Administration of the North American Numbering Plan

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[CC Docket No. 92-237, FCC 94-79]

Administration of the North American Numbering Plan

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In light of the response to the Commission's earlier Notice of

Inquiry and subsequent developments, the Commission has adopted and

released a Notice of Proposed Rulemaking concerning the future

administration of the North American Numbering Plan and some narrower

numbering issues. In its rulemaking notice, the Commission draws

tentative conclusions, makes proposals, and seeks comment on these and

related issues.

DATES: Comments must be filed on or before June 7, 1994, and reply

comments must be filed on or before June 30, 1994.

FOR FURTHER INFORMATION CONTACT: Peyton Wynns, Common Carrier `Bureau,

Industry Analysis Division (202-632-0745), or Allen A. Barna, Common

Carrier Bureau, Tariff Division (202-632-6917).

SUPPLEMENTARY INFORMATION:

Background

This is a summary of the Commission's Notice of Proposed Rulemaking

(Notice), adopted March 30, 1994, and released April 4, 1994, FCC 94-

79, in the Common Carrier Docket No. 92-237 proceeding entitled,

``Administration of the North American Numbering Plan'' (the Plan).

This Notice follows the Commission's earlier Notice of Inquiry

(Inquiry). See Administration of the North American Numbering Plan, CC

Docket No. 92-237, 7 FCC Rcd 6837 (1992), 57 FR 53462 (Nov. 10, 1992).

Before divestiture, the American Telephone and Telegraph Company

(AT&T) developed and administered the Plan to coordinate the telephone

numbers used in most of North America. As part of the 1984 divestiture

of AT&T, administration of the Plan was transferred from AT&T to Bell

Communications Research, Inc. (Bellcore). Following release of the

Commission's Inquiry, Bellcore advised that it desired to relinquish

administration of the Plan. In addition to the Commission's efforts,

several industry groups are considering proposals to improve future

administration of the Plan and to address specific numbering issues.

Phase One of this proceeding primarily focuses on who should

administer the Plan and how such administration might be improved.

Phase Two primarily focuses on the planned expansion of Feature Group D

(FGD) Carrier Identification Codes (CICs). The Commission adopted the

Notice to present its tentative conclusions and rulemaking proposals,

and also to seek comment on these and related matters. This action was

taken pursuant to sections 1, 4(i), 201-205, and 403 of the

Communications Act, as amended, 47 U.S.C. 151, 154(i), 201-205, and

403.

Summary of Notice of Proposed Rulemaking

1. Phase One

In the first phase of the Notice, the Commission tentatively

concluded that no federal government agency is ideally suited to

administer the U.S. portion of the Plan but that the Commission could

best assume those ministerial functions if they are to be performed by

any such agency. Among existing non-government agencies, the Commission

sought comment on whether the Alliance for Telecommunications Industry

Solutions (ATIS) or some component of ATIS could handle Plan

administration. Noting the possible advantages of a new, non-government

entity to handle such administration, the Commission also sought

comment on whether such a new entity should be established for this

purpose. The Commission then tentatively concluded that ministerial

administration of the Plan should be undertaken by a single, non-

government entity established by the Commission and subject to its

oversight, but also separate from the Commission and not closely

identified with any particular industry segment. The Commission sought

comment on these tentative conclusions and also on the appropriate

parameters defining the mission, management, structure, functions,

personnel, and capabilities of the new Plan administrator.

2. To finance future administration of the Plan, the Commission

tentatively concluded that it has authority under the Communications

Act to establish a set of Commission numbering fees or to create a new

fund to finance future Plan administration. The Commission sought

comment on these and other possible funding mechanisms. For example, if

only a small amount is needed each year to finance administration of

the Plan, the Commission seeks comment on whether it should impose a

numbering surcharge on one of the funds currently administered by the

National Exchange Carrier Association or use a portion of the annual

surplus from one or more of these funds. The Commission tentatively

concluded that it should impose fees to offset the costs of regulating

U.S. numbering resources and sought comment on this and its other

conclusions. The Commission also sought comment on whether a new

numbering policy board should be established to assist regulators.

3. The Commission invited comment on the international implications

of its various proposals to select, organize, and fund a replacement

for the current Plan administrator. For example, in the event there are

administrative costs of the Plan which are not covered by Commission-

imposed fees, the Commission proposed to establish with other World

Zone 1 regulators a system of charges payable directly to the new Plan

administrator by those who directly benefit from the operation of the

Plan subject to appropriate oversight. The Commission also sought

comment on the specific problems presented by the absence of uniform

nationwide dialing arrangements and on the specific steps the

Commission could take to remedy those problems.

4. Phase Two. In Phase Two, the Commission explained that Carrier

Identification Codes (CICs) are numeric codes widely used within the

telephone industry to provide local exchange access to long distance

carriers, to route traffic, identify types of service, bill access

purchasers, and for other purposes. In view of anticipated demand, the

Commission indicated that the stock of three-digit Feature Group D

(FGD) CICs available for assignment will likely be exhausted within a

year or so. To increase the number of such codes, the Commission noted

that a plan was developed by the industry to expand the format of these

codes from three digits to four digits and also expand the format of

carrier access codes (CACs) from five digits (10XXX) to seven digits

(101XXXX). In light of various objections, the Commission's earlier

inquiry sought comment on whether these planned changes should be

reconsidered.

5. In the Notice, the Commission tentatively concluded that FGD

CICs should be expanded to a four-digit format and sought comment on

that tentative conclusion. However, to facilitate the changeover to the

new codes, the Commission also proposed a transition period of six

years during which subscribers could use both the current three-digit

and the new four-digit CICs. In addition, the Commission sought comment

on whether it should require local exchange carriers to cease screening

and completing interstate, intraLATA ``1+'' Message Toll Service (MTS)

calls and instead deliver those calls to the carrier preselected by the

end user.

Initial Regulatory Flexibility Analysis

6. The Commission certified that the Regulatory Flexibility Act of

1980 does not apply to this rulemaking proceeding because, if the

proposed rule amendments are promulgated, there will not be a

significant economic impact on a substantial number of small business

entities, as defined by Section 601(3) of the Regulatory Flexibility

Act. While the rules proposed by the Commission would apply to

telecommunications corporations of all sizes that are now assigned

telephone numbers or that may in the future seek such assignments, the

impact on small business entities served by these corporations and on

small telecommunications companies is not likely to be significant.

Similarly, the Commission's proposed rules on interstate, intraLATA

toll traffic are not expected to have a significant impact on small

telecommunications companies or other small business entities. The

Commission Secretary was directed to send a copy of the Notice,

including the certification, to the Chief Counsel for Advocacy of the

Small Business Administration in accordance with paragraph 603(a) of

the Regulatory Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5

U.S.C. 601, et seq. (1981).

Comments

7. Pursuant to applicable procedures set forth in Sections 1.415

and 1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested

parties may file comments on or before June 7, 1994, and reply comments

on or before June 30, 1994. To file formally in this proceeding, you

must file an original and four copies of all comments, reply comments,

and supporting comments. If you want each Commissioner to receive a

personal copy of your comments, you should file an original and nine

copies. You should send comments and reply comments to Office of the

Secretary, Federal Communications Commission, Washington, DC 20554.

Comments and reply comments will be available for public inspection

during regular business hours in the FCC Reference Center (Room 239) of

the Federal Communications Commission, 1919 M Street, NW., Washington,

DC 20554.

Ex Parte Analysis

8. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in

Commission rules. See generally, 47 CFR 1.1202, 1.1203, and 1.1206(a).

Ordering Clause

9. Accordingly, it is ordered, pursuant to sections 1, 4(i), 201-

205, and 403 of the Communications Act of 1934, as amended, 47 U.S.C.

151, 154(i), 201-205, and 403, that Notice is hereby given of the

proposed regulatory actions described above and comment is sought on

these proposals.

List of Subjects in 47 CFR Part 1

Communications common carriers, Telecommunications.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 94-11168 Filed 5-9-94; 8:45 am]

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