[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Notices]
[Pages 67483-67484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32458]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 95-155]
Toll Free Service Access Codes
AGENCY: Federal Communications Commission.
ACTION: Notice; letter.
-----------------------------------------------------------------------
SUMMARY: The Network Services Division, Common Carrier Bureau, has
issued a letter stating that 145 RespOrgs failed to report to Database
Service Management, Inc., as required, that they gave notice to all of
their subscribers having right of first refusal for set-aside 888
numbers. By December 11, 1998, these RespOrgs must explain why they
failed to comply with this requirement and must describe their actions
to remedy their non-compliance. RespOrgs that fail to submit
explanations or that fail to provide satisfactory explanations will be
subject to possible forfeiture penalties, decertification as RespOrgs,
or fines, imprisonment, or both.
FOR FURTHER INFORMATION CONTACT: Marty Schwimmer 202-418-2334.
SUPPLEMENTARY INFORMATION: The Bureau's letter is attached.
Federal Communications Commission.
Anna M. Gomez,
Chief, Network Services Division, Common Carrier Bureau.
Attachment
November 24, 1998.
Mr. Michael Wade
President, Database Service Management, Inc.
6 Corporate Place
Room PYA--1F286
Piscataway, NJ 08854-4157
Re: RespOrg non-compliance with the set-aside 888 number right-of-
first-refusal process--Requirement for specified RespOrgs to submit
letters of explanation by December 11, 1998
Dear Mr. Wade: The Bureau's letter to you dated April 15, 1998,
initiated the process for subscribers to exercise their right of
first refusal to request 888 numbers that had been set aside for
them. It required RespOrgs to give notice of this right to their
subscribers. Further, among other things, it required RespOrgs, for
each set-aside 888 number, to submit to DSMI either the subscriber's
request to accept or reject an 888 set-aside number, with
documentation, or certification that the subscriber did not respond
to the notice.
The Bureau's letter to you dated May 15, 1998, extended to
August 21, 1998, the time for RespOrgs to give the required notice
to their subscribers, although it provided that requests received
from subscribers after that date must still be processed. It also
explained that the certification that RespOrgs were required to
provide for subscribers who did not respond must include contact
information containing the subscriber's name, address, and phone
number, as well as the date and means by which the RespOrg notified
the subscriber.
The attachment to this letter summarizes the RespOrgs'
compliance with this process, using information provided by your
staff in response to the Bureau's request. For each of 179 RespOrgs,
the attachment shows the total percentage of requests and
certifications of no response reported to DSMI as of October 5,
1998, based on the RespOrg's initial count of set-aside 888 numbers
as of July 1998. It indicates that only 34 RespOrgs reported
subscriber notification results for all of their set-aside 888
numbers (100%). Of the remaining 145 RespOrgs, 93 reported results
for some but not all of their set-aside 888 numbers (0.1% to 99.7%),
and 52 did not report any results for their set-aside 888 numbers
(0%).
The Commission is concerned that a RespOrg's failure to report
that it gave notice to each of its set-aside 888 number subscribers
may indicate that the RespOrg is operating in defiance of Commission
orders, that it is warehousing set-aside 888 numbers or the
corresponding 800 numbers, or that it has falsely indicated that it
has identified subscribers for those numbers. The Commission stated
last year that it may penalize RespOrgs that warehouse toll free
numbers, by imposing forfeiture penalties on them or referring them
to the Department of Justice to determine whether a fine,
imprisonment, or both are warranted, or may decertify them as
RespOrgs. It also stated that RespOrgs that falsely indicate they
have identified subscribers for particular numbers may be criminally
liable for false statements under Title 18 of the United States
Code. The Commission stated as follows:
``We conclude that the Commission's exclusive jurisdiction over
the portions of the North American Numbering Plan that pertain to
the United States, found at section 251(e)(1) of the Communications
Act, as amended, authorizes the Commission to penalize RespOrgs that
warehouse toll free numbers. We may impose a forfeiture penalty
under section 503(b). In addition, if a person violates a provision
of the Communications Act or a rule or regulation issued by the
Commission under authority of the Communications Act, the Commission
can refer the matter to the Department of Justice to determine
whether a fine, imprisonment, or both are warranted under section
501 or section 502 of the Communications Act. We also may limit any
RespOrg's allocation of toll free numbers or possibly decertify it
as
[[Page 67484]]
a RespOrg under section 251(e)(1) or section 4(i). In addition,
RespOrgs that falsely indicate that they have identified subscribers
for particular numbers may be liable for false statements under
Title 18 of the United States Code. . . .'' (footnotes omitted).
Toll Free Service Access Codes, Second Report and Order and
Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12
F.C.C. Rcd. 11162 (1997).
In light of the above enforcement policy, the Bureau in this
letter directs DSMI to forward a copy of this letter, with the
attachment, to all RespOrgs. With this letter, the Bureau directs
all RespOrgs that have reported less than 100% subscriber results to
submit a letter to the Commission's Common Carrier Bureau, Network
Services Division, by December 11, 1998, explaining why the process
required by the Bureau was not completed as directed. Such RespOrgs
must also describe any action they have taken or are now taking to
remedy this apparent non-compliance with their legal obligations.
The names of RespOrgs that fail to provide satisfactory explanation
in their letters or that fail to submit letters altogether will be
referred to the Bureau's Enforcement Division for action in accord
with the Commission's enforcement policy.
Sincerely,
Anna M. Gomez,
Chief, Network Services Division, Common Carrier Bureau.
[FR Doc. 98-32458 Filed 12-4-98; 8:45 am]
BILLING CODE 6712-01-P
