Federal Communications Commission DA 07-2893 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telephone Number Portability Numbering Resources Optimization ) ) ) ) ) CC Docket No. 95-116 CC Docket No. 99-200 ORDER Adopted: June 29, 2007 Released: June 29, 2007 By the Associate Chief, Wireline Competition Bureau: 1. On May 6, 2007, the Federal Emergency Management Agency (FEMA), Department of Homeland Security, declared certain areas in the State of Kansas disaster areas due to severe storms, tornados, and flooding.1 In an effort to assist the telecommunications industry as it restores service in the affected areas of Kansas we grant, on our own motion, a temporary waiver of the Commission's rule for aging telephone numbers for residential customers in those areas declared as disaster areas.2 Section 52.15(f)(ii) of the Commission's numbering rules, 47 C.F.R. § 52.15(f)(ii), allows carriers to age numbers previously assigned to residential customers for no more than 90 days before making them available for assignment to another customer.3 Waiver of this rule will allow carriers in the affected areas to disconnect temporarily customers' telephone service, upon request, to avoid billing issues, and then reinstate the same number when the service is reconnected for customers in those areas. 2. We recognize that customers who have been displaced by the storm conditions in Kansas may desire to discontinue their service temporarily and to reinstate it at a later time. Due to the catastrophic nature of the damage to telecommunications systems in Kansas, we expect that in many cases these customers may seek to reinstate their service after the 90-day period has lapsed. Section 1.3 of our rules, 47 C.F.R. § 1.3, authorizes the Commission to suspend, revoke, amend, or waive a Commission rule for good cause shown.4 Accordingly, we find that, in order to promote the maintenance and rebuilding of communities in storm ravaged areas and to facilitate continued access to telecommunications services for storm victims, it is in the public interest to waive section 52.15(f)(ii) of the Commission's rules to allow carriers to hold numbers for more than 90 days before they are available 1 See http://www.fema.gov/news/eventdfrns.fema?id=8005. 2 Aging numbers are disconnected numbers that are not available for assignment to another end user or customer for a specified period of time. Numbers previously assigned to residential customers may be aged for no more than 90 days. See 47 C.F.R. § 52.15(f)(ii). 3 See id. This order applies to all telecommunications carriers, including both wireline and wireless carriers. 4 47 C.F.R. § 1 3. This rule provides that "[a]ny provision of the rules may be waived by the Commission on its own motion or on petition if good cause therefore is shown." Federal Communications Commission DA 07-2893 2 for reassignment. This waiver applies to carriers to the extent that they provide service in areas of Kansas declared as disaster areas. 3. We also recognize that customers in the affected rate centers may need to port numbers to destinations outside those rate centers. Therefore, we also grant, on our own motion, a waiver of Commission rules to allow for the porting of telephone numbers geographically outside a rate center during this period of service disruption. This waiver applies to carriers to the extent they provide service in areas of Kansas declared as disaster areas, or to carriers assisting affected carriers in their efforts to continue or restore service. This waiver also applies to the numbering administrators, to the extent necessary to support carriers in the affected areas. We find that waiver of the Commission’s local number portability rules in this instance is a reasonable and practical means for assisting in disaster recovery and, accordingly, it is in the public interest to grant it. 4. Based on the discussion above, we therefore waive temporarily the Commission's rules for aging residential numbers and geographic number porting to the extent necessary to permit carriers to restore service in the affected areas during this period of service disruption.5 The waiver is in effect immediately for nine months, until March 28, 2008. If carriers are unable to resume service on a normal basis after this time period has lapsed, they should request additional relief from the Wireline Competition Bureau. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 251(b)(2), and 251(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 251(b)(2) and 251(e), and sections 0.91, 0.291 and 1.3 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, that 47 C.F.R. § 52.15(f)(ii) and our local number portability and number assignment rules contained in part 52 of the Commission rules, are waived to the extent herein described. FEDERAL COMMUNICATIONS COMMISSION Marcus Maher Associate Chief Wireline Competition Bureau 5 A similar waiver was granted in 2005 to carriers in states affected by Hurricane Katrina. See Telephone Number Portability; Numbering Resource Optimization Order, CC Docket No. 95-116; CC Docket 99-200, 20 FCC Rcd 15077 (2005); Numbering Resource Optimization Order, CC Docket No. 99-200, 20 FCC Rcd 15093 (2005).