*Pages 1--3 from Microsoft Word - 9755.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov DA 01- 1463 Released: June 22, 2001 COMMON CARRIER BUREAU SEEKS COMMENT ON AT& T CORPORATION’S REQUEST FOR DECLARATORY RULING AND CLARIFICATION OF CHANGES TO THE TOLL- FREE NUMBER ADMINISTRATION SYSTEM NSD File No.: L- 01- 112 CC Docket 95- 155 Pleading Cycle Established COMMENTS: July 12, 2001 REPLY COMMENTS: July 23, 2001 On December 7, 2000, the Common Carrier Bureau (Bureau) released a letter directing Database Service Management, Inc. (DSMI), which serves as the administrator of the SMS/ 800 database, to modify the Disconnect Status and Suspend Status functions in the SMS/ 800 database by February 3, 2001. 1 The Keller- Wade Letter explained that the modifications to the SMS/ 800 database are designed to prevent direct transfers of toll- free numbers between subscribers, which violate the Commission’s toll- free regulations, the toll- free number “first come, first served” policy, and the SMS Tariff. 2 The letter also emphasized that, under the Commission’s toll- free regulations, toll- free numbers may remain in Disconnect Status for up to four months; that toll-free numbers must be moved to Spare Status from Disconnect Status; and that numbers subject to a billing dispute may be placed in Suspend Status for up to eight months and may only be changed back to Working Status for the same subscriber. In response to the Keller- Wade Letter, some Responsible Organizations 3 asserted that the 1 Letter from L. Charles Keller, Chief, Network Services Division, to Mr. Michael Wade, President, Database Service Management, Inc., DA 00- 2754 (rel. Dec. 7, 2000) (Keller- Wade Letter). 2 Id. at 1- 2. 3 A Responsible Organization (RespOrg) administers and manages a toll free subscriber’s record( s) in the SMS/ 800 database. See 47 CFR § 52.101( d) (2000). 1 2 required adjustments to their internal systems, as well as the necessary testing to ensure compatibility with DSMI’s changes, could not be completed by the February 3, 2001 deadline. 4 Thus, on February 2, 2001, the Bureau directed DSMI to postpone changes to the Disconnect Status and Suspend Status functions until August 6, 2001. 5 On May 24, 2001, AT& T Corp. (AT& T) filed a petition for a declaratory ruling seeking clarification of the Keller- Wade Letter. 6 AT& T argues that the Bureau’s interpretation of the Commission’s toll- free regulations in the Keller- Wade Letter is incorrect. AT& T also requests that the Commission clarify that certain transfers of toll- free numbers between subscribers are permissible, such as when toll- free numbers are misprinted in marketing materials, and therefore, do not violate the Commission’s toll- free regulations. On June 1, 2001, staff from the Bureau’s Network Services Division met with industry representatives (Industry) to discuss a proposed alternative solution, as detailed their May 16, 2001 letter to the Bureau. 7 In the May 2001 Letter, the Industry stated that, unlike the software changes directed in the Keller- Wade Letter, the changes in their alternative proposed solution would address the Bureau’s concerns without negatively impacting toll- free subscribers. 8 The Commission therefore seeks comments from interested parties on: (1) The issues raised in the AT& T Petition; (2) The economic impact on businesses of compliance with the Keller- Wade Letter; (3) Whether another extension of time is needed to comply with the Keller- Wade Letter, and, if so, the amount of time required; and (4) Alternative solutions for preventing toll- free numbers from being transferred between subscribers. The AT& T Petition and all other submissions regarding the Keller- Wade Letter are available for review and copying during regular business hours at the FCC Reference Center, Portals II, 445 4 See, e. g., Letter from Henry G. Hultquist, Associate Counsel, WorldCom, Inc., to Magalie Roman Salas, Secretary, dated January 29, 2001 (requesting a six- month delay); Letter from Norina Moy, Director, Federal Regulatory, Sprint, to L. Charles Keller, Chief, Network Services Division, dated December 19, 2000 (concerned that sixty days would be insufficient to test the changes). 5 Letter from Staci Pies, Deputy Chief, Network Services Division, to Mr. Michael Wade, President, Database Service Management, Inc., DA 01- 292 (rel. Feb. 2, 2001). 6 Request for Declaratory Ruling and Clarification, filed by AT& T Corporation (AT& T Petition). 7 Letter from Stephanie Cowart, OBF Moderator, to Diane Griffin Harmon, Network Services Division, dated May 16, 2001 (May 2001 Letter). 8 Id. at 1. 2 3 12th Street, SW, Room CY- A257, Washington, D. C. 20554, (202) 418- 0270. The AT& T Petition and other documents in this proceeding may also be viewed online at the FCC’s E- filing System located at http:// gullfoss2. fcc. gov/ cgi- bin/ ws. exe/ prod/ ecfs/ comsrch_ v2. hts, by typing 95- 155 in the Proceeding Block and clicking on Retrieve Document List. Comments responding to this Public Notice should refer to file number NSD- L- 01- 112. Comment s must be filed wit h the Commission by July 12, 2001 and Reply Comments by July 23, 2001, 9 and sent to the Office of the Secretary, Federal Communications Commission, 445 12th Street, SW, Room TW- A325, Washington, D. C. 20554. Two copies of the comments should also be sent to Network Services Division, 445 12th Street, SW, Room 6- A207, Washington, D. C. 20554. Comment s may be filed using the Commission's Elect ronic Comment Filing Syst em (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to . If using this method, please reference CC Docket No. 95- 155 in the Proceeding block. 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 or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send an e- mail to ecfs@ fcc. gov, including "get form " in the body of the message. A sample form and direct ions will be sent in reply. Aft er filing your comment s elect ronically, please send an e- mail to Jennifer Gorny, jgorny@ fcc. gov, indicating that comments have been filed. This is a "permit but disclose" proceeding for purposes of the Commission's ex part e rules. As a "permit but disclose" proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission's rules applicable to such proceedings. Parties making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation 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. Other rules pertaining to oral and written presentations are set forth in Section 1.1206( b) as well. For further information, contact Jennifer Gorny of the Common Carrier Bureau, Network Services Division, at (202) 418- 2320 or jgorny@ fcc. gov. The TTY number is (202) 418- 0484. -FEDERAL COMMUNICATIONS COMMISSION- 9 Comments and reply comments are needed as soon as possible because, currently, carriers are required to modify their internal systems by August 6, 2001, in accordance with the Keller- Wade Letter. 3