[Federal Register: February 13, 2003 (Volume 68, Number 30)]
[Rules and Regulations]
[Page 7323]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe03-5]
[[Page 7323]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 52
[CC Docket No. 95-116; DA 03-211]
Petition for Declaratory Ruling That Wireline Carriers Must
Provide Portability to Wireless Carriers Operating Within Their Service
Areas
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for declaratory ruling.
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SUMMARY: The Commission seeks comment on a petition for declaratory
ruling from the Cellular Telecommunications & Internet Association
(CTIA) asking the Commission to rule that wireline carriers are
obligated to provide portability of their customers' telephone numbers
to wireless carriers whose service area overlaps the wireline carriers'
rate centers.
DATES: Comments are due on or before February 26, 2003, and reply
comments are due on or before March 13, 2003
FOR FURTHER INFORMATION CONTACT: Jennifer Salhus, Attorney, (202) 418-
1310.
SUPPLEMENTARY INFORMATION:
1. On January 23, 2003, the Cellular Telecommunications & Internet
Association filed a Petition for Declaratory Ruling (Petition), asking
the Commission to rule that wireline carriers are obligated to provide
portability of their customers' telephone numbers to Commercial Mobile
Radio Service (CMRS) providers whose service area overlaps the wireline
carriers' rate centers. CTIA contends that some local exchange carriers
(LECs) have narrowly construed the number portability obligations (as
found at 47 CFR 52.23 and 52.31) with regard to CMRS providers, taking
the position that portability is required only where CMRS providers
have established a presence in the landline rate center where customers
seek to port numbers from the LEC to CMRS providers.
2. We seek comment on the issues raised in the Petition. Interested
parties may file comments on or before February 26, 2003. Reply
comments are due March 13, 2003. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS) or by filing paper
copies. Comments and reply comments should be filed in the docket
number, CC Docket No. 95-116.
3. This is a ``permit but disclose'' proceeding pursuant to Sec.
1.1206 of the Commission's Rules. Ex parte presentations that are made
with respect to the issues involved in the Petition will be allowed but
must be disclosed in accordance with the requirements of Sec.
1.1206(b) of the Commission's Rules.
4. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
Generally, only one copy of an electronic submission must be filed. In
completing the transmittal screen, filing parties should include their
full name, Postal Service mailing address, and the applicable docket
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, parties should
send an e-mail to ecfs@fcc.gov, and should include the following words
in the body of the message, ``get form .'' A sample form and directions will be sent in
reply. Commenters also may obtain a copy of the ASCII Electronic
Transmittal Form (FORM-ET) at http://www.fcc.gov/e-file/email.html.
5. Parties who choose to file by paper must file an original and
four copies of each filing. Each filing should include the applicable
docket number. Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). The Commission's contractor,
Vistronix, Inc., will receive hand-delivered or messenger-delivered
paper filings for the Commission's Secretary at 236 Massachusetts
Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this
location are 8 a.m. to 7 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building. Commercial overnight mail (other than
U.S. Postal Service Express Mail and Priority Mail) must be sent to
9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service
first-class mail, Express Mail, and Priority Mail should be addressed
to 445 12th Street, SW., Washington, DC 20554. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission. In addition, a diskette copy should
be sent to the Commission's copy contractor, Qualex International,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
telephone (202) 863-2893, facsimile (202) 863-2898, or via e-mail to
qualexint@aol.com.
6. The full text of the Petition and responsive comments will be
available electronically on the Commission's ECFS under CC Docket No.
95-116. In addition, copies of these documents are available for public
inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. Documents may also be purchased from the
Commission's duplicating contractor. Alternative formats (computer
diskette, large print, audio recording and Braille) are available to
persons with disabilities by contacting Brian Millin, of the Consumer
and Governmental Affairs Bureau, at (202) 418-7426 (voice) or (202)
418-7365 (TTY), or at bmillin@fcc.gov. This Public Notice can also be
downloaded in Text and ASCII formats at: http://www.fcc.gov/cib/dro.
For further information concerning this proceeding, contact Jennifer
Salhus, Policy Division, Wireless Telecommunications Bureau, at (202)
418-1310 (voice), Pam Slipakoff, at (202) 418-1500 (voice), or (202)
418-1169 (TTY).
Federal Communications Commission.
James D. Schlichting,
Deputy Chief, Wireless Telecommunications Bureau.
[FR Doc. 03-3136 Filed 2-12-03; 8:45 am]
BILLING CODE 6712-01-P