[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Proposed Rules]
[Pages 5013-5015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2045]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WC Docket No. 07-244; DA 09-2569]


Local Number Portability Porting Interval and Validation 
Requirements; Telephone Number Portability

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Wireline Competition Bureau seeks comment on two proposals 
submitted to the Commission regarding what data fields are necessary in 
order to complete simple wireline-to-wireline and intermodal ports 
within the one business day porting interval mandated by the Federal 
Communications Commission.

DATES: Comments are due on or before February 16, 2010, and reply 
comments are due on or before February 22, 2010. 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 April 2, 2010.

ADDRESSES: You may submit comments, identified by WC Docket No. 07-244, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     E-mail: [email protected], and include the following words in 
the body of the message, ``get form.'' A sample form and directions 
will be sent in response. Include the docket number(s) in the subject 
line of the message.
     Mail: Secretary, Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554.
     Hand Delivery/Courier: FCC Headquarters building located 
at 445 12th Street, SW., Room TW-A325, Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    All submissions received must include the agency name and docket 
numbers for this rulemaking, WC Docket No. 07-244. All comments 
received will be posted without change to http://www.fcc.gov/cgb/ecfs. 
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 e-mail to [email protected] and to Nicholas A. 
Fraser, Office of Management and Budget, via e-mail to [email protected] or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Marilyn Jones, Wireline Competition 
Bureau, (202) 418-2357. For additional information concerning the 
Paperwork Reduction Act information collection requirements contained 
in this document, send an e-mail to [email protected] or contact Judith B. 
Herman at 202-418-0214.

SUPPLEMENTARY INFORMATION: In the Commission's May 13, 2009 Porting 
Interval Order and Further Notice, it sought comment, inter alia, on 
whether different or additional information fields are necessary for 
completing simple ports. On November 2, 2009, the North American 
Numbering Council (NANC) Local Number Portability Administration 
Working Group submitted in this docket a non-consensus recommendation 
for Standard Local Service Request Data Fields, which accompanied the 
NANC's Recommended Plan for Implementation of FCC Order 09-41. The 
recommendation proposes a set of 14 standard fields required to 
complete simple ports within the one business day porting interval for 
simple wireline-to-wireline and intermodal ports mandated by the 
Commission in the Porting Interval Order and Further Notice. On 
November 19, 2009, the National Cable & Telecommunication Association 
(NCTA), Cox Communications, and Comcast Corporation submitted an 
alternative proposal of eight standard fields to complete simple ports 
within the one business day porting interval. We seek comment on these 
proposals. Specifically, we seek comment on what fields are necessary 
in order to complete simple ports--wireline-to-wireline and 
intermodal--within the one business day interval. As we previously 
clarified, entities subject to our LNP obligations may not demand 
information beyond what is required to validate a port request and 
accomplish a port. Thus, commenters should focus on the minimum amount 
of information needed to complete a port in considering what number of 
fields is appropriate.
    The Commission concluded that nine months after the NANC submits 
its recommendation is sufficient time for parties to implement changes 
needed to implement one business day porting for simple wireline-to-
wireline and intermodal port requests. Thus, to expedite the 
Commission's further consideration of the recommendations and 
facilitate implementation within this time frame, interested parties 
may file comments on or before February 16, 2010, and reply comments on 
or before February 22, 2010.
    Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. Comments filed through 
the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic 
submission must be filed. If multiple docket or rulemaking numbers 
appear in the caption of the proceeding, commenters must transmit one 
electronic copy of the comments to each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking numbers. All filings 
concerning this Public Notice should refer to WC Docket No. 07-244. 
Parties may also submit an electronic comment by Internet e-mail. To 
get filing instructions for e-mail comments, commenters should send an 
e-mail to [email protected], and should include the following words in the 
body of the message, ``get form.'' A sample form and directions will be 
sent in reply. Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in

[[Page 5014]]

the caption of this proceeding, commenters must submit two additional 
copies for each additional docket or rulemaking number.
    Paper 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). Parties are strongly encouraged to 
file comments electronically using the Commission's ECFS.
    The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at the 
FCC Headquarters building located at 445 12th Street, SW., Room TW-
A325, Washington, DC 20554.

--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, Marlene H. 
Dortch, Office of the Secretary, Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554. Parties shall also serve one 
copy with the Commission's copy contractor, Best Copy and Printing, 
Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, (202) 488-5300, or via e-mail to [email protected].
    Documents in WC Docket No. 07-244 will be available for public 
inspection and copying during business hours at the FCC Reference 
Information Center, Portals II, 445 12th St., SW., Room CY-A257, 
Washington, DC 20554. The documents may also be purchased from BCPI, 
telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, 
e-mail [email protected].
    To request materials in accessible formats for people with 
disabilities (braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must contain summaries of the substance 
of the presentations and not merely a listing of the subjects 
discussed. More than a one- or two-sentence description of the views 
and arguments presented generally is required. Other requirements 
pertaining to oral and written presentations are set forth in Section 
1.1206(b) of the Commission's rules.

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains proposed information collections 
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. Public and agency comments 
are due April 2, 2010.
    Comments should address: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment 
on how we might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.''
    OMB Control Number: 3060-0742.
    Title: Sections 52.21 through 52.33, Telephone Number Portability 
(47 CFR part 52, subpart C) and CC Docket No. 95-116.
    Form No.: N/A.
    Type of Review: Revision of currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 3,616 respondents; 10,001,890 
responses.
    Estimated Time per Response: 4 minutes (average).
    Frequency of Response: On occasion and one-time reporting 
requirements, recordkeeping requirement and third party disclosure 
requirement.
    Obligation to Respond: Required to obtain or retain benefits.
    Total Annual Burden: 672,516 hours.
    Total Annual Costs: $13,424,320.
    Privacy Act Impact Assessment: No impacts.
    Nature and Extent of Confidentiality: This collection does not 
address information of a confidential nature.
    Needs and Uses: Section 251(b)(2) of the Communications Act of 
1934, as amended (the Act), requires local exchange carriers (LECs) to 
``provide, to the extent technically feasible, number portability in 
accordance with requirements prescribed by the Commission.'' Through 
the local number portability (LNP) process, consumers have the ability 
to retain their phone number when switching telecommunications service 
providers, enabling them to choose a provider that best suits their 
needs and enhancing competition. In the Porting Interval Order and 
Further Notice, the Commission mandated a one business day porting 
interval for simple wireline-to-wireline and intermodal port requests. 
The information collected in the standard local service request data 
fields is necessary to complete simple wireline-to-wireline and 
intermodal ports within the one business day porting interval mandated 
by the Commission and will be used to comply with Section 251 of the 
Telecommunications Act of 1996.
    Part 52, Subpart C implements the statutory requirements that LECs 
and Commercial Mobile Radio Service (CMRS) providers provide LNP as set 
forth in Sections 1, 2, 4, 251, and 332 of the Telecommunications Act 
of 1996. The Commission requires the following information to be 
collected from various entities: (1) Requests for long-term number 
portability; (2) petitions to extend implementation deadline; (3) 
tariffs and cost support materials; and (4) recordkeeping requirement.
    (1) Long-term number portability must be provided by LECs and CMRS 
providers in switches for which another carrier has made a specific 
request for number portability, according to the Commission's 
deployment schedule. Wireline carriers began providing LNP in 1998. In 
a Memorandum Opinion and Order, FCC 02-215, CC Docket No. 95-116, the 
Commission extended the deadline for CMRS providers to offer LNP. CMRS 
providers began offering LNP in 2003.
    (2) Carriers that are unable to meet the deadlines for implementing 
a long-term number portability solution are required to file with the 
Commission at least 60 days in advance of the deadline a petition to 
extend the time by which

[[Page 5015]]

implementation in its network will be completed.
    (3) Incumbent LECs may recover their carrier-specific costs 
directly related to providing long-term number portability by 
establishing in tariffs filed with the Commission certain number 
portability charges. See 47 CFR 52.33. Incumbent LECs are required to 
include many details in their cost support that are unique to the 
number portability proceeding pursuant to the Cost Classification 
Order. For instance, incumbent LECs must demonstrate that any 
incremental overhead costs claimed in their cost support are actually 
new cost incremental to and resulting from the provision of long-term 
number portability. See the Cost Classification Order.
    (4) Incumbent LECs are required to maintain records that detail 
both the nature and specific amount of these carrier-specific costs 
that are directly related to number portability, and those carrier-
specific costs that are not directly related to number portability. The 
information collected and required by the Commission will be used to 
comply with Section 251 of the Telecommunications Act of 1996.

Federal Communications Commission.
Sharon E. Gillett,
Chief, Wireline Competition Bureau.
[FR Doc. 2010-2045 Filed 1-29-10; 8:45 am]
BILLING CODE 6712-01-P