[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Proposed Rules]
[Pages 56140-56141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28678]
[[Page 56140]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 52 and 64
[CC Docket No. 92-237; FCC 97-386]
Administration of the North American Numbering Plan, Carrier
Identification Codes (CICs)
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On October 22, 1997, the Commission released a Second Further
Notice of Proposed Rulemaking (Second FNPRM) addressing carrier
identification codes (CICs). The Second FNPRM is intended to obtain
comment on issues related to conversion of local exchange carrier (LEC)
switches to provide equal access and to accept four-digit CIcs. The
Commission concurrently released a Order on Reconsideration and an
Order on Application for Review in the same docket.
DATES: Comments must be filed on or before December 8, 1997, and reply
comments must be filed on or before January 12, 1998.
ADDRESSES: Federal Communications Commission, Secretary, Room 222, 1919
M Street, N.W., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Elizabeth Nightingale, Attorney,
Network Services Division, Common Carrier Bureau, (202) 418-2352.
SUPPLEMENTARY INFORMATION: This summarizes the Commission's Second
Further Notice of Proposed Rulemaking in the matter of Administration
of the North American Numbering Plan, Carrier Identification Codes
(CICs), CC Docket No. 92-237, adopted October 20, 1997, and released
October 22, 1997. The file is available for inspection and copying
during the weekday hours of 9 a.m. to 4:30 p.m. in the Commission's
Reference Center, Room 239, 1919 M St., N.W., Washington D.C., or
copies may be purchased from the Commission's duplicating contractor,
ITS, Inc., 1231 20th Street, N.W., Washington, D.C. 20036, phone (202)
857-3800.
Initial Regulatory Flexibility Act Analysis
The Commission has prepared an Initial Regulatory Flexibility
Analysis (IRFA) of the expected economic impact on small entities by
the policies and proposals in this Second FNPRM. The Commission
solicited written public comments on the IRFA, which must be filed by
the deadlines for the submission of comments in this proceeding.
Need for and Objectives of Proposed Rules
Inquiries by Commission staff regarding the status of LEC
conversion to accept four-digit CICs reveal that some independent
incumbent LECs in rural and isolated areas do not provide equal access.
The Commission recognizes that a requirement that all LEC end office
switches be upgraded to accept four-digit CICs by January 1, 1998, may
have the unintended effect of requiring those LECs that have never
received a bona fide request for equal access, or that are not subject
to a specific timetable for providing equal access, nonetheless to
upgrade their end offices to offer equal access by January 1, 1998. The
Commission notes that such a requirement would modify the Commission's
equal access implementation schedule for non-GTE independent telephone
companies. The Commission tentatively concludes that requiring LECs
whose end offices are equipped with SPC switches to upgrade their
facilities to enable them to offer equal access, even if they have not
received a request for equal access, and LECs whose end offices are
equipped with non-SPC switches to convert their facilities to provide
equal access, is not inconsistent with the Commission's general goal,
expressed in the Independent Telephone Company Equal Access Report and
Order (50 FR 15547, published April 19, 1985), that equal access occur
as soon as practicable, regardless of whether a request has been made
for equal access, and regardless of the type of switch with which an
end office is equipped.
Legal Basis
Authority for actions proposed in this Second FNPRM may be found
in: Sections 1, 4(i) and (j), 201-205, 218 and 251(e)(1) of the
Communications Act of 1934 as amended, 47 U.S.C. Sections 151, 154(i),
154(j), 201-205, 218 and 251(e)(1).
Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
The proposal made by the Commission in this Second FNPRM will apply
to local exchange carriers. The IRFA seeks comment on whether other
entities should be included in our final regulatory flexibility
analysis. We estimate that there are fewer than 1,347 small incumbent
LECs that may be affected by the proposal in this Second FNPRM.
Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
The proposal in the Second FNPRM, if adopted, would require that
LECs with SPC switches that have not received a bona fide request for
equal access should upgrade their facilities to provide equal access
and to accept four-digit CICs within three years of the effective date
of an Order adopted in this proceeding. The proposal also would require
that LECs whose end offices are equipped with non-SPC switches should
provide equal access and convert their switches to accept four-digit
CICs when they next replace their switching facilities.
Steps Taken to Minimize Economic Impact on Small Entities and
Significant Alternatives Considered
In the Second FNPRM, the Commission seeks to gather relevant
information from all interested parties, including small business
entities, about the effect of requiring equal access conversion, even
by those LECs that have not received a request for it, or whose end
offices are not equipped with SPC switches. The Second FNPRM asks that
commenters opposed to our tentative conclusion suggest alternatives. In
addition, in the IRFA, the Commission tentatively concludes that the
proposals in the Second FNPRM would impose minimum burdens on small
entities, especially given that: (1) the Commission, in the Independent
Telephone Company Equal Access Report and Order, adopted over twelve
years ago, expressed a general desire that equal access occur as soon
as practicable, regardless of whether a request has been made for equal
access, and regardless of the type of switch with which an end office
is equipped, and stated that where generic software is available, the
telephone company should endeavor to make the necessary conversions in
less than three years; and (2) the responses to inquiries by Commission
staff indicate that the four-digit CIC software generally is included
in equal access software packages developed since 1995. The IRFA seeks
comment on this tentative conclusion.
Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Analysis of Proceeding
1. The Commission's inquiries regarding the status of LEC
conversion to accept four-digit CICs reveal that some independent
incumbent LECs in rural and isolated areas do not provide
[[Page 56141]]
equal access. Some of those LECs' end offices are equipped with SPC
switches, but the LECs have never received a bona fide request to
provide equal access. In other instances, the LECs' end offices are not
equipped with SPC switches and, therefore, the LECs are not required to
convert to equal access according to a specific timetable, even if a
LEC received a reasonable request for equal access. The Commission
acknowledged, therefore, that a requirement that all LEC end office
switches be upgraded to accept four-digit CICs by January 1, 1998, may
have the unintended effect of requiring those LECs that have never
received a bona fide request for equal access or that are not subject
to a specific timetable for providing equal access nonetheless to
upgrade their end offices to offer equal access by January 1, 1998.
Such a requirement would modify the Commission's equal access
implementation schedule for non-GTE independent telephone companies,
set by the 1985 Independent Telephone Company Equal Access Report and
Order. More than twelve years have passed since the adoption of the
Independent Telephone Company Equal Access Report and Order. The Second
FNPRM therefore tentatively concludes that all LEC end offices,
including those LECs whose end offices are equipped with SPC switches,
but have not received a bona fide request for equal access and those
LECs whose end offices are equipped with non-SPC switches, should
nevertheless be required to provide equal access. This requirement also
would apply to LECs who may have received a waiver of the Commission's
equal access rules, to the extent those waivers remain in place. The
Second FNPRM tentatively concludes that LECs with SPC switches that
have not received a bona fide request for equal access should be
required to upgrade their facilities to provide equal access and to
accept four-digit CICs within three years of the effective date of an
Order adopted in this proceeding. The Second FNPRM further tentatively
concludes that LECs whose end offices are equipped with non-SPC
switches should be required to provide equal access and to convert
their switches to accept four-digit CICs when they next replace their
switching facilities. The Second FNPRM tentatively concludes that
requiring LECs whose end offices are equipped with SPC switches to
upgrade their facilities to enable them to offer equal access, even if
they have not received a request for equal access, and LECs whose end
offices are equipped with non-SPC switches to convert their facilities
to provide equal access, is not inconsistent with the Commission's
general goal, expressed in the Independent Telephone Company Equal
Access Report and Order, that equal access occur as soon as
practicable, regardless of whether a request has been made for equal
access, and regardless of the type of switch with which an end office
is equipped. Moreover, the Commission stated, in the Independent
Telephone Company Equal Access Report and Order, that where generic
software is available, the telephone company should endeavor to make
the necessary conversions in less than three years. The Second FNPRM
notes that the responses to inquiries by Commission staff indicate that
the four-digit CIC software generally is included in equal access
software packages developed since 1995. The Commission indicated that
commenters that oppose the tentative conclusion should discuss why a
twelve year period of time in which to convert to provide equal access
has been insufficient and should propose specific alternatives to the
Commission's proposal.
Ordering Clauses
2. It is further ordered, pursuant to Sections 1, 4(i) and (j),
201-205, 218 and 251(e)(1) of the Communications Act as amended, 47
U.S.C. Sections 151, 154(i), 154(j), 201-205, 218 and 251(e)(1), that
the Second Further Notice of Proposed Rulemaking is hereby ADOPTED.
3. It is further ordered that the Commission's Office of Managing
Director shall send a copy of the Second Further Notice of Proposed
Rulemaking, including the Initial Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 52
Local exchange carrier, Numbering, Telecommunications.
47 CFR Part 64
Communications common carriers, Telephone.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-28678 Filed 10-28-97; 8:45 am]
BILLING CODE 6712-01-U
