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 Federal  Communications  Commission  DA  04-  1684 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Telephone  Number  Portability 
 Petition  of  Leaco  Rural  Telephone  Cooperative,  Inc.  for  Limited  Waiver  and  Extension  of  Its 
 Porting  Obligations 
 Petition  of  Cellular  Phone  of  Kentucky,  Inc.  d/  b/  a  Ramcell  of  Kentucky  for  Waiver  of  Section  52.31 
 of  the  Commission’s  Rules 
 Petition  of  Litchfield  County  Cellular,  Inc.  d/  b/  a/  Ramcell  of  Kentucky  for  Waiver  of  Section 
 52.31of  the  Commission’s  Rules 
 Petition  of  North  Carolina  RSA  1  Partnership  d/  b/  a  Ramcell  of  North  Carolina  for  Waiver  of 
 Section  52.31of  the  Commission’s  Rules 
 Petition  of  Tracy  Corporation  II  for  Temporary  Waiver  of  Section  52.31  of  the  Commission’s 
 Rules  and  Extension  of  Deadline 
 Petition  of  Duluth  PCS,  Inc.  for  Waiver  of  Section  52.31(  a)  of  the  Commission’s  Rules  and  Request 
 for  Short  Extension  of  Time 
 Petition  of  Texas  RSA  8  South  Limited  Partnership  for  Limited  Waiver  and  Extension  of 
 Section  52.31  of  the  Commission’s  Rules 
 Petition  of  Litchfield  County  Cellular  d/  b/  a  Ramcell  of  Oregon  for  Waiver  of  Section  52.31  of 
 the  Commission’s  Rules 
 Petition  of  North  Carolina  RSA  3  Cellular  Telephone  Company  dba  Carolina  West  Wireless 
 for  Limited  Waiver  and  Extension  of  Section  52.31  of  the  Commission’s  Rules 


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 CC  Docket  No.  95-  116 


 ORDER 
 Adopted:  June  9,  2004  Released:  June  10,  2004 
 By  the  Deputy  Chief,  Spectrum  and  Competition  Policy  Division: 
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 Federal  Communications  Commission  DA  04-  1684 
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 I.  INTRODUCTION 
 1.  In  this  order,  we  dismiss,  as  procedurally  defective,  petitions  for  extension  of  the  local  number  portability  (LNP)  implementation  deadline  filed  by  Leaco  Rural  Telephone  Cooperative,  Inc., 


 Cellular  Phone  of  Kentucky,  Inc.  d/  b/  a  Ramcell  of  Kentucky,  Litchfield  County  Cellular,  Inc.  d/  b/  a  Ramcell  of  Kentucky,  North  Carolina  RSA  1  Partnership  d/  b/  a  Ramcell  of  North  Carolina,  Tracy 
 Corporation  II,  Duluth  PCS,  Inc.,  Texas  RSA  8  South  Limited  Partnership,  Litchfield  County  Cellular  d/  b/  a  Ramcell  of  Oregon,  and  North  Carolina  RSA  3  Cellular  Telephone  Company  dba  Carolina  West 
 Wireless.  1 
 2.  Section  52.31(  d)  of  the  Commission’s  rules  requires  requests  for  extension  of  the  LNP  implementation  deadline  to  be  filed  sixty  days  before  the  deadline.  2  Under  the  Commission’s  LNP  rules, 


 petitioners  were  required  to  support  local  number  portability  by  May  24,  2004.  3  Petitioners’  requests  for  extension  were  filed  between  April  2,  2004,  and  May  21,  2004,  less  than  sixty  days  in  advance  of  the 
 implementation  deadline.  Accordingly,  we  find  that  petitioners  have  failed  to  file  their  requests  for  waiver  in  a  timely  manner. 


 3.  With  respect  to  certain  petitioners’  4  requests  that  we  waive  the  sixty-  day  filing  requirement  of  section  52.31(  d),  we  find  that  petitioners  have  failed  to  demonstrate  that  a  waiver  is 
 warranted.  The  Commission  may  waive  its  rules,  but  a  request  for  waiver  must  be  supported  by  a  showing  of  good  cause.  5  Petitioners  have  failed  to  show  cause  for  their  untimely  filings  beyond 
 statements  that  they  only  recently  became  aware  that  they  would  not  be  able  to  meet  the  May  24  th  deadline.  Petitioners  have  been  on  notice  of  the  number  portability  requirements  since  1996.  6  In  July, 
 2002,  after  previously  extending  the  deadline  twice,  the  Commission  determined  that  CMRS  carriers 


 1  See  Telephone  Number  Portability,  CC  Docket  No.  95-  116,  Petition  for  Limited  Waiver  and  Extension  from  Leaco 
 Rural  Telephone  Cooperative,  Inc.  (filed  April  2,  2004)  (Leaco  Petition);  Petition  for  Limited  Waiver  and  Extension  of  Time  from  Cellular  Phone  of  Kentucky,  Inc.  d/  b/  a  Ramcell  of  Kentucky  (filed  April  30,  2004)  (CPK  Petition); 


 Petition  for  Limited  Waiver  and  Extension  of  Time  from  Litchfield  County  Cellular,  Inc.  d/  b/  a  Ramcell  of  Kentucky  (filed  April  30,  2004)  (Litchfield  Petition);  Petition  for  Limited  Extension  of  Time  from  North  Carolina  RSA  1 
 Partnership  d/  b/  a  Ramcell  of  North  Carolina  (filed  May  6,  2004)  (North  Carolina  RSA  1  Petition);  Request  for  Temporary  Waiver  of  Section  52.  31  of  the  Commission  Rules  and  Extension  of  the  May  24,  2004  Deadline  from 
 Tracy  Corporation  II  (filed  May  4,  2004)  (Tracy  Petition);  Petition  for  Waiver  of  Section  52.  31(  a)  of  the  Commission’s  Rules  and  Request  for  Short  Extension  of  Time  from  Duluth  PCS,  Inc.  (filed  May  10,  2004)  (Duluth 
 Petition);  Petition  for  Limited  Waiver  and  Extension  of  Time  to  Port  Numbers  to  Wireless  Carriers  from  Texas  RSA  8  South  Limited  Partnership  (filed  May  13,  2004)  (Texas  RSA  8  Petition);  Petition  for  Waiver  of  Section  52.  31  of 
 the  Commission’s  Rules  from  Litchfield  County  Cellular  d/  b/  a  Ramcell  of  Oregon  (filed  May  21,  2004)  (Ramcell  of  Oregon  Petition);  and  Petition  for  Limited  Waiver  and  Extension  of  Section  52.  31  of  the  Commission’s  Rules  from 
 North  Carolina  RSA  3  Cellular  Telephone  Company  dba  Carolina  West  Wireless  (filed  May  21,  2004)  (Carolina  West  Wireless  Petition). 
 2  47  C.  F.  R.  §52.31(  d). 
 3  Telephone  Number  Portability,  CC  Docket  No.  95-  116,  First  Memorandum  Opinion  and  Order  on 
 Reconsideration,  12  FCC  Rcd  7236,  7314  (1997);  Verizon  Wireless  Petition  for  Partial  Forbearance  from  the  Commercial  Mobile  Radio  Services  Number  Portability  Obligation,  WT  Docket  No.  01-  184  and  CC  Docket  No.  95-116, 


 Memorandum  Opinion  and  Order,  17  FCC  Rcd  at  14972,  14986  (2002  Forbearance  Order).  4 
 See  Leaco  Petition  at  2;  CPK  Petition  at  1;  Litchfield  Petition  at  1;  North  Carolina  RSA  1  Petition  at  1;  Duluth  Petition  at  1;  and  Ramcell  of  Oregon  Petition  at  1. 


 5  47  C.  F.  R.  §  1.3;  see  also  WAIT  Radio  v.  FCC,  418  F.  2d  1153,  1159  (D.  C.  Cir.  1969),  cert.  denied,  409  U.  S.  1027 
 (1972)  (WAIT  Radio).  6 
 Telephone  Number  Portability,  CC  Docket  No.  95-  116,  First  Report  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  11  FCC  Rcd  8352  (1996). 
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 Federal  Communications  Commission  DA  04-  1684 
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 serving  the  100  largest  MSAs  would  be  required  to  begin  providing  LNP  by  November  24,  2003.  7  The  Commission  indicated  that  CMRS  carriers  outside  the  100  largest  MSAs  would  be  required  to  begin 
 providing  LNP  by  May  24,  2004,  or  within  six  months  after  receiving  a  request  to  provide  LNP  from  another  carrier,  whichever  was  later.  8  In  light  of  this  long  period  of  notice,  it  is  reasonable  to  expect  that 
 petitioners  should  have  taken  steps  to  complete  their  LNP  preparations  at  an  earlier  time. 
 4.  In  addition,  in  view  of  the  important  consumer  benefits  of  porting,  we  find  that  it  is  appropriate  to  require  carriers  to  adhere  to  the  sixty-  day  filing  deadline.  The  Commission’s  number 


 portability  requirements  are  an  important  tool  for  promoting  competition  and  bringing  more  choice  to  consumers.  Accordingly,  it  is  in  the  public  interest  that  carriers  implement  porting  as  quickly  as  possible. 
 Allowing  petitioners  to  file  untimely  requests  for  waiver  would  slow  the  LNP  implementation  process  and  limit  the  choices  available  to  consumers  in  the  markets  petitioners  serve. 


 II.  ORDERING  CLAUSE 
 5.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  sections  4(  i)  and  5(  c)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i)  and  155(  c),  and  the  authority  delegated 


 pursuant  to  sections  0.131  and  0.331  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.131,  0.331,  the  petitions  captioned  above  are  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Jeffrey  Steinberg  Deputy  Chief,  Spectrum  and  Competition  Policy  Division 
 Wireless  Telecommunications  Bureau 


 -FCC- 


 7  See  2002  Forbearance  Order,  17  FCC  Rcd  at  14982. 
 8  Id.  at  14986. 
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