The Alliance for Technical Industry Solutions (ATIS) approved a
Technical Report on a Nationwide Number Portability Study on June 20,
2016. The Alliance for Telecommunication Industry Solutions (ATIS) is a
technical planning and standards organization that develops and
promotes technical and operations standards for communications and
related information technologies worldwide. The ATIS Report analyzes
five potential solutions for achieving NNP: (1) Nationwide
implementation of LRNs; (2) non-Geographic LRNs (NGLRNs); (3)
commercial agreements; (4) Internet interconnection; and (5)
iconectiv's GR-2982-CORE specification. ATIS reported that the
commercial agreement solution is the only one that can be supported
today that has no porting impacts.
11. On August 30, 2016, the NANC LNP Working Group issued a white
paper on NGNP (the NANC notes that NGNP and NNP ``are considered to be
two synonymous terms, but it has become the preference of the NANC
Working Groups to use the term NNP''). Among other things, the LNP
Working Group concluded that regulatory changes made as a result of
non-geographic number porting implementation should be technology and
provider agnostic. The Working Group reiterated that ``any
implementation of NGNP . . . will require collaboration and support by
all parties involved'' and that an industry move towards NGNP will
require a mandate by the Commission.
B. Background on Number Portability Mechanisms
12. In the last few years, ATIS and the NANC have worked to develop
approaches for implementing NNP and thereby, increase access to
smaller, regional carriers and increase routing efficiency in the
network. Because the changes required by some of these proposals could
be hindered by legacy aspects of our telephone regulations, we propose
to eliminate certain legacy aspects of our telephone regulations to
promote NNP, such as existing N-1 and dialing parity requirements. This
section provides a summary of existing number portability mechanisms as
background to the proposals and questions in the NPRM and the NOI
below.
13. Current LNP Process. In the current local number portability
system, consumers may keep their telephone number when changing
providers if they remain at the same location. Stated differently,
consumers may be prevented, for technical reasons, from retaining their
telephone number when switching providers if they move outside the
original geographic area of
[[Page 55973]]
their telephone number. This is true for both intramodal (e.g.,
wireline-to-wireline or wireless-to-wireless) and intermodal (e.g.,
wireline-to-wireless) ports. In either context, a customer who changes
carriers, or who moves within the same general geographic area, can
retain a telephone number through the use of a LRN: A 10-digit number-
like number that shares a switch with the customer's location. The LRN
is essentially a telephone number that designates the switch that
serves the customer's new location. When someone calls that customer's
ported number, one of the carriers routing the call will query the
Number Portability Administration Center/Service Management System
(NPAC/SMS), which provides the routing carrier the appropriate LRN. The
NPAC/SMS consists of hardware and software platforms that host a
national information database and serves as the central coordination
point of LNP activity. In this NPRM/NOI, we refer to this system simply
as the NPAC. The call is then routed to the appropriate switch, which
contains the information necessary to route the call to the correct
customer. The N-1 query requirement, described below, is built into
this process; NNP solutions that alter the process would likely require
altering or rescinding the N-1 requirement, lest it result in
persistent routing inefficiencies. Dialing parity requirements are also
implicated in the routing of calls to ported numbers, and their
amendment may similarly facilitate NNP, by allowing greater choice on
the part of local carriers to decide how calls are routed.
14. N-1 Requirement. The N-1 query requirement mandates that the
carrier immediately preceding the terminating carrier (the N-1 carrier)
be responsible for ensuring that the number portability database is
queried. Paragraph 73 of the Second Number Portability Order is
included in the NANC's recommendations for LNP architecture and
administration, and thus incorporated by reference into our Rules. For
instance, if a carrier is asked to originate a telephone call to a
number that can be ported, it first determines whether or not the
number requires routing to an interexchange carrier. If so, it routes
the call to the interexchange carrier, which then queries the NPAC,
sending it the digits of the dialed telephone number. The database
answers the query by providing an LRN. The interexchange provider then
routes the call to the terminating carrier's switch, which routes the
call to the intended recipient. In this case, the interexchange carrier
is the N-1 carrier, and thus performs the number portability database
query. If, on the other hand, the originating carrier finds that the
dialed number does not require handoff to an interexchange carrier, it
performs the query itself, receives the LRN, and then routes the call
to the appropriate terminating carrier's switch. In that case, the
originating carrier itself is the N-1 carrier, since only two carriers
are involved.
15. The N-1 requirement requires the second-to-last carrier to
perform the number portability database query; where an interexchange
carrier is involved, this prevents the originating carrier from
performing the query. The N-1 requirement was recommended by the NANC
and adopted by the Commission in the early stages of implementing LNP
because it ensured that: Carriers would know when a database had been
queried; the cost of performing queries would be distributed between
interexchange and originating providers; and, moreover, that routing
performance would not be degraded by, for instance, having a call
routed to a supposed terminating carrier, only for that carrier to
perform a query and discover that the number had been ported and
required further routing. Furthermore, industry stakeholders at the
time preferred the N-1 query requirement to having the originating
service provider perform the query, since doing so would require all
carriers across the country to implement number portability
simultaneously for it to work. However, given changing market
conditions, and even more so with NNP, this system may need to be
altered. As explained by ATIS, ``[i]n an NNP environment, a call could
look like it is interLATA but actually be intraLATA. In this case it
could be more efficient for the originating carrier to know this, but
they may not be able to do this with the N-1 requirement.'' Thus,
changes to the number portability system can affect the ability for a
given carrier to know whether or not it is in fact the N-1 carrier, and
the requirement would actively introduce inefficiencies into the
routing system, in some cases resulting in calls unnecessarily being
rerouted multiple times, potentially increasing traffic and costs for
carriers, and delays for consumers.
16. Dialing Parity. Dialing parity provisions were originally
intended to ensure that incumbent LECs provided the same access to
stand-alone long distance service providers as they did to their own or
their affiliates' long distance offerings. This nondiscriminatory
access to interexchange carriers is part of the set of equal access
requirements in the Act that have been adopted from the 1982
Modification of Final Judgment (MFJ) in the federal antitrust case
against AT&T, which imposed these requirements on the Bell Operating
Companies (BOCs). The Telecommunications Act of 1996 (1996 Act)
incorporated the MFJ's equal access requirements for these former BOCs
into the Communications Act via section 251(g). The 1996 Act also
created more specific, affirmative equal access requirements in section
251(b) that applied to all local exchange carriers. The provisions in
this section substantially resemble the requirements in the MFJ, with
the key differences that the requirements in the MFJ cover information
services as well as telephone toll service, and section 251(b)(3)
covers local exchange and telephone toll service.
17. We seek, through this NPRM and NOI, to continue the
Commission's efforts to align our regulations with the trend toward
all-distance voice services. Moreover, we recognize, the decline of the
stand-alone long distance market has limited the relevance and utility
of certain equal access obligations for competitive providers and their
customers. In the 2015 USTelecom Forbearance Order, the Commission
forbore from the ``application to incumbent LECs of all remaining equal
access and dialing parity requirements for interexchange services,
including those under section 251(g) and section 251(b)(3) of the
Act.'' However, the Commission adopted a ``grandfathering'' condition
allowing incumbent LEC customers who were presubscribed to third-party
long distance services as of the date of the 2015 USTelecom Forbearance
Order to retain certain equal access and dialing parity service. Thus,
unless the grandfathering condition is applicable, toll dialing parity
requirements, preserved by section 251(g), and the long distance (toll)
dialing parity requirements of section 251(b)(3), no longer apply to
incumbent LEC provision of interexchange access services.
18. Since the 2015 US Telecom Forbearance Order, only limited toll
dialing parity requirements remain. Competitive local exchange carriers
(competitive LECs) must still abide by the long-distance dialing parity
requirements of section 251(b)(3). The ATIS Report on NNP suggests that
interLATA call processing requirements, such as the interexchange
dialing parity requirements, may hinder certain proposals for NNP.
Currently, an originating carrier determines whether or not to hand a
call to an interexchange carrier based upon the dialed number.
[[Page 55974]]
However, if numbers can be ported on a nationwide basis, the number
might actually be in the same LATA, meaning that transfer to an
interexchange carrier of the customer's choosing would result in
persistently inefficient routing, with potentially concomitant delays
and costs. Eliminating the remaining dialing parity requirements may
allow originating carriers to avoid these inefficiencies by increasing
their choices. For instance, a carrier being asked by a customer to
originate a call to a non-geographic telephone number might benefit
from being able to handle the call as it prefers, instead of abiding by
the constraints of the dialing parity requirements.
III. Notice of Proposed Rulemaking
19. We believe that NNP will level the playing field for many rural
and regional carriers, who are disadvantaged by the difficulty or
outright inability of consumers to port in to their networks.
Accordingly, we believe it is important to begin forging the way
towards NNP. Because we understand that achieving this goal without
incurring significant practical harms or prohibitive costs will require
extensive work, collaboration, and support by all parties involved, we
propose taking an incremental approach toward achieving NNP. As a first
step to accommodate the architectures of NNP proposals and to reflect
the evolving marketplace, we propose to remove the N-1 query
requirement. Further, based on the ATIS Report and the marketplace
findings in the 2015 USTelecom Forbearance Order, we propose to
eliminate remaining interexchange dialing parity requirements. Removing
these regulations will thus help ensure an efficient network that
provides consumers maximum flexibility in their communications choices
and a competitive landscape for small and rural providers.
A. Proposed Elimination of the N-1 Query Requirement
20. We seek comment on whether the N-1 query requirement impedes
plans for NNP such as the non-geographic LNP proposal. As the ATIS
Report notes, in an NNP environment, an originating carrier could not
determine, without performing a query, whether a dialed number required
interexchange routing or not. This could lead to a number of
inefficiencies, such as a scenario in which a number is ported from a
distant location to the same LATA as an originating caller. In such a
scenario, the originating carrier, believing the call to be long-
distance, would route the call to an interexchange carrier, only for
the interexchange carrier, upon conducting the query, to have to route
the ported number back to the originating carrier's LATA.
21. Furthermore, the motivating concerns that caused the NANC to
recommend and the Commission to implement the N-1 requirement no longer
seem to apply. When it was first adopted, the N-1 requirement was
favored over requiring originating carriers to perform the database
query because this latter solution would have required every local
carrier across the country to adopt LNP simultaneously in a ``flash-
cut'' manner for LNP to work, requiring more complicated coordination
of the LNP rollout. Moreover, in an environment of many competing
interexchange carriers and restrictions on incumbent LECs from offering
interexchange services, interexchange carriers ``wanted to ensure that
they were involved in this important aspect of call processing.'' Since
LNP has by now been broadly and successfully adopted nationwide, and in
light of the changed competitive landscape, we anticipate that these
concerns are no longer relevant.
22. We therefore propose to eliminate the N-1 query requirement,
and we seek comment on this proposal. What are the benefits and
drawbacks of removing the requirement? Is eliminating the requirement
necessary to, or will it facilitate, the implementation of non-
geographic location routing numbers or other NNP proposals, as
suggested by ATIS? Would removing the requirement interfere with any
aspects of the current routing or number portability querying system,
or any other aspect of the network? For example, by proposing to allow
carriers flexibility in conducting NPAC queries, will there be
coordination issues among carriers or calls that are processed without
a query? What costs, if any, would be saved if we eliminated the N-1
query requirement? Did the N-1 requirement lead to network routing
inefficiencies and will its elimination correct those inefficiencies?
Alternatively, will rescinding the requirement add to the costs of
originating carriers, terminating carriers, or other parties, either in
terms of performing more queries, or in terms of requiring equipment
upgrades? Are there transaction or other costs or harms associated with
transitioning away from N-1 query? In the absence of the requirement,
would costs of the system be allocated appropriately? Would there be
any other benefits of eliminating the N-1 query requirement not
predicated on a move to NNP? Interested stakeholders should address
these questions.
23. The ATIS Report states that eliminating the N-1 query
requirement does not require supplanting it with a new requirement that
originating carriers query the NPAC. According to the Report, ``[a]
carrier could choose to query all calls on their originating network
and route calls to the NNP numbers accordingly, or they could choose to
handle calls as they do today, i.e., if a call looks like it is
interLATA, hand it off to the IXC and let the IXC query the call.'' As
the ATIS Report notes, it is important to ensure the call is queried
before it gets to the network that is assigned the central office (CO)
code, but not necessarily that the N-1 methodology be used. We seek
comment on this perspective. Are there any benefits to the Commission
requiring particular parties to perform the query, or are existing
technical and market mechanisms (such as agreements and signaling
between providers indicating query status) sufficient to ensure that
queries will be performed efficiently and by the parties best placed to
do so?
24. We also seek comment on whether anticipated changes in routing
and queries might have other effects upon the public. For instance, how
would these changes interact with public safety, including the
provision of emergency services, such as 911 or Next Generation 911
calls? Will eliminating the N-1 query requirement lead to any changes
in the handling of emergency calls, including their routing or the
provision of necessary caller information?
B. Proposed Elimination of Remaining Interexchange Dialing Party
Requirements
25. In the 2015 USTelecom Forbearance Order, the Commission forbore
from the dialing parity provisions of sections 251(b)(3) and 251(g)
only insofar as they applied to incumbent LECs in their provision of
interexchange access services. In this section, we (1) propose to
extend that forbearance to competitive LECs, (2) seek comment on
extending forbearance to ``grandfathered'' customers who still maintain
accounts with stand-alone long-distance providers, and (3) propose to
eliminate the Commission's rules that mandate interexchange dialing
parity and other requirements associated with it. We do not propose
here to forbear from other requirements of section 251, such as
requirements for interconnection; resale; number portability; access to
rights of way; reciprocal compensation; or nondiscriminatory access to
telephone numbers, operator services, directory assistance services,
directory listings,
[[Page 55975]]
with no unreasonable dialing delays. We anticipate that these changes
will remove barriers to NNP and better reflect the competitive
realities of today's marketplace.
1. Proposed Forbearance From Interexchange Dialing Parity Requirements
26. We propose to forbear from the dialing parity requirements of
section 251(b)(3) as they apply to interexchange services. The 2015
USTelecom Forbearance Order removed these constraints from incumbent
LECs with regard to interexchange access services, and we propose to
extend that same forbearance to competitive LECs. Section 10 of the Act
states that the Commission shall forbear from applying any regulation
or provision of the Act if it determines that: (1) Enforcement of such
regulation or provision is not necessary to ensure that the charges,
practices, classifications, or regulations by, for, or in connection
with that telecommunications carrier or telecommunications service are
just and reasonable and are not unjustly or unreasonably
discriminatory; (2) enforcement of such regulation or provision is not
necessary for the protection of consumers; and (3) forbearance from
applying such provision or regulation is consistent with the public
interest. We seek comment on whether forbearing from the dialing parity
requirements of section 251(b)(3) as they apply to interexchange
services would meet the criteria of section 10.
27. We believe that the remaining interexchange dialing parity
requirements for competitive LECs are no longer necessary in today's
all-distance market to ensure that the charges and practices of
competitive LECs are just and reasonable and are not unjustly or
unreasonably discriminatory, and are no longer necessary for the
protection of consumers. We further believe that the rationales behind
the forbearance from the interexchange dialing parity requirements in
the 2015 USTelecom Forbearance Order apply similarly to both incumbent
and competitive LECs. Do commenters agree? For instance, are commenters
aware of substantial complaints stemming from our forbearance from the
interexchange dialing parity requirements in the 2015 USTelecom
Forbearance Order? As described in the 2015 USTelecom Forbearance
Order, wireline customers today have more choices than they did in 1982
or 1996, including interconnected VoIP services. Similarly, stand-alone
long-distance has not been critical to competition for over a decade,
with declining demand for it from both mass-market and business
customers. Does the decrease in demand for stand-alone interexchange
services reduce the likelihood that LECs will have unjust or
unreasonable charges, practices, or classifications, and does it
suggest that consumers no longer require protection from such
practices? Does the increase in consumer choice obviate the need for
these protections?
28. We also seek comment on the extent to which the interexchange
dialing parity provisions affect any competitive LECs in practice. Do
these provisions have substantial effects upon the costs, practices,
and behavior of LECs currently? Are there any effects upon competitive
LECs that significantly affect the market for local service as a whole?
For example, given that competitive LECs serve a relatively small
percentage of residential wireline voice accounts, do these provisions
help a significant number of consumers or competitors?
29. Forbearance from the interexchange dialing parity requirements
would also appear to be in the public interest. ATIS notes that an NNP
regime, with all of the benefits to competition and consumers that come
with it, would be facilitated by the elimination of interLATA call
processing requirements. The ATIS Report notes that carriers' ability
to efficiently route calls to non-geographic LRNs could be hindered by
the need to refer calls that look like interexchange calls to a third-
party carrier, when the call would more efficiently have been routed to
a non-geographic transport provider or a non-geographic gateway. It is
our understanding that forbearing from interexchange dialing parity
would enable originating carriers to better choose how to route their
calls, preventing inefficient network routing that might otherwise
result from various NNP proposals. Do commenters agree? Can customers'
pre-subscribed interexchange carrier choices accommodate the proposed
changes without a loss of efficiency or undue cost? Are there other
effects upon the public interest that might result from our proposed
forbearance from the interexchange dialing parity requirements for
competitive LECs? For instance, will there be any effects upon 911,
Next Generation 911, or other aspects of emergency calling?
30. Furthermore, section 10(b) requires that the Commission account
for the effects of forbearance on ensuring a competitive marketplace in
making its public interest determination. Since the implementation of
the 2015 USTelecom Forbearance Order, incumbent LECs have not had to
comply with the interexchange dialing parity requirements of sections
251(b)(3) and 251(g). Will extending forbearance from those
requirements to competitive LECs therefore ensure a level playing field
between incumbent and competitive LECs? Will forbearance from these
requirements help ensure a level and competitive playing field for
small, rural, and regional carriers with respect to number portability?
Will granting LECs more flexibility in choosing how calls are routed
improve their competitive ability and offer consumers access to greater
number portability? How else will the competitive landscape be affected
by this proposed forbearance?
31. Given the decreased need for these mandates, combined with the
likelihood that they will impede the implementation of NNP, we propose
to use our forbearance authority to eliminate remaining interexchange
dialing parity requirements, which apply to competitive LECs. We seek
comment on this proposal. What costs, if any, do competitive LECs
currently bear due to these requirements? Are other providers of local
voice service, such as interconnected VoIP providers, affected by the
application of these provisions, either to themselves or to
competitors? Do other stakeholders benefit from relieving competitive
LECs of these requirements, or are there other costs? Are there
stakeholders whose position vis-[agrave]-vis competitive LECs today is
significantly different from their position vis-[agrave]-vis incumbent
LECs at the time of the 2015 USTelecom Forbearance Order? Are there
other aspects of section 251(b)(3), including nondiscriminatory access
to telephone numbers, operator services, directory assistance, and
directory listing, that are relevant to stakeholders today? We do not
here propose to forbear from requirements for interconnection, resale,
number portability, access to rights of way, or reciprocal
compensation. Would any of these existing requirements be affected by
our proposed forbearance? Would forbearance from any of these
provisions assist in or hinder the implementation of NNP?
32. In the 2015 USTelecom Forbearance Order, we forbore from the
all remaining equal access requirements, including dialing parity,
preserved in section 251(g), with the exception of the grandfathering
condition. We do not believe the dialing parity requirements preserved
in section 251(g) apply to competitive LECs. We seek comment on whether
there are any dialing parity
[[Page 55976]]
requirements (applied via section 251(g)) from which we must forbear.
If there are any remaining dialing parity requirements, we propose to
forbear from those requirements and seek comment on such forbearance.
2. Seeking Comment on Extending Forbearance From Interexchange Dialing
Parity Rules to Customers With Pre-Existing Stand-Alone Long-Distance
Carriers
33. We also seek comment on the continuing need to preserve the
choices of existing customers who are presubscribed to stand-alone
long-distance services, whose choices were grandfathered in the 2015
USTelecom Forbearance Order. Will LECs serving these customers be
hindered from implementing NNP if these grandfathered customers
continue to fall outside of the scope of forbearance? What costs would
LECs or other carriers face in implementing NNP with or without the
preservation of these choices? How many people still purchase long-
distance calling from stand-alone long-distance carriers? Will these
subscribers face any additional costs, burdens, or harms if we forbear
from interexchange dialing parity rules? We seek estimates that
quantify the cost of adjustment that such subscribers might face. Do
interexchange carriers place material competitive pressure on LECs, and
if so, what consumer benefit would be lost if we forbear as discussed
herein? Are there additional benefits to retaining current
grandfathered subscribers? In the 2015 USTelecom Forbearance Order, we
found that a significant number of retail customers still presubscribed
to a stand-alone long-distance carrier, and that the public interest
and protection of consumers required limiting the forbearance of equal
access and dialing parity rules for these customers. We seek comment on
whether or not extending this forbearance would meet the criteria of
section 10.
34. We seek comment on whether the rationales for the
grandfathering in the 2015 USTelecom Forbearance Order still apply.
Have conditions significantly changed since 2015? We seek comment on
the present number of retail customers in the United States who
presubscribe to stand-alone long-distance carriers. Would extending
forbearance to these customers affect the costs they bear, considering
the competition for all-distance packages? Are there any harms to
customers affected by the 2015 USTelecom Forbearance Order that suggest
that we should retain the forbearance for grandfathered customers? Are
the number of such customers, and benefit they receive from use of
stand-alone long-distance carriers, significant enough to justify
maintaining this grandfathered status when weighed against the burdens
and costs it imposes on LECs? Would eliminating the grandfathering and
extending this forbearance to them meet the criteria of section 10?
3. Proposing Elimination of Toll Dialing Parity Rules
35. Because we propose to forbear from the long-distance dialing
parity provisions of section 251(b)(3), for both incumbent and
competitive LECs, we propose to eliminate the rules implementing those
requirements. We believe that sections 51.209 (``Toll dialing
parity''), 51.213 (``Toll dialing parity implementation plans''), and
51.215 (``Dialing parity; Cost recovery'' for toll dialing parity),
serve only to implement the provisions of section 251(b)(3) relating to
toll dialing parity, and thus should be eliminated if our proposed
forbearances are to be effective in facilitating the development of
NNP. We also propose modifying section 51.205 (``Dialing parity:
General'') to omit references to toll dialing parity. We seek comment
on this proposal. Do these rule provisions serve any purpose or
implement any other portions of the Act other than section 251(b)(3)?
Are there any other rules whose only purpose is to implement toll
dialing parity requirements? Are there any interests beyond those
articulated in the Act's dialing parity provisions that require these
rules? How are these considerations affected by the retention or
elimination of grandfathered customer relationships with presubscribed
interexchange carriers? Will the elimination of these rules have any
effect upon slamming? For example, can elimination of these rules
reduce the mechanisms by which unscrupulous entities slam consumers?
Conversely, are there useful consumer protections against slamming in
these rules that are not effectively implemented elsewhere?
36. We seek comment on whether there are other rules that should be
rescinded or modified to promote NNP. Should we consider forbearing
from any other statutory provisions to allow the benefits of NNP to
competition and consumers? We also seek comment on the interplay of the
proposed forbearance and rule changes discussed in the NPRM with the
technical solutions discussed below in the NOI. Specifically, to make
NNP workable, should any forbearance and rule changes happen first, in
advance of implementing any technical solutions, or should the
Commission defer until any technical solutions are in place?
IV. Notice of Inquiry
37. While we believe it is important to move toward NNP, and invite
comment above on steps that would lay the groundwork for doing so, we
also seek input on how best to implement NNP, as well as its potential
impacts on consumers and carriers. We therefore seek comment in this
NOI on a variety of issues related to the deployment of NNP. We also
note that while the focus of this NOI is to seek perspectives on the
most feasible way to implement NNP, the goals of this proceeding could
also be facilitated by larger changes to the current system of
numbering administration. To that end, we also seek comment on how
number administration might be improved to realize more efficient
technical, operational, administrative, and legal processes.
A. Scope of Inquiry
38. The ATIS Report and the NANC Report focus on NNP across
wireline and wireless telecommunications services. Early efforts on
this issue, however, focused merely on ensuring that wireless customers
can retain their numbers when porting to other wireless carriers that
lack a nationwide service area. We believe broader, intermodal NNP
efforts will benefit consumers and competition, as well as potentially
allow for useful reforms of the numbering system, and we explore means
of achieving this goal below.
39. While our goal is to ensure broad, intermodal NNP, are there
any benefits to a gradual implementation of NNP? Is such a partial
deployment technically feasible? For instance, would it be possible for
NNP to first be implemented for a particular subset of entities using
numbering resources (such as wireless providers) before applying it to
all entities? What advantages and disadvantages are there to a partial
implementation of NNP?
B. NNP Alternatives Identified in the ATIS Report
40. We seek comment on four of the specific models of NNP outlined
by ATIS in its report: (1) Nationwide implementation of LRNs; (2) non-
Geographic LRNs (NGLRNs); (3) commercial agreements; and (4)
iconectiv's GR-2982-CORE specification. Are any of the models
preferable to others in terms of feasibility, cost, and adaptability to
changing markets and technologies? Have ATIS and the NANC adequately
considered the potential costs, benefits,
[[Page 55977]]
and barriers to implementation of each of these proposals? More
generally, we seek evidence quantifying the benefit consumers would
gain from being able to keep their number whenever they move outside a
rate center and, alternatively, whether NNP would impose costs that
outweigh those benefits as phone numbers increasingly become less
informative about the dialed party's location. We also anticipate that
NNP will have beneficial competitive effects, by allowing small, rural,
and regional carriers to compete more effectively with larger,
nationwide providers. We seek comment on this perspective. We also seek
comment on other effects that these NNP proposals might have upon small
carriers, including precisely what costs they might impose upon them,
and how. We also seek comment on the impacts these various alternatives
pose to routing calls to ported telephone numbers. To the extent that
commenters believe that other NNP proposals, in addition to those
outlined below, are promising solutions for NNP, we seek comment on
those proposals and their potential implications.
41. National LRN. One conceptually simple way of implementing NNP
would be to allow a ported number to be associated with any LRN.
Instead of limiting the geographic area within which the number can be
ported, the system could associate it with an LRN associated with any
location in the country. Although this approach allows many existing
systems and processes to be used, it also requires changes to NPAC
rules, may complicate other routing and critical processes, and may
require many carriers to upgrade or replace existing equipment. The
NGNP subcommittee found that such an approach would require the NPAC to
relax existing LRN changes to allow any LRN to be added to any NPAC
region (there are eight NPAC regions--one in Canada and seven in the
United States). In addition, it might require carriers to accept
downloads from all NPAC regions, or keep port records in the region
that is servicing the ported telephone number.
42. National LRN may require carriers' existing switches to handle
more numbering plan areas, since a given switch may have to accommodate
telephone numbers being ported in from a wider range of original areas.
National LRN likely also requires changes to number portability rules.
We have proposed eliminating the N-1 query requirement and remaining
interexchange dialing parity requirements in the NPRM above. Are
additional changes necessary? We seek comment on these issues.
43. The national LRN proposal also implicates several non-routing
issues. Industry processes, including the handling of call detail
records, subscriber billing, and caller ID, will be impacted. We also
anticipate that tariffs, toll free database processing, enhanced 911
processes, and other systems that rely upon the relationship between a
telephone number and its rate center/LATA will likely be affected. What
systems will be affected, and to what extent? We seek comment from
providers, end users, and other stakeholders on what dependencies exist
that would require changes, as well as how changes brought about by
national LRN can improve existing systems.
44. The ATIS Report anticipates that a porting-in service provider
may not have a presence in the ported-out area. While such situations
currently exist and are generally handled by agreements between
providers, many more such situations are likely to arise in a national
LRN environment. What effects will this increase in demand have?
45. Local systems, including Local Service Management Systems
(LSMS) and Service Order Administration (SOA), will also be affected by
a national LRN system. Current systems may rely in part upon an assumed
structure whereby numbers are only ported within LATAs or NPAC regions;
an LRN can only be associated with a single NPAC region; or a ported
telephone number record can only exist in one NPAC region. We seek
comment on what dependencies exist based on these assumptions, and how
they might be resolved.
46. What is necessary to ensure that a national LRN system is
compatible with the variation in dialing plans across the country?
Different customers have different requirements when dialing--some need
only dial seven digits of a local number; others must dial ten digits,
others must dial 1 and ten digits. Is nationwide consistency required
for national LRN compatibility?
47. What effects will a national LRN system have on state
regulators and systems? Porting numbers across state lines raises
questions of existing state regulatory authority, and policy, including
numbering resource management. For example, would NNP affect state
regulatory commission processes for reviewing tariffs, handling
customer complaints, and ensuring public safety? Provider
responsibilities, obligations, and liabilities may also be implicated
with interstate porting. We seek comment on what issues may arise and
how they may be resolved. Can existing systems and agreements in
bordering states serve as models for interstate cooperation?
48. How will consumer experiences be affected by a national LRN
system? Would calls to numbers ported outside of a specific rate center
have completion issues? Consumers would also need to be informed about
any effects upon rates and billing, if they subscribe to a
geographically-based rate plan keyed to their rate center or LATA. How
might this be done? Some consumers use software that blocks calls which
incur tolls, based upon the number's NPA-NXX. How will such programs be
affected, and how can they be adapted, if necessary, to accommodate a
national LRN system? What effects will there be on caller ID?
49. Certain services are set up with restrictions on toll free
calling based on the calling party's location. A customer who ports his
number to a new location might therefore have problems calling the same
toll-free number. We seek comment on the effects on toll free calling
and potential implications of national LRN.
50. Non-Geographic LRN (NGLRN). Another mechanism to allow NNP is
to designate a new area code unaffiliated with any particular location.
This non-geographic area code would be the area code for NGLRNs. Under
an NGLRN system, ported numbers are associated with an NGLRN, instead
of an LRN associated with the new location. When a service provider
queries the NPAC and receives an NGLRN, the call is then routed to a
non-geographic gateway (NGGW) that resides on an IP network and routes
the call appropriately. This system can also support the creation of
non-geographic telephone numbers. An NGLRN solution would support both
wireline and wireless NNP. It also allows many existing processes to
continue working, but as noted by ATIS and the NGNP subcommittee, it
requires the creation and setup of the non-geographic area code,
NGLRNS, NGGWs, and likely changes to certain regulations, including the
N-1 query requirement.
51. The ATIS Report anticipates that aspects of interLATA call
processing requirements, such as the dialing parity provisions, may
interfere with an NGLRN system. Likewise, the ATIS Report suggests that
the N-1 query requirement could create problems. Are these concerns
adequately dealt with by our proposed forbearance from these rules as
discussed above?
[[Page 55978]]
52. To route calls to non-geographic telephone numbers, carriers
will need to access relevant routing information and route to NGGWs.
Carriers that cannot route to NGGWs will need to route calls to a
carrier that can, possibly requiring agreements with non-geographic
transport providers. What policies are necessary to ensure continued
and reliable call routing in an NGLRN system? What criteria should be
required for NGGWs? The ATIS Report recommends that an industry-led
body create a certification process. What bodies are best placed to
conduct such certification, and what oversight should they have to
ensure effectiveness, efficiency, transparency, and competition? We
also seek comment on criteria for NGGWs, such as interconnection
requirements. The ATIS Report recommends that carriers not be required
to provide NGGW service or NNP service and that the only requirement be
that carriers have the ability to route calls to NGLRNs. Furthermore,
ATIS suggests that carriers that do choose to provide NGGW do so ``for
their own customers only.'' We seek comment on this recommendation.
Relatedly, the NGLRN system is designed such that carriers are not
required to implement NNP. What would be an appropriate timeline for
NNP adoption, if any?
53. What characteristics should any non-geographic area code have?
Should it be easily recognizable? Should various non-geographic area
codes resemble each other for ease of recognition? How should the
system address integration with other NANP countries? What impact would
assignment and use of a non-geographic area code or codes within the
NANP have on number exhaust in the United States and other NANP
countries? We also seek comment on whether a single non-geographic area
code will scale for the total set of NGLRNs. Will a single non-
geographic area code be sufficient for the future?
54. The ATIS Report also raises several specific questions with
regard to administration of non-geographic resources with an NGLRN
system. The ATIS Report notes that certain current systems can be
simplified with the adoption of non-geographic codes, such as combining
the processes of number allocation and porting, or allowing distributed
registries to handle processes currently managed by a single
authoritative registry. We seek comment on the potential for such
reforms, and their integration with existing systems and authorities.
55. With an NGLRN system, a call to 911 does not indicate its
location by virtue of the calling telephone number, but rather from
databases such as the Master Service Address Guide (MSAG) or the
emergency service number that has been assigned to the cell site. Will
systems that depend on pseudo-Automatic Number Identification (p-ANI),
in use for wireless and VoIP calls, be appropriate for other non-
geographic calls?
56. Commercial Agreements. One proposed solution for wireless
carriers uses a third party entity that would install points of
interconnection in various LATAs, using its own network as a way to
route interLATA calls to ported numbers. This proposal requires
significant evaluation of LRN assignments in addition to the nature,
categorization, and operation of the third party. The NGNP subcommittee
found that the commercial agreement solution was the only one that
could be supported without significant changes or impacts to NPAC or
service provider systems.
57. In a commercial agreement solution, what entities would act as
the third-party network, and what abilities and obligations would they
need to have for effective and competitive operation? What would such a
system require with respect to LRN assignments? Would such a proposal
provide a pathway for wireline and intermodal NNP?
58. GR-2982-CORE. iconectiv's GR-2982-CORE specification details
another NNP system called Portability Outside the Rate Center (PORC).
PORC calls for dividing the country into small, non-overlapping
geographic blocks called Geographic Unit Building Blocks (GUBBs). Each
GUBB is represented by a telephone number-like identifier, and acts as
the vehicle for the recipient switch to identify the geographic
location of the end user receiving the call. A call to a ported
telephone number will be routed using an LRN, as it is today, with the
difference that the GUBB is used for carrier selection and rating
purposes. This includes changes in how the caller is billed, and may
include the need to alter porting data and NPAC policies and
procedures. GR-2982-CORE also recognizes that participating carriers
must have compatible switches, depending upon their role in the call
flow. The NGNP subcommittee found that this proposal might require the
NPAC to relax LRN changes, and may impact porting data if systems need
to transmit additional routing data about the newly-created geographic
building blocks of the system. The NGNP subcommittee also reports that
changes to the porting records would impact all switches and number
portability databases and many service order administrations and local
service management systems across the industry.
59. Do commenters agree with the NGNP subcommittee's assessments?
Are there other issues or factors we should take into consideration in
exploring the various approaches? How should the subcommittee's
assessments affect any future action on these solutions?
60. The ATIS Report suggests that this solution may require the
NPAC to relax existing LRN changes; that porting data may need to
change to include GUBB information; and that these changes may impact
all switches and number portability databases, as well as many SOAs and
LSMS systems. What do these effects suggest for the viability of this
solution currently? What is the likely timing for this option?
C. Necessary Changes and Challenges to Achieving NNP
61. Apart from the implications raised by each specific proposal
outlined by ATIS and the NANC, most, if not all, NNP proposals will
have consequences for a variety of other aspects of the network. We
seek comment on these implications in the specific areas below.
62. Routing and Interconnection. Are there NNP solutions that can
improve the efficiency of existing routing systems? Conversely, are
there NNP proposals that burden or render inefficient particular
systems or industry databases? Can such systems and databases be
modified, improved, or obviated with NNP solutions?
63. Public Safety. We seek comment on the effects that NNP might
have upon public safety, including users' ability to use 911 in the
knowledge that their calls will be routed appropriately, and that
Public Safety Answering Points (PSAP) will receive accurate callback
and location information. Can an NNP system provide this information?
To the extent that existing systems lack the ability to provide this
information in various NNP scenarios, are there modifications,
adaptations, or workarounds that can supply it?
64. For instance, how can proposed NNP solutions work with legacy
systems that rely upon ANI to report the location of users calling 911?
Are enhanced or next generation 911 services affected by the proposals?
The ATIS Report details several number portability issues affecting
emergency calls, and we seek comment on their resolution.
65. The ATIS Report similarly notes potential effects of NNP
proposals on the use of national security and emergency preparedness
systems like Emergency Telecommunications Service
[[Page 55979]]
(ETS), including the Government Emergency Telecommunication Service
(GETS) and the Priority Access Service (PAS), which provide priority
calling for emergency telecommunications. What are the effects of the
various proposals on the ability of ETS calls to be prioritized? Are
there beneficial or deleterious effects on the network capacity,
routing, or signaling of ETS?
66. Access by Individuals with Disabilities. We seek comment on how
NNP implementations might affect access to communications services by
individuals with disabilities. Can increased intermodal and geographic
porting provide increased access to communications networks by
individuals using assistive technologies? The Commission has permitted
video relay service (VRS) and IP Relay users to register and obtain 10-
digit geographic numbers, allowing users to be reached through a single
number that will automatically connect to the registered user's primary
VRS or IP Relay provider and allow the provider to determine the user's
IP address for the purpose of delivering incoming calls made to that
number. The Commission also adopted requirements allowing VRS and IP
Relay users to have both their 10-digit number and registered location
information forwarded to the appropriate PSAP. We seek comment on how
any NNP implementations might benefit these services, equivalent
services, or any other services that serve individuals with hearing and
speech disabilities. Can widespread NNP adoption promote technologies
and systems that allow for more efficient or user-friendly ways to
achieve these, or better, effects? What steps would be necessary to
ensure that access to communications services for Americans with
disabilities continues to be robust and secure in an NNP scenario, such
as if numbers are assigned without regard to geography?
67. Tariffs and Intercarrier Compensation. We also seek comment on
the various ways that NNP could affect carriers' pricing issues. How
will proposed NNP implementations affect existing carrier tariffs? What
are the ways in which various NNP proposals may alter the existing
system of intercarrier compensation? Are there systems that can support
or encourage a bill-and-keep system? What costs and benefits would such
systems generate?
D. Number Administration
68. We also seek comment on how changes to our current methods of
numbering plan, number pooling, and number portability administration
might facilitate NNP, or how NNP might affect these existing systems.
If we significantly simplify the assignment and porting of numbers,
would these changes require modifications to the current systems? Would
it be possible, and beneficial, to allow multiple entities to provide
competitive numbering administration services? Are there other systems
of addressing what can serve as models for an evolving and increasingly
IP-based network?
V. Legal Authority
69. As noted above, section 251(e)(1) of the Act gives the
Commission ``exclusive jurisdiction over those portions of the North
American Numbering Plan that pertain to the United States'' and
provides that numbers must be made ``available on an equitable basis.''
The Commission retains ``authority to set policy with respect to all
facets of numbering administration in the United States.'' The
Commission has promulgated local number portability rules to satisfy
these congressional mandates, and the proposed actions in this NPRM are
intended to further and better satisfy these mandates. We seek comment
on this assessment.
70. Moreover, section 10 of the Act states that the Commission
shall forbear from applying any regulation or provision of the Act if
it determines that: (1) Enforcement of such regulation or provision is
not necessary to ensure that the charges, practices, classifications,
or regulations by, for, or in connection with that telecommunications
carrier or telecommunications service are just and reasonable and are
not unjustly or unreasonably discriminatory; (2) enforcement of such
regulation or provision is not necessary for the protection of
consumers; and (3) forbearance from applying such provision or
regulation is consistent with the public interest. We believe that our
proposals discussed here satisfy these criteria as the remaining
interexchange dialing parity requirements for competitive LECs are no
longer necessary in today's all distance market to ensure that the
charges and practices of competitive LECs are just and reasonable and
are not unjustly or unreasonably discriminatory, and are no longer
necessary for the protection of consumers. We seek comment on our
forbearance analysis, as well as any other issues pertinent to our
legal authority to facilitate NNP.
VI. Initial Regulatory Flexibility Analysis
71. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on small entities by the policies and rules proposed in this Notice of
Proposed Rulemaking (NPRM). The Commission requests written public
comments on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadlines for comments provided on the
first page of the NPRM. The Commission will send a copy of the NPRM,
including this IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA). In addition, the NPRM and IRFA (or
summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
72. In this NPRM, we propose changes to, and seek comment on, our
rules on Local Number Portability Administration, and Nationwide Number
Portability (NNP). In the NPRM, the Commission proposes to rescind the
N-1 query requirement. Further, based on the ATIS Report and the
marketplace findings in the 2015 USTelecom Forbearance Order, we
propose to eliminate remaining interexchange dialing parity
requirements. The objectives of the proposed modifications are to
remove impediments to NNP.
B. Legal Basis
73. The legal basis for any action that may be taken pursuant to
this NPRM is contained in sections 1, 4(i), 10, 201(b), and 251(e)(1)
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i),
160, 201(b), and 251(e)(1).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
74. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules and by the rule revisions on which the
NPRM seeks comment, if adopted. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small-business concern'' under the Small Business
Act. A ``small-business concern'' is one which: (1) Is
[[Page 55980]]
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
75. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three comprehensive small entity size standards that could
be directly affected herein. First, while there are industry specific
size standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the SBA's Office of
Advocacy, in general a small business is an independent business having
fewer than 500 employees. These types of small businesses represent
99.9% of all businesses in the United States which translates to 28.8
million businesses. Next, the type of small entity described as a
``small organization'' is generally ``any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.'' Nationwide, as of 2007, there were approximately 1,621,215
small organizations. Finally, the small entity described as a ``small
governmental jurisdiction'' is defined generally as ``governments of
cities, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data published in 2012 indicate that there were 89,476 local
governmental jurisdictions in the United States. We estimate that, of
this total, as many as 88,761 entities may qualify as ``small
governmental jurisdictions.'' Thus, we estimate that most governmental
jurisdictions are small.
76. Wired Telecommunications Carriers. The U.S. Census Bureau
defines this industry as ``establishments primarily engaged in
operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired communications
networks. Transmission facilities may be based on a single technology
or a combination of technologies. Establishments in this industry use
the wired telecommunications network facilities that they operate to
provide a variety of services, such as wired telephony services,
including VoIP services, wired (cable) audio and video programming
distribution, and wired broadband internet services. By exception,
establishments providing satellite television distribution services
using facilities and infrastructure that they operate are included in
this industry.'' The SBA has developed a small business size standard
for Wired Telecommunications Carriers, which consists of all such
companies having 1,500 or fewer employees. Census data for 2012 show
that there were 3,117 firms that operated that year. Of this total,
3,083 operated with fewer than 1,000 employees. Thus, under this size
standard, the majority of firms in this industry can be considered
small.
77. Local Exchange Carriers (LECs). Neither the Commission nor the
SBA has developed a size standard for small businesses specifically
applicable to local exchange services. The closest applicable NAICS
Code category is Wired Telecommunications Carriers as defined above.
Under the applicable SBA size standard, such a business is small if it
has 1,500 or fewer employees. According to Commission data, census data
for 2012 shows that there were 3,117 firms that operated that year. Of
this total, 3,083 operated with fewer than 1,000 employees. The
Commission therefore estimates that most providers of local exchange
carrier service are small entities that may be affected by the rules
adopted.
78. Incumbent LECs. Neither the Commission nor the SBA has
developed a small business size standard specifically for incumbent
local exchange services. The closest applicable NAICS Code category is
Wired Telecommunications Carriers as defined above. Under that size
standard, such a business is small if it has 1,500 or fewer employees.
According to Commission data, 3,117 firms operated in that year. Of
this total, 3,083 operated with fewer than 1,000 employees.
Consequently, the Commission estimates that most providers of incumbent
local exchange service are small businesses that may be affected by the
rules and policies adopted. Three hundred and seven (307) Incumbent
Local Exchange Carriers reported that they were incumbent local
exchange service providers. Of this total, an estimated 1,006 have
1,500 or fewer employees.
79. Competitive Local Exchange Carriers (Competitive LECs),
Competitive Access Providers (CAPs), Shared-Tenant Service Providers,
and Other Local Service Providers. Neither the Commission nor the SBA
has developed a small business size standard specifically for these
service providers. The appropriate NAICS Code category is Wired
Telecommunications Carriers, as defined above. Under that size
standard, such a business is small if it has 1,500 or fewer employees.
U.S. Census data for 2012 indicate that 3,117 firms operated during
that year. Of that number, 3,083 operated with fewer than 1,000
employees. Based on this data, the Commission concludes that the
majority of Competitive LECS, CAPs, Shared-Tenant Service Providers,
and Other Local Service Providers, are small entities. According to
Commission data, 1,442 carriers reported that they were engaged in the
provision of either competitive local exchange services or competitive
access provider services. Of these 1,442 carriers, an estimated 1,256
have 1,500 or fewer employees. In addition, 17 carriers have reported
that they are Shared-Tenant Service Providers, and all 17 are estimated
to have 1,500 or fewer employees. Also, 72 carriers have reported that
they are Other Local Service Providers. Of this total, 70 have 1,500 or
fewer employees. Consequently, based on internally researched FCC data,
the Commission estimates that most providers of competitive local
exchange service, competitive access providers, Shared-Tenant Service
Providers, and Other Local Service Providers are small entities.
80. We have included small incumbent LECs in this present RFA
analysis. As noted above, a ``small business'' under the RFA is one
that, inter alia, meets the pertinent small business size standard
(e.g., a telephone communications business having 1,500 or fewer
employees), and ``is not dominant in its field of operation.'' The
SBA's Office of Advocacy contends that, for RFA purposes, small
incumbent LECs are not dominant in their field of operation because any
such dominance is not ``national'' in scope. We have therefore included
small incumbent LECs in this RFA analysis, although we emphasize that
this RFA action has no effect on Commission analyses and determinations
in other, non-RFA contexts.
81. Interexchange Carriers (IXCs). Neither the Commission nor the
SBA has developed a definition for Interexchange Carriers. The closest
NAICS Code category is Wired Telecommunications Carriers as defined
above. The applicable size standard under SBA rules is that such a
business is small if it has 1,500 or fewer employees. U.S. Census data
for 2012 indicates that 3,117 firms operated during that year. Of that
number, 3,083 operated with fewer than 1,000 employees. According to
internally developed Commission data, 359 companies reported that their
primary telecommunications service activity was the provision of
interexchange services. Of this total, an estimated 317 have 1,500 or
fewer employees.
[[Page 55981]]
Consequently, the Commission estimates that the majority of IXCs are
small entities that may be affected by our proposed rules.
82. Local Resellers. The SBA has developed a small business size
standard for the category of Telecommunications Resellers. The
Telecommunications Resellers industry comprises establishments engaged
in purchasing access and network capacity from owners and operators of
telecommunications networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households. Establishments in this industry resell telecommunications;
they do not operate transmission facilities and infrastructure. Mobile
virtual network operators (MVNOs) are included in this industry. Under
that size standard, such a business is small if it has 1,500 or fewer
employees. Census data for 2012 show that 1,341 firms provided resale
services during that year. Of that number, all operated with fewer than
1,000 employees. Thus, under this category and the associated small
business size standard, the majority of these prepaid calling card
providers can be considered small entities.
83. Toll Resellers. The Commission has not developed a definition
for Toll Resellers. The closest NAICS Code Category is
Telecommunications Resellers. The Telecommunications Resellers industry
comprises establishments engaged in purchasing access and network
capacity from owners and operators of telecommunications networks and
reselling wired and wireless telecommunications services (except
satellite) to businesses and households. Establishments in this
industry resell telecommunications; they do not operate transmission
facilities and infrastructure. Mobile virtual network operators (MVNOs)
are included in this industry. The SBA has developed a small business
size standard for the category of Telecommunications Resellers. Under
that size standard, such a business is small if it has 1,500 or fewer
employees. Census data for 2012 show that 1,341 firms provided resale
services during that year. Of that number, 1,341 operated with fewer
than 1,000 employees. Thus, under this category and the associated
small business size standard, the majority of these resellers can be
considered small entities. According to Commission data, 881 carriers
have reported that they are engaged in the provision of toll resale
services. Of this total, an estimated 857 have 1,500 or fewer
employees. Consequently, the Commission estimates that the majority of
toll resellers are small entities.
84. Other Toll Carriers. Neither the Commission nor the SBA has
developed a definition for small businesses specifically applicable to
Other Toll Carriers. This category includes toll carriers that do not
fall within the categories of interexchange carriers, operator service
providers, prepaid calling card providers, satellite service carriers,
or toll resellers. The closest applicable NAICS Code category is for
Wired Telecommunications Carriers as defined above. Under the
applicable SBA size standard, such a business is small if it has 1,500
or fewer employees. Census data for 2012 shows that there were 3,117
firms that operated that year. Of this total, 3,083 operated with fewer
than 1,000 employees. Thus, under this category and the associated
small business size standard, the majority of Other Toll Carriers can
be considered small. According to internally developed Commission data,
284 companies reported that their primary telecommunications service
activity was the provision of other toll carriage. Of these, an
estimated 279 have 1,500 or fewer employees. Consequently, the
Commission estimates that most Other Toll Carriers are small entities
that may be affected by rules adopted pursuant to the Second Further
Notice.
85. Prepaid Calling Card Providers. The SBA has developed a
definition for small businesses within the category of
Telecommunications Resellers. Under that SBA definition, such a
business is small if it has 1,500 or fewer employees. According to the
Commission's Form 499 Filer Database, 500 companies reported that they
were engaged in the provision of prepaid calling cards. The Commission
does not have data regarding how many of these 500 companies have 1,500
or fewer employees. Consequently, the Commission estimates that there
are 500 or fewer prepaid calling card providers that may be affected by
the rules.
86. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census data for 2012 show that there were 967 firms that operated for
the entire year. Of this total, 955 firms had employment of 999 or
fewer employees and 12 had employment of 1000 employees or more. Thus
under this category and the associated size standard, the Commission
estimates that the majority of wireless telecommunications carriers
(except satellite) are small entities.
87. The Commission's own data--available in its Universal Licensing
System--indicate that, as of October 25, 2016, there are 280 Cellular
licensees that will be affected by our actions today. The Commission
does not know how many of these licensees are small, as the Commission
does not collect that information for these types of entities.
Similarly, according to internally developed Commission data, 413
carriers reported that they were engaged in the provision of wireless
telephony, including cellular service, Personal Communications Service,
and Specialized Mobile Radio Telephony services. Of this total, an
estimated 261 have 1,500 or fewer employees, and 152 have more than
1,500 employees. Thus, using available data, we estimate that the
majority of wireless firms can be considered small.
88. Wireless Communications Services. This service can be used for
fixed, mobile, radiolocation, and digital audio broadcasting satellite
uses. The Commission defined ``small business'' for the wireless
communications services (WCS) auction as an entity with average gross
revenues of $40 million for each of the three preceding years, and a
``very small business'' as an entity with average gross revenues of $15
million for each of the three preceding years. The SBA has approved
these definitions.
89. Wireless Telephony. Wireless telephony includes cellular,
personal communications services, and specialized mobile radio
telephony carriers. As noted, the SBA has developed a small business
size standard for Wireless Telecommunications Carriers (except
Satellite). Under the SBA small business size standard, a business is
small if it has 1,500 or fewer employees. According to Commission data,
413 carriers reported that they were engaged in wireless telephony. Of
these, an estimated 261 have 1,500 or fewer employees and 152 have more
than 1,500 employees. Therefore, a little less than one third of these
entities can be considered small.
90. Cable and Other Subscription Programming. This industry
comprises establishments primarily engaged in operating studios and
facilities for the broadcasting of programs on a
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subscription or fee basis. The broadcast programming is typically
narrowcast in nature (e.g., limited format, such as news, sports,
education, or youth-oriented). These establishments produce programming
in their own facilities or acquire programming from external sources.
The programming material is usually delivered to a third party, such as
cable systems or direct-to-home satellite systems, for transmission to
viewers. The SBA has established a size standard for this industry
stating that a business in this industry is small if it has 1,500 or
fewer employees. The 2012 Economic Census indicates that 367 firms were
operational for that entire year. Of this total, 357 operated with less
than 1,000 employees. Accordingly we conclude that a substantial
majority of firms in this industry are small under the applicable SBA
size standard.
91. Cable Companies and Systems (Rate Regulation). The Commission
has developed its own small business size standards for the purpose of
cable rate regulation. Under the Commission's rules, a ``small cable
company'' is one serving 400,000 or fewer subscribers nationwide.
Industry data indicate that there are currently 4,600 active cable
systems in the United States. Of this total, all but eleven cable
operators nationwide are small under the 400,000-subscriber size
standard. In addition, under the Commission's rate regulation rules, a
``small system'' is a cable system serving 15,000 or fewer subscribers.
Current Commission records show 4,600 cable systems nationwide. Of this
total, 3,900 cable systems have fewer than 15,000 subscribers, and 700
systems have 15,000 or more subscribers, based on the same records.
Thus, under this standard as well, we estimate that most cable systems
are small entities.
92. Cable System Operators (Telecom Act Standard). The
Communications Act also contains a size standard for small cable system
operators, which is ``a cable operator that, directly or through an
affiliate, serves in the aggregate fewer than 1 percent of all
subscribers in the United States and is not affiliated with any entity
or entities whose gross annual revenues in the aggregate exceed
$250,000,000.'' There are approximately 52,403,705 cable video
subscribers in the United States today. Accordingly, an operator
serving fewer than 524,037 subscribers shall be deemed a small operator
if its annual revenues, when combined with the total annual revenues of
all its affiliates, do not exceed $250 million in the aggregate. Based
on available data, we find that all but nine incumbent cable operators
are small entities under this size standard. The Commission neither
requests nor collects information on whether cable system operators are
affiliated with entities whose gross annual revenues exceed $250
million. Although it seems certain that some of these cable system
operators are affiliated with entities whose gross annual revenues
exceed $250 million, we are unable at this time to estimate with
greater precision the number of cable system operators that would
qualify as small cable operators under the definition in the
Communications Act.
93. All Other Telecommunications. ``All Other Telecommunications''
is defined as follows: This U.S. industry is comprised of
establishments that are primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing Internet services or voice over Internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry. The SBA has developed a
small business size standard for ``All Other Telecommunications,''
which consists of all such firms with gross annual receipts of $32.5
million or less. For this category, census data for 2012 show that
there were 1,442 firms that operated for the entire year. Of these
firms, a total of 1,400 had gross annual receipts of less than $25
million. Consequently, we estimate that the majority of All Other
Telecommunications firms are small entities that might be affected by
our action.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
94. This NPRM proposes changes to, and seeks comment on, Commission
rules on Local Number Portability Administration, and Nationwide Number
Portability (NNP). The NPRM seeks to amend our rules by removing the N-
1 query requirement and proposes to forbear from remaining
interexchange dialing parity requirements of section 251(b)(3). The
objectives of the proposed modifications are to remove impediments to
NNP. As the NPRM seeks comment on rule withdrawal and forbearance, we
therefore do not adopt new reporting, recordkeeping, or other
compliance requirements.
95. As reported in the Final Regulatory Flexibility Analysis (1996
FRFA) of the 1996 order instituting the dialing parity rules, the
compliance requirements of the Section 251 dialing parity rules include
``dialing-parity specific software, hardware, signaling system upgrades
and necessary consumer education.'' Such compliance entailed the ``use
of engineering, technical, operational, and accounting skills.'' We
seek comment on whether withdrawing these proposed rules will enable
LECs, including small entities, to reduce or eliminate these costs via
a lesser compliance burden.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
96. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rules for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.
97. The 1996 FRFA states that the dialing parity provisions allowed
``LECs and competing providers of telephone toll service'' including
small entities ``to not be subject to an array of differing state
standards and timetables requiring them to research and tailor their
operations to the unique requirements of each state.'' We seek comment
as to the extent all LECs, including small entities, will be
economically impacted by the removal of nationwide provisions.
98. The 1996 FRFA also explains that as result of the dialing
parity rules, a carrier could not automatically designate itself as a
``toll carrier without notifying the customer of the opportunity to
choose an alternative carrier, one or more of which may be a small
business.'' We seek comment as to any additional economic burden
incurred by small entities as a result of the withdrawal of the dialing
parity rule.
[[Page 55983]]
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
99. None.
VII. Procedural Matters
A. Deadlines and Filing Procedures
100. Pursuant to sections 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document in Dockets WC 17-244, and WC 13-97. Comments may be filed
using the Commission's Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking 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. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
[ssquf] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington DC 20554.
[ssquf] People With Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to fcc504@fcc.gov or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
101. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
Rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
B. Initial Regulatory Flexibility Analysis
102. Pursuant to the Regulatory Flexibility Act (RFA), the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities of
the policies and actions considered in this Notice of Proposed
Rulemaking. The text of the IRFA is set forth in Appendix B. Written
public comments are requested on this IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for comment
on the Notice of Proposed Rulemaking. The Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, will send a
copy of this Notice of Proposed Rulemaking, including the IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration (SBA).
C. Paperwork Reduction Act
103. This document may contain proposed new or modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget (OMB) to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. In addition,
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, we seek specific comment on how we might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
D. Contact Persons
104. For further information about this proceeding, please contact
Sherwin Siy, FCC Wireline Competition Bureau, Competition Policy
Division, Room 5-C225, 445 12th Street SW., Washington, DC 20554, (202)
418-2783, Sherwin.Siy@fcc.gov.
VIII. Ordering Clauses
105. Accordingly, it is ordered, pursuant to sections 1, 4(i), 10,
201(b), and 251(e) of the Communication Act of 1934, as amended, 47
U.S.C. 151, 154(i), 160, 201(b), and 251(e) that this Notice of
Proposed Rulemaking and Notice of Inquiry is adopted.
106. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 51
Interconnection.
47 CFR Part 52
Numbering.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons set forth above, The Federal Communications
Commission proposes to amend parts 51 and 52 of Title 47 of the Code of
Federal Regulations as follows:
[[Page 55984]]
PART 51--INTERCONNECTION
0
1. The authority citation for part 51 continues to read as follows:
Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 220, 225-27,
251-54, 256, 271, 303(r), 332, 1302.
Subpart C--Obligations of All Local Exchange Carriers
0
2. Amend Sec. 51.205 by revising it to read as follows:
Sec. 51.205 Dialing parity: General.
A local exchange carrier (LEC) shall provide local dialing parity
to competing providers of telephone exchange service, with no
unreasonable dialing delays. Dialing parity shall be provided for
originating telecommunications services that require dialing to route a
call.
0
3. Remove Sec. 51.209.
Sec. 51.209 [Removed]
Remove Sec. 51.209.
0
4. Remove Sec. 51.213
Sec. 51.213 [Removed]
Remove Sec. 51.213.
0
5. Remove Sec. 51.215.
Sec. 51.215 [Removed]
Remove Sec. 51.215.
PART 52--NUMBERING
0
6. The authority citation for part 52 continues to read as follows:
Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066, as amended; 47
U.S.C. 151, 152, 154 and 155 unless otherwise noted. Interpret or
apply secs. 3, 4, 201-05, 207-09, 218, 225-27, 251-52, 271 and 332,
48 Stat. 1070, as amended, 1077; 47 U.S.C. 153, 154, 201-05, 207-09,
218, 225-27, 251-52, 271 and 332 unless otherwise noted.
Subpart C--Number Portability
0
7. In Sec. 52.26 revise paragraph (a) to read as follows:
Sec. 52.26 NANC Recommendations on Local Number Portability
Administration.
(a) Local number portability administration shall comply with the
recommendations of the North American Numbering Council (NANC) as set
forth in the report to the Commission prepared by the NANC's Local
Number Portability Administration Selection Working Group, dated April
25, 1997 (Working Group Report) and its appendices, which are
incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part
51. Except that: Sections 7.8 and 7.10 of Appendix D and the following
portions of Appendix E: Section 7, Issue Statement I of Appendix A, and
Appendix B in the Working Group Report are not incorporated herein.
* * * * *
[FR Doc. 2017-25458 Filed 11-24-17; 8:45 am]
BILLING CODE 6712-01-P