[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7737-7739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4632]
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[[Page 7738]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 61
[CC Docket No. 95-155; DA 96-69]
Toll Free Service Access Codes
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Report and Order resolves certain issues essential to the
industry opening the 888 toll free service access code (``SAC'') on
March 1, 1996. The Report and Order adopted by the Common Carrier
Bureau of the FCC, identifies which numbers in the 888 Service Access
Code (``SAC'') will become generally available for reservation on
February 10, 1996 and establishes limits on how many 888 and 800
numbers each Responsible Organization (``RespOrg'') may reserve so as
to not overload the system and interrupt the reservation process. For
tariffing purposes, the Report and Order concludes that toll free
service using the 888 SAC is functionally equivalent to toll free
service that uses the 800 SAC. The introduction of the 888 SAC for toll
free calling is determined to be an expansion of the universe of toll
free numbers brought on by an increase in the demand for toll free
services and is considered to be similar to an increase in network
capacity. Local exchange carriers (``LECs'') are, therefore, not
allowed to treat the costs and investments associated with the
introduction of the 888 SAC exogenously under price caps.
EFFECTIVE DATE: January 25, 1996.
FOR FURTHER INFORMATION CONTACT: Irene Flannery, (202) 418-2373; Mary
DeLuca (202) 418-2344; Bradley S. Wimmer (202) 418-2351 Network
Services Division, Common Bureau.
SUPPLEMENTARY INFORMATION: This document summarizes the Bureau's Report
and Order In the Matter of Toll Free Service Access Codes (CC Docket
95-155, adopted January 24, 1996, and released January 25, 1996, DA 96-
69). The file is available for inspection and copying during the
weekday hours of 9:00 a.m. to 4:30 p.m. in the Commission's Reference
Center, room 239, 1919 M Street, N.W., Washington, D.C., or copies may
be purchased from the Commission's duplicating contractor, ITS, Inc.,
2100 M Street, N.W., Suite 140, Washington, D.C. 20037, phone (202)
857-3800.
Paperwork Reduction Act
The Report and Order contains no requests for data and, therefore,
does not require review by the Office of Management and Budget under
the Paperwork Reduction Act of 1995.
Analysis of Proceeding
Background
In October 1995, the Commission initiated a rulemaking proceeding
to ensure that in the future, toll free numbers are allocated on a
fair, equitable and orderly basis. Generally, the Notice sought comment
on proposals to: (1) promote the efficient use of toll free numbers;
(2) foster the fair and equitable reservation and distribution of toll
free numbers; (3) smooth the transition period preceding introduction
of a new toll free code; (4) guard against warehousing of toll free
numbers; and (5) determine how toll free vanity numbers should be
treated. (CC Docket No. 95-155, FCC 95-419, 60 FR 53157, October 12,
1995) That Notice was issued in response to industry reports that the
existing pool of toll free numbers were being consumed at a rate that
would exhaust the supply of toll free numbers in the 800 Service Access
Code (``SAC'') before the 888 SAC would be deployed. On January 24,
1996, the Commission released an Order (CC Docket No. 95-155, adopted
January 23, 1996, FCC 96-18) that delegated to the Chief of the Common
Carrier Bureau (``Bureau'') the authority to resolve the issues
essential to the industry opening the 888 toll free service access code
(``SAC'') on schedule. Toll free service using the 888 SAC is currently
scheduled to begin on March 1, 1996.
Summary
1. The Report and Order resolves those issues essential to opening
the 888 SAC for toll free calling according to schedule. Specifically,
the Report and Order defers the issue of what permanent protection, if
any, those subscribers with a commercial interest in preventing their
800 number from being replicated in the 888 code will be afforded to
the Commission; concludes that RespOrgs should determine which toll
free subscribers using the 800 SAC will have their 800 numbers
protected from replication in the 888 code during the initial
reservation of 888 numbers; sets the date for which initial reservation
of 888 numbers will begin; sets limitations on the number of numbers
that RespOrgs will be allowed to reserve for both 800 and 888 numbers;
and concludes that the costs incurred by LECs regulated under price
caps to upgrade the 800 database will not be treated as exogenous.
2. In this Order, the Bureau agrees with the SMS/800 Number
Administration Committee (``SNAC'') that RespOrgs should poll their 800
subscribers to determine which numbers subscribers may want replicated
in 888. We expect that RespOrgs will continue this polling process
until February 1, 1996. We direct Database Management Services, Inc.
(``DSMI'') to set aside those 888 numbers identified by the RespOrgs by
placing these ``vanity numbers'' in ``unavailable'' status until we
resolve whether these numbers should be afforded any special right or
protection on a permanent basis. We also conclude that the entire
``888-555'' NXX should be designated as ``unavailable'' until the
Commission resolves those issues that will permit competitive toll free
directory assistance services.
3. The Bureau concludes that first come, first served remains the
most equitable, easily administered, and least expensive means of
allocating toll free numbers. The Order sets February 10, 1996 as the
date for which reservation of 888 toll free numbers will begin. The 888
numbers will be rationed based on a version of the 800 number
conservation plan initiated to delay the complete exhaust of toll free
numbers in the 800 SAC until after the 888 SAC is in use for toll free
calling. The Bureau implements a conservation plan in order to avoid a
system overload that would temporarily interrupt the reservation
process. According to the Bureau's conservation plan, up to 120,000 888
numbers per week may be reserved. The Bureau does not, however, at this
time discontinue the conservation of 800 numbers but, instead,
increases the size of the allocation from 29,000 numbers a week to
73,000 numbers a week for a three week period and then returns to the
29,000 numbers a week allocation plan.
4. For tariffing purposes, the Bureau concludes that toll free
service using the 888 SAC is functionally equivalent to toll free
service that uses the 800 code. Moreover, the Bureau concludes that the
addition of 888 numbers to the universe of toll free numbers is
comparable to an increase in network capacity and, therefore, will not
allow the costs attributable to the implementation of 888 to be treated
as exogenous by carriers regulated under price caps.
Ordering Clauses
Accordingly, IT IS ORDERED that, pursuant to authority contained in
Sections 1, 4, 5, and 201-205 of the Communications Act of 1934, as
amended, 47 U.S.C. Secs. 151, 154, 155, and 201-205, Section 0.201(d)
of the Commission's rules, 47 C.F.R.
[[Page 7739]]
Sec. 0.201(d), this Report and Order is hereby ADOPTED.
IT IS FURTHER ORDERED that, pursuant to 5 U.S.C. Sec. 554(d) and 47
C.F.R. Sec. 1.103(a), this Report and Order shall take effect upon
adoption.
List of Subjects in 47 CFR Part 61
Communication common carriers.
Federal Communications Commission.
John S. Morabito,
Deputy Chief, Network Services Division, Common Carrier Bureau.
[FR Doc. 96-4632 Filed 2-28-96; 8:45 am]
BILLING CODE 6712-01-P
