[Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
[Notices]
[Pages 14243-14244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7171]
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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 95-155]
Toll Free Service Access Codes
AGENCY: Federal Communications Commission.
ACTION: Notice; letter.
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SUMMARY: The Common Carrier Bureau has issued a letter ending the 888
right-of-first-refusal process and referring non-compliant RespOrgs to
the Bureau's Enforcement Division. All unclaimed set-aside 888 numbers
(except 888-555-XXXX numbers) will be released into ``spare'' status
and become available to all subscribers on a first come, first served
basis on April 5, 1999.
FOR FURTHER INFORMATION CONTACT: Marty Schwimmer 202-418-2334.
SUPPLEMENTARY INFORMATION: The Bureau's letter follows:
Release Date: March 19, 1999.
Mr. Michael Wade,
President, Database Service Management, Inc., 6 Corporate Place,
Room PYA--1F286, Piscataway, NJ 08854-4157
Re: End of 888 Right-of-First-Refusal Process on April 5, 1999,
Referral of Non-Compliant RespOrgs to Enforcement Division
Dear Mr. Wade: In January 1996, the Bureau directed Database
Service Management, Inc. (DSMI) to set aside, in ``unavailable''
status, toll free 888 numbers that subscribers with corresponding
800 numbers might wish to request, except that 888-555-XXXX numbers
were to remain unavailable because they are associated with
directory assistance.1 In March 1998, the Commission
voted to permit holders of
[[Page 14244]]
corresponding 800 numbers to have a ``right of first refusal'' to
the set-aside 888 numbers.2
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\1\ In the Matter of Toll Free Service Access Codes, Report and
Order, CC Docket No. 95-155, 11 F.C.C.Rcd. 2496, 2509 (1996).
\2\ In the Matter of Toll Free Service Access Codes, Fourth
Report and Order and Memorandum Opinion and Order, CC Docket No. 95-
155, 13 F.C.C. Rcd. 9058 (1998). 888-555-XXXX numbers were not
included in the 888 right-of-first-refusal process.
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The Bureau's letters to you dated April 2 and May 15, 1998,
required Responsible Organizations (RespOrgs)--the entities that
manage and administer subscriber records in the 800 Service
Management System--to notify subscribers of their right of first
refusal to request the 888 numbers that had been set aside for
them.3 By August 21, 1998, RespOrgs were to report to
DSMI those 888 numbers that subscribers requested to activate or
declined to activate, and they were to certify to DSMI that they had
attempted to contact the subscribers having right of first refusal
to all other set-aside 888 numbers by providing to DSMI each
subscriber's name, address, phone number, and the date and means by
which the RespOrg attempted the notification. The May 15 letter
stated that the Bureau would audit the results to ensure that
subscribers received adequate notice from RespOrgs of their right of
first refusal. It concluded that the time for subscribers to
exercise their right of first refusal will end following completion
of the process, when the Bureau directs DSMI to release all
remaining unclaimed ``unavailable'' set-aside 888 numbers into
``spare'' status.
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\3\ Letter from Geraldine A. Matise, Chief, Network Services
Division, Common Carrier Bureau, to Mr. Michael Wade, President,
Database Service Management, Inc., dated April 2, 1998, 63 FR 18422
(Apr. 15, 1998). Letter from Geraldine A. Matise, Chief, Network
Services Division, Common Carrier Bureau, to Mr. Michael Wade,
President, Database Service Management, Inc., dated May 15, 1998, 63
FR 29734 (Jun. 1, 1998).
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The Bureau's letter to you dated November 24, 1998, identified
RespOrgs that apparently did not account for all of their set-aside
888 numbers, because they did not certify that they had attempted to
contact the subscribers who had right of first refusal for 100% of
those numbers.4 The letter required those RespOrgs to
explain, by December 11, 1998, why the required notification process
was not completed and what action they were taking to remedy their
non-compliance. The letter concluded that RespOrgs failing to
provide satisfactory explanation or failing to submit explanations
altogether will be referred to the Common Carrier Bureau's
Enforcement Division for enforcement action, possibly resulting in
forfeiture penalties, decertification as RespOrgs, or further
referral to the Department of Justice to determine whether a fine,
imprisonment, or both are warranted.5
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\4\ Letter from Anna M. Gomez, Chief, Network Services Division,
Common Carrier Bureau, to Mr. Michael Wade, President, Database
Service Management, Inc., dated November 24, 1998, 63 FR 67483 (Dec.
7, 1998).
\5\ 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).
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This letter now ends the 888 right-of-first-refusal process.
Approximately 370,000 toll free 888 numbers were set aside under the
Commission's right-of-first-refusal policy. In compliance with the
required procedures, RespOrgs have reported that they notified the
subscribers having right of first refusal to approximately 90% of
the set-aside 888 numbers. RespOrgs that failed to comply with the
procedures are being referred at this time to the Bureau's
Enforcement Division.
Therefore, DSMI is directed, beginning at noon and ending by
6:00 pm EST on April 5, 1999, to release all remaining unclaimed
``unavailable'' set-aside 888 numbers (except 888-555-XXXX numbers)
into ``spare'' status. At that time, those numbers will become
available to all subscribers on a first come, first served basis.
The Commission will publish notice of this letter in the Federal
Register and post it on the Commission's Internet site at
www.fcc.gov, so that the public may know in advance when all
remaining set-aside 888 numbers will become available. DSMI is also
directed to forward a copy of this letter to all RespOrgs.
Sincerely,
Lawrence E. Strickling,
Chief, Common Carrier Bureau.
Federal Communications Commission.
Kurt A. Schroeder,
Deputy Chief, Network Services Division, Common Carrier Bureau.
[FR Doc. 99-7171 Filed 3-23-99; 8:45 am]
BILLING CODE 6712-01-P
