Toll Free Service Access Codes

[[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]

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