99-15334. Numbering Resource Optimization  

  • [Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
    [Proposed Rules]
    [Pages 32471-32475]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-15334]
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Part 52
    
    [CC Docket No. 99-200; FCC 99-122]
    
    
    Numbering Resource Optimization
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: This document examines a variety of measures intended to 
    increase the efficiency with which telecommunications carriers use 
    telephone numbering resources. The purpose of this effort is two-fold: 
    to slow the rate of number exhaust in this country as evidenced by the 
    ever-increasing rate at which new area codes are assigned; and to 
    prolong the life of the North American Numbering Plan (NANP).
    
    DATES: Comments are to be filed on or before July 30, 1999, and reply 
    comments are due on or before August 30, 1999. Written comments must be 
    submitted by the Office of Management and Budget (OMB) on the proposed 
    information collections on or before August 16, 1999.
    
    ADDRESSES: Federal Communications Commission, Secretary, 445 12th 
    Street, SW, Room TW-B204F, Washington, DC 20554. In addition to filing 
    comments with the Secretary, a copy of any comments on the information 
    collections contained herein should be submitted to Judy Boley, Federal 
    Communications Commission, Room 1-C804, 445 12th Street, SW, 
    Washington, DC 20554, or via the Internet to jboley@fcc.gov, and to 
    Timothy Fain, OMB Desk Officer, 10236 NEOB, 72--17th Street, N.W., 
    Washington, DC 20503 or via the Internet to fain5__t@al.eop.gov.
    
    FOR FURTHER INFORMATION CONTACT: Jared Carlson, (202) 418-2320 or email 
    at jcarlson@fcc.gov or Tejal Mehta at (202) 418-2320 or tmehta@fcc.gov. 
    For additional information concerning the information collections 
    contained in this NPRM contact Judy Boley at 202-418-0214, or via the 
    Internet at jboley@fcc.gov.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
    of Proposed Rulemaking adopted on May 27, 1999, and released on June 2, 
    1999. The full text of this Notice is available for inspection and 
    copying during normal business hours in the FCC Reference Center, 445 
    12th Street, SW, Washington, DC 20554. Comments and reply comments will 
    be available for public inspection during regular business hours in the 
    FCC Reference Center. The complete text may also be obtained through 
    the world wide web, at http:/www.fcc.gov/Bureaus/CommonCarrier/Orders, 
    or may be purchased from the Commission's copy contractor, 
    International Transcription Services, Inc., 1231 20th Street, NW, 
    Washington, DC 20036.
    
    Paperwork Reduction Act
    
        This NPRM contains either a proposed or modified information 
    collection. 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 collections 
    contained in this NPRM, as required by the Paperwork Reduction Act of 
    1995, Public Law 104-13. Public and agency comments are due at the same 
    time as other comments on this NPRM; OMB notification of action is due 
    60 days from date of publication of this NPRM in the Federal Register. 
    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.
        OMB Control No.: None.
        Title: Numbering Resource Optimization, CC Docket No. 99-200.
        Form No.: N/A.
        Type of Review: New collection.
        Respondents: Business or other for-profit entities.
    
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                                                       Total
                                        Estimated      annual       Burden
      Proposed number of collections     time per     response     (Annual)
                                       respondents    (hours)      (hours)
    ------------------------------------------------------------------------
    Verification of Need for Numbers
     Submissions:
        a. Quarterly Report..........         3000           48      144,000
        b. Initial Codes.............         3000            1         3000
        c. Growth Codes..............         3000            3         9000
    ------------------------------------------------------------------------
    
        Frequency of Response: Quarterly; on occasion.
        Total Annual Burden: 156,000 hours.
        Estimated Costs Per Respondent: $0.
        Needs and Uses: In CC Docket No. 99-200, the Commission examines a 
    variety of measures intended to increase the efficiency with which 
    telecommunications carriers use numbering resources in order to slow 
    the rate of number exhaust in this country. The Notice examines 
    existing mechanisms for the administration and allocation of numbering 
    resources, which are governed by industry-developed Central Office Code 
    Guidelines. The Notice proposes certain verification measures designed 
    to prevent carriers from obtaining numbering resources that they do not 
    need in the near term. The Notice tentatively concludes that a more 
    extensive, detailed and uniform reporting mechanism should be developed 
    that will improve numbering utilization and forecasting on a nationwide 
    basis. The Notice tentatively concludes that carriers should report 
    utilization and forecast data on a quarterly basis and that the 
    Commission should mandate that all users of numbering resources must 
    supply utilization and forecast data to the NANPA. With respect to an 
    applicant's ability to obtain initial codes, the Notice seeks comment 
    on what type of showing
    
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    would be appropriate. The Notice seeks comment on whether applicants 
    should be required to make a particular showing regarding the equipment 
    they intend to use to provide service, the state of readiness of their 
    network or switches, or their progress with their business plans, prior 
    to obtaining initial codes, or whether any other type of showing should 
    be required. Applicants for NXX codes currently are required to 
    complete a Months-to-Exhaust Worksheet prior to applying for growth 
    codes. The Notice seeks comment on whether requiring applicants to 
    submit the Months-to-Exhaust Worksheet with an application for growth 
    codes would be an adequate demonstration of need in order to obtain 
    additional numbering resources. Alternatively, the Notice seeks comment 
    on whether carriers should be required to demonstrate that they have 
    achieved a specified level of numbering utilization (or fill rate) in 
    the area in question before they may receive additional numbering 
    resources. All the proposed collections will be used to prevent the 
    premature exhaustion of numbering resources pursuant to the Commissions 
    plenary authority over numbering set forth at 47 U.S.C. Section 251(e).
    
    Synopsis of Notice of Proposed Rulemaking
    
        1. In 1947, AT&T adopted the current nationwide numbering scheme, 
    under which the ten-digit telephone number serves not only as a network 
    ``address,'' but also conveys information to the network as to how 
    phone calls should be routed and billed. A principal benefit of this 
    system was that it permitted automated routing of long-distance phone 
    calls, obviating the need for operators to assist in routing. Under the 
    allocation system that developed to support this system, numbering 
    resources are allocated to local telephone exchange carriers on the 
    basis of physical geography, rather than on the basis of end-user 
    demand for those numbers. That is, typically a large block of numbers 
    is allocated to a carrier for use in a geographic area, even though 
    there may not be end-users assigned to each individual number available 
    in the area. This system worked smoothly so long as only one entity 
    (the local exchange carrier) offered only one type of service (wireline 
    telephony) to customers.
        2. New services using the same numbering system, particularly 
    cellular telephones, began to enter the telecommunications marketplace 
    with increasing frequency beginning in the late 1980's. More recently, 
    the Telecommunications Act of 1996 opened the market for competitive 
    local wireline service, again giving rise to more players entering the 
    market. In addition, many customers are obtaining additional telephone 
    lines to support additional services such as Internet, data, and 
    facsimile services. Because of the relatively recent explosion of 
    market entry and customer demand for new services, as well as the 
    assignment of telephone numbers to multiple service providers in large 
    blocks on a geographic basis, we have witnessed an incredible increase 
    in demand for numbering resources.
        3. Although we are only just beginning to see the benefits of 
    competition in the marketplace for local wireline telephone service, 
    the coincident costs in the form of the rapid exhaust of area codes are 
    already all too apparent. The effect on consumers having to undergo, in 
    some cases, multiple area code changes in relatively short time frames 
    is an unacceptable byproduct of burgeoning competition in the 
    telecommunications marketplace. To illustrate the pace of area code 
    exhaust, consider California, which, at the end of 1992, had thirteen 
    area codes in use. The California Public Utilities Commission projects 
    that by the end of 2002, it will have 41 area codes. When the task of 
    splitting the 323 area code from the 213 area code in the Los Angeles 
    area was completed in April 1999, rather than lasting for ten or even 
    five years, the new area code was immediately declared to be in 
    jeopardy of exhausting its numbering resources.
        4. The goal of this proceeding is to address the underlying drivers 
    of area code exhaust so that consumers are spared the enormous costs 
    and inconveniences associated with the rapid pace of implementation of 
    new area codes. In addition, clearly, implementing new area codes is 
    not a solution that can continue indefinitely. As of the end of 1998, 
    it was estimated that nearly one-third of the total number of 
    geographic area codes assignable to the United States had been put into 
    service. By some projections, the NANP could exhaust within ten years. 
    Because the estimated cost of expanding the NANP is enormous, and the 
    time to effect such an expansion is estimated to be on the order of ten 
    years, the need to extend the life of the current NANP through 
    effective conservation and efficient utilization of numbering resources 
    is apparent and immediate.
        5. This Commission, with input from industry groups, advisory 
    bodies, state public utility commissions and the public, has already 
    begun to examine various numbering conservation and optimization 
    methods. Continuing in these efforts, we issue this Notice to seek 
    public comment on how best to create national standards for numbering 
    resource optimization. In doing so, we seek to: (1) minimize the 
    negative impact on consumers; (2) ensure sufficient access to numbering 
    resources for all service providers that need them to enter into or to 
    compete in telecommunications markets; (3) avoid, or at least delay, 
    exhaust of the NANP and the need to expand the NANP; (4) impose the 
    least societal cost possible, in a competitively neutral manner, while 
    obtaining the highest benefit; (5) ensure that no class of carrier or 
    consumer is unduly favored or disfavored by our optimization efforts; 
    and (6) minimize the incentives for carriers to build and carry 
    excessively large inventories of numbers.
    
    Executive Summary
    
        6. In this Notice, we consider and seek comment on a variety of 
    administrative and technical measures that would promote more efficient 
    allocation and use of NANP resources. In Section III, we seek specific 
    comment on the relative costs and benefits, both financial and 
    societal, of implementing each measure. We also ask that commenters 
    weigh the cost of extending the life of the current NANP through 
    various numbering resource optimization strategies against the 
    projected cost of expansion of the NANP.
        7. In Section IV, we examine the existing mechanisms for the 
    administration and allocation of numbering resources, which are 
    governed by industry-developed CO Code Guidelines. We find that the 
    guidelines have not been effective in constraining the ability of 
    carriers to obtain and carry excessively large inventories of numbering 
    resources for which they have no immediate need. We seek comment on 
    whether the guidelines should be modified or replaced, wholly or in 
    part, by enforceable federal rules. Within the section, we outline 
    proposals for a uniform set of numbering status definitions. We also 
    seek comment on measures that would tie the allocation of new numbering 
    resources to a showing of need by the carrier, increase carrier 
    accountability for number utilization through enhanced data reporting 
    and audit requirements, and speed the return of unused numbering 
    resources. We specifically seek comment on the possibility of requiring 
    carriers to meet number utilization thresholds before they can obtain 
    additional numbering resources. These measures would not require
    
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    implementation of new systems or technologies, and we believe that they 
    could be implemented in a relatively short time period at minimal cost.
        8. In Section V, we consider and seek comment on some specific 
    numbering resource optimization solutions that could be implemented in 
    addition to, or in combination with, stricter administrative standards 
    for the administration and allocation of numbering resources. These 
    methods include rate center consolidation, mandatory ten-digit dialing, 
    and number pooling. We consider the likely costs and potential number 
    optimization benefits of each of these solutions. We also seek comment 
    on a host of issues related to the way in which number pooling might be 
    implemented and administered, if we were to make carrier participation 
    mandatory at some level.
        9. In light of the potential costs of these numbering resource 
    optimization solutions, we seek comment on whether the magnitude of the 
    number exhaust problem justifies requiring carriers to participate in 
    one or more of these solutions on a mandatory basis, either at the 
    federal level or through delegation of authority to the states. In the 
    alternative, we consider whether optimal use of numbering resources 
    could be accomplished without the need for such mandates, provided that 
    carriers achieved sufficiently high levels of efficiency in their usage 
    of numbers. Under this approach, we would require carriers to meet 
    specific number utilization thresholds, but would leave to each carrier 
    the choice of what numbering optimization method or methods to use to 
    achieve that threshold.
        10. In Section VI, we consider whether establishing a pricing 
    mechanism for numbering resources would improve the efficiency of 
    number allocation and use. Although it is probably not feasible in the 
    short-term to replace our existing numbering resource allocation 
    mechanism with a market-based approach, we believe it is important to 
    consider using market-based mechanisms to allocate numbers as a 
    possible long-term alternative to regulatory mandates. We seek comment 
    on whether moving to a market-based system of allocating numbering 
    resources is feasible, and how the transition to such a system could be 
    implemented.
        11. In Section VII, we consider area code relief methodologies, 
    including splits, overlays, and boundary realignments, as numbering 
    optimization strategies. We recognize that our consideration of both 
    short-term and long-term numbering resource optimization measures in 
    this Notice does not eliminate the need for states to continue to 
    implement area code relief in those area codes that are approaching 
    depletion. We seek comment on what action the Commission can take to 
    assist states in implementing area code relief in a manner that is 
    consistent with the objectives of this proceeding.
    
    Procedural Matters
    
    A. Ex Parte Presentations
    
        12. 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 is generally required.
    
    B. Initial Regulatory Flexibility Act Analysis
    
        13. The following is a summary of the Initial Regulatory 
    Flexibility Analysis (IRFA) created for the Notice. Pursuant to the 
    Regulatory Flexibility Act (RFA), See 5 U.S.C. section 603. The RFA, 
    See 5 U.S.C. section 601 et seq., was amended by the Contract With 
    America Advancement Act of 1996, Public Law 104-121, 110 Stat. 847 
    (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory 
    Enforcement Fairness Act of 1996 (SBREFA). The Commission has prepared 
    the following IRFA of the possible significant economic impact on small 
    entities of the policies and rules in this Notice. Written public 
    comments are requested on the IRFA. These comments must be filed in 
    accordance with the same filing deadlines as comments on the rest of 
    the Notice, and should have a separate and distinct heading designating 
    them as responses to the IRFA. The Commission shall send a copy of this 
    Notice, including the IRFA, to the Chief Counsel for Advocacy of the 
    Small Business Administration.
        14. Need for and Objectives of the Proposed Rules. The Commission 
    is issuing this Notice to seek public comment on how best to create 
    national standards for numbering resource optimization. In doing so, we 
    seek to: (1) ensure sufficient access to numbering resources for all 
    service providers that need them to enter into or to compete in 
    telecommunications markets; (2) avoid, or at least delay, exhaust of 
    the NANP and the need to expand the NANP; (3) minimize the negative 
    impact on consumers; (4) impose the least cost possible, in a 
    competitively neutral manner, while obtaining the highest benefit; (5) 
    ensure that no class of carrier or consumer is unduly favored or 
    disfavored by our numbering resource optimization efforts; and (6) 
    minimize the incentives for building and carrying excessively large 
    inventories of numbers.
        15. Legal Basis. The proposed action is authorized under sections 
    1, 4(i) and (j), 201, 208, and 251 of the Communications Act of 1934, 
    as amended. 47 U.S.C. sections 151, 154(i), 154(j), 201, and 251(e).
        16. Description and Estimate of the Number of Small Entities That 
    May Be Affected by this Notice. The RFA requires that an initial 
    regulatory flexibility analysis be prepared for notice-and-comment 
    rulemaking proceedings, unless the agency certifies that ``the rule 
    will not, if promulgated, have a significant economic impact on a 
    substantial number of small entities.'' 5 U.S.C. section 605(b). The 
    RFA generally defines ``small entity'' as having the same meaning as 
    the terms ``small business,'' ``small organization,'' and ``small 
    governmental jurisdiction.'' Id. section 601(6). In addition, the term 
    ``small business'' has the same meaning as the term ``small business 
    concern'' under the Small Business Act. Id. section 601(3) 
    (incorporating by reference the definition of ``small business 
    concern'' in Small Business Act, 15 U.S.C. section 632). A small 
    business concern is one which: (1) is independently owned and operated; 
    (2) is not dominant in its field of operation; and (3) satisfies any 
    additional criteria established by the Small Business Administration 
    (SBA). Small Business Act, 15 U.S.C. section 632.
        17. In this IRFA, we consider the potential impact of this Notice 
    on all users of telephone numbering resources. The small entities 
    possibly affected by the proposed rules, if adopted, include wireline, 
    wireless, and other entities, as described below. The SBA has defined a 
    small business for Standard Industrial Classification (SIC) categories 
    4,812 (Radiotelephone Communications) and 4,813 (Telephone 
    Communications, Except Radiotelephone) to be small entities having no 
    more than 1,500 employees. 13 CFR section 121.201. In the FRFA to the 
    Universal Service Order, we described and estimated in detail the 
    number of small entities that would be affected by the new universal 
    service rules. 12 FCC Rcd 8776, 9227-9243 (1997). Although some 
    affected incumbent local exchange carriers (ILECs) may have 1,500 or 
    fewer employees, we do not believe that such
    
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    entities should be considered small entities within the meaning of the 
    RFA because they are either dominant in their field of operations or 
    are not independently owned and operated, and therefore by definition 
    not ``small entities'' or ``small business concerns'' under the RFA. 
    Accordingly, our use of the terms ``small entities'' and ``small 
    businesses'' does not encompass small ILECs. Out of an abundance of 
    caution, however, for regulatory flexibility analysis purposes, we will 
    separately consider small ILECs within this analysis and use the term 
    ``small ILECs'' to refer to any ILECs that arguably might be defined by 
    the SBA as ``small business concerns.'' See 13 CFR section 121.201, SIC 
    code 4813. Since the time of the Local Competition decision, 11 FCC Rcd 
    15499, 16144-45 (1996), 61 FR 45476 (Aug. 29, 1996), the Commission has 
    consistently addressed in its regulatory flexibility analyses the 
    impact of its rules on such ILECs.
        18. The most reliable source of information regarding the total 
    numbers of certain common carrier and related providers nationwide, as 
    well as the numbers of commercial wireless entities, appears to be data 
    the Commission publishes annually in its Carrier Locator: Interstate 
    Service Providers Report (Locator). FCC, Carrier Locator: Interstate 
    Service Providers at 1-2. This report lists 3,604 companies that 
    provided interstate telecommunications service as of December 31, 1997 
    and was compiled using information from Telecommunications Relay 
    Service (TRS) Fund Worksheets filed by carriers (Jan. 1999). These 
    carriers include, inter alia, local exchange carriers, competitive 
    local exchange carriers, interexchange carriers, competitive access 
    providers, satellite service providers, wireless telephony providers, 
    operator service providers, pay telephone operators, providers of 
    telephone toll service, providers of telephone exchange service, and 
    resellers.
        19. Local Service Providers. There are two principle providers of 
    local telephone service; ILECS and competing local service providers. 
    Neither the Commission nor the SBA has developed a definition for small 
    providers of local exchange services (LECs). The closest applicable 
    definition under the SBA rules is for telephone communications 
    companies other than radiotelephone (wireless) companies. According to 
    data set forth in the FCC Statistics of Communications Common Carriers 
    (SOCC), 34 ILECs have more than 1,500 employees. We do not have data 
    specifying the number of these carriers that are either dominant in 
    their field of operations or are not independently owned and operated, 
    and thus are unable at this time to estimate with greater precision the 
    number of ILECs that would qualify as small business concerns under the 
    SBA's definition. Consequently, we estimate that fewer than 1,376 ILECs 
    are small entities that may be affected by the proposed rules, if 
    adopted.
        20. Competitive Local Service Providers. This category includes 
    competitive access providers (CAPs), competitive local exchange 
    providers (CLECs), shared tenant service providers, local resellers, 
    and other local service providers. The closest applicable definition 
    under the SBA rules is for telephone communications companies other 
    than radiotelephone (wireless) companies. According to the most recent 
    Locator data, 145 carriers reported that they were engaged in the 
    provision of competitive local service. We estimate that there are 
    fewer than 145 small entity competitive local service providers that 
    may be affected by the proposed rules, if adopted.
        21. Providers of Toll Service. The toll industry includes providers 
    of interexchange services (IXCs), satellite service providers and other 
    toll service providers, primarily resellers. The closest applicable 
    definition under the SBA rules is for telephone communications 
    companies other than radiotelephone (wireless) companies. According to 
    the most recent Locator data, 164 carriers reported that they were 
    engaged in the provision of toll services. We estimate that there are 
    fewer than 164 small entity toll providers that may be affected by the 
    proposed rules, if adopted.
        22. In addition, an alternative SBA standard may apply to satellite 
    service providers. The applicable definition of small entity generally 
    is the definition under the SBA rules applicable to Communications 
    Services, Not Elsewhere Classified (NEC). This definition provides that 
    a small entity is expressed as one with $11.0 million or less in annual 
    receipts. According to the Census Bureau, there were a total of 848 
    communications services providers, NEC, in operation in 1992, and a 
    total of 775 had annual receipts of less than $9,999 million. The 
    Census report does not provide more precise data.
        23. Resellers. This category includes toll resellers, operator 
    service providers, pre-paid calling card providers, and other toll 
    service providers. The closest applicable SBA definition for a reseller 
    is a telephone communications company other than radiotelephone 
    (wireless) companies. According to the most recent Locator data, 405 
    carriers reported that they were engaged in the resale of telephone 
    service. We estimate that there are fewer than 405 small entity 
    resellers that may be affected by the proposed rules, if adopted.
        24. Wireless Telephony and Paging and Messaging. Wireless telephony 
    includes cellular, personal communications service (PCS) or specialized 
    mobile radio (SMR) service providers. The closest applicable SBA 
    definition for a reseller is a telephone communications company other 
    than radiotelephone (wireless) companies. According to the most recent 
    Locator data, 732 carriers reported that they were engaged in the 
    provision of wireless telephony and 137 companies reported that they 
    were engaged in the provision of paging and messaging service. We 
    estimate that fewer than 732 carriers are engaged in the provision of 
    wireless telephony and fewer than 137 companies are engaged in the 
    provision of paging and messaging service.
        25. The SBA has developed a definition of small entities for cable 
    and other pay television services, which includes all such companies 
    generating $11 million or less in revenue annually. This definition 
    includes cable systems operators, closed circuit television services, 
    direct broadcast satellite services, multipoint distribution systems, 
    satellite master antenna systems and subscription television services. 
    According to the Census Bureau data from 1992, there were 1,788 total 
    cable and other pay television services and 1,423 had less than $11 
    million in revenue.
        26. The Commission has developed its own definition of a small 
    cable system operator for the purposes of rate regulation. Under the 
    Commission's rules, a ``small cable company'' is one serving fewer than 
    400,000 subscribers nationwide. Based on our most recent information, 
    we estimate that there were 1,439 cable operators that qualified as 
    small cable system operators at the end of 1995. Paul Kagan Associates, 
    Inc., Cable TV Investor, Feb. 29, 1996 (based on figures for Dec. 30, 
    1995). 47 U.S.C. section 543(m)(2). 47 CFR section 76.1403(b). Since 
    then, some of those companies may have grown to serve over 400,000 
    subscribers, and others may have been involved in transactions that 
    caused them to be combined with other cable operators. Consequently, we 
    estimate that there are fewer than 1,439 small entity cable system 
    operators.
        27. The Communications Act also contains a definition of a small 
    cable system operator, which is ``a cable operator that, directly or 
    through an affiliate, serves in the aggregate fewer
    
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    than 1 percent of all subscribers in the United States and is not 
    affiliated with any entity or entities whose gross annual revenues in 
    the aggregate exceed $250,000,000.'' The Commission has determined that 
    there are 66,000,000 subscribers in the United States. Therefore, we 
    found that an operator serving fewer than 660,000 subscribers shall be 
    deemed a small operator, if its annual revenues, when combined with the 
    total annual revenues of all of its affiliates, do not exceed $250 
    million in the aggregate. Based on available data, we find that the 
    number of cable operators serving 660,000 subscribers or less totals 
    1,450. We do not request nor do we collect information concerning 
    whether cable system operators are affiliated with entities whose gross 
    annual revenues exceed $250,000,000, and thus are unable at this time 
    to estimate with greater precision the number of cable system operators 
    that would qualify as small cable operators under the definition in the 
    Communications Act.
        28. Description of Projected Reporting, Recordkeeping, and Other 
    Compliance Requirements. The Notice seeks comment on whether all NXX 
    codeholders should be required to report the status of all telephone 
    numbers within the NXX blocks assigned to them. In the alternative, the 
    Notice seeks comment on whether utilization data reporting on a more 
    aggregated basis (or some more aggregated set of telephone number 
    status categories) would provide sufficient data to accurately track 
    number utilization. The Notice proposes that any utilization reporting 
    obligation that the Commission adopts would be in addition to the 
    demand forecasting requirement that the COCUS currently places on 
    carriers. The Notice seeks comment on whether any modifications should 
    be made to improve the quality and accuracy of carriers' demand 
    forecasts. Alternatively, the Notice seeks comment on several 
    alternative data collection options, including the forecast and 
    utilization reporting process in the current Thousand Block Pooling 
    Guidelines, and the Line Number Use Survey (LINUS) data collection 
    model designed by NANPA staff as a replacement for COCUS. The Notice 
    also seeks comment on other industry proposals for a number utilization 
    and forecasting mechanism to replace COCUS. Finally, it seeks comment 
    on whether to supplement the need verification measures and data 
    collection program with a comprehensive audit program that verifies 
    carrier compliance with federal rules and industry numbering 
    guidelines.
        29. Steps Taken to Minimize Significant Economic Impact on Small 
    Entities and Significant Alternatives Considered. The rules we propose 
    in this Notice are designed to ensure sufficient access to numbering 
    resources for all service providers that need them. The Notice seeks 
    public comment on how best to create national standards for numbering 
    resource optimization in order to: (1) ensure sufficient access to 
    numbering resources for all service providers that need them to enter 
    into or to compete in telecommunications markets; (2) avoid, or at 
    least delay, exhaust of the NANP and the need to expand the NANP; (3) 
    minimize the negative impact on consumers; (4) impose the least cost 
    possible, in a competitively neutral manner, while obtaining the 
    highest benefit; (5) ensure that no class of carrier or consumer is 
    unduly favored or disfavored by our optimization efforts; and (6) 
    minimize the incentives for carriers to build and carry excessively 
    large inventories of numbers. We seek comment on our tentative 
    conclusions and proposals, and on additional actions we might take in 
    this regard to relieve burdens on users of telephone numbering 
    resources.
        30. Federal Rules That May Duplicate, Overlap, or Conflict With the 
    Proposed Rules. None.
    
    C. Comment Filing Procedures
    
        31. Interested parties may file comments on or before July 30, 1999 
    and reply comments on or before August 30, 1999. Parties must file an 
    original and four copies of each filing. All filings must be sent to 
    the Commission's Secretary, Magalie Roman Salas, Office of the 
    Secretary, Federal Communications Commission, 445 Twelfth Street, SW, 
    Room TW-B204F, Washington, DC 20554. Comments may be filed using the 
    Commission's Electronic Comment Filing System (ECFS) or by filing paper 
    copies. See Electronic Filing of Documents in Rulemaking Proceedings, 
    63 FR 24,121 (1998). Comments filed through the ECFS can be sent as an 
    electronic file via the Internet to http://www.fcc.gov/e-file/
    ecfs.html>. Generally, only one copy of an electronic submission must 
    be filed. In completing the transmittal screen, commenters should 
    include their full name, Postal Service mailing address, and the 
    applicable docket number, CC Docket 99-200 or rulemaking number, RM No. 
    9258.
        32. Written comments by the public on the proposed information 
    collections are due by July 30, 1999. Written comments must be 
    submitted by the Office of Management and Budget (OMB) on the proposed 
    information collections on or before August 16, 1999. In addition to 
    filing comments with the Secretary, a copy of any comments on the 
    information collections contained herein should be submitted to Judy 
    Boley, Federal Communications Commission, Room 1-C804, 445 12th Street, 
    SW, Washington, DC 20554, or via the Internet to jboley@fcc.gov and to 
    Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW, 
    Washington, DC 20503 or via the Internet to fain__t@al.eop.gov.
        33. Parties should also file one copy of any documents filed in 
    this docket with the Commission's copy contractor, International 
    Transcription Services, Inc., 1231 20th Street, NW, Washington, DC 
    20036. Comments and reply comments will be available for public 
    inspection during regular business hours in the FCC Reference Center, 
    445 12th Street, SW, Washington, DC 20554.
    
    List of Subjects in 47 CFR Part 52
    
        Communications common carriers, Telecommunications, Telephone.
    Federal Communications Commission.
    Magalie Roman Salas,
    Secretary.
    [FR Doc. 99-15334 Filed 6-16-99; 8:45 am]
    BILLING CODE 6712-01-P
    
    
    

Document Information

Published:
06/17/1999
Department:
Federal Communications Commission
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
99-15334
Dates:
Comments are to be filed on or before July 30, 1999, and reply comments are due on or before August 30, 1999. Written comments must be submitted by the Office of Management and Budget (OMB) on the proposed information collections on or before August 16, 1999.
Pages:
32471-32475 (5 pages)
Docket Numbers:
CC Docket No. 99-200, FCC 99-122
PDF File:
99-15334.pdf
CFR: (1)
47 CFR 52