Federal Communications Commission DA 09-1804 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Toll Free Service Access Codes ) ) ) CC Docket No. 95-155 ORDER Adopted: August 13, 2009 Released: August 13, 2009 By the Associate Chief, Wireline Competition Bureau: 1. On January 22, 2007, pursuant to the Commission’s exclusive jurisdiction over numbering resources1 and its obligation to protect public safety,2 the Wireline Competition Bureau (Bureau) assigned three toll free numbers to the Substance Abuse and Mental Health Services Administration (SAMHSA)3 for a period of one year.4 Those numbers had previously been used by the Kristin Brooks Hope Center (KBHC), a private non-profit organization. KBHC filed an Application for Review of that Order on February 21, 2007.5 On November 20, 2007, SAMHSA filed a request that the temporary assignment be made permanent to ensure the continuous operation of the three toll free numbers as public resources.6 The Bureau has extended this temporary assignment several times.7 In this Order, we extend the current temporary assignment for an additional two months. 2. The Bureau’s current extension of the temporary assignment of the three toll free numbers expires on August 14, 2009. The parties have continued to file written and oral ex parte presentations to 1 47 U.S.C. § 251(e)(1). 2 47 U.S.C. § 151. 3 SAMHSA is a component of the U.S. Department of Health and Human Services. 4 See Toll Free Service Access Codes, CC Docket No. 95-155, Order, 22 FCC Rcd 651 (WCB 2007), app. for review pending. 5 Kristin Brooks Hope Center Application for Review, Toll Free Service Access Codes, CC Docket 95-155 (filed Feb. 21, 2007). 6 U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration Petition for Permanent Reassignment of Three Toll Free Suicide Prevention Hotline Numbers, WC Docket No. 07- 271 at 2, 4 (filed Nov. 20, 2007). 7 See Toll Free Service Access Codes, CC Docket No. 95-155, Order, 22 FCC Rcd 21573 (WCB 2007) (extension until Apr. 21, 2008); see also Toll Free Service Access Codes, CC Docket No. 95-155, Order, 23 FCC Rcd 6623 (WCB 2008) (extension until July 17, 2008); see also Toll Free Service Access Codes, CC Docket No. 95-155, Order, 23 FCC Rcd 11015 (WCB 2008) (extension until Nov. 14, 2008); see also Toll Free Service Access Codes, CC Docket No. 95-155, Order, 23 FCC 16659 (WCB 2008) (extension until May 14, 2009); see also Toll Free Service Access Codes, CC Docket No. 95-155, Order, 24 FCC Rcd 5638 (WCB 2009) (extension until August 14, 2009). The numbers subject to these extensions are: 1-800-784-2433 (1-800-SUICIDE); 1-888-784-2433 (1-888- SUICIDE); and 1-877-784-2432 (1-877-SUICIDA). The Commission also refreshed the record on KBHC’s Applications for Review. See Wireline Competition Bureau Seeks to Refresh the Record Regarding Kristin Brooks Hope Center’s Application for Review of the 800-Suicide Order, CC Docket No. 95-155, Public Notice, 22 FCC Rcd 21570 (WCB 2007). Federal Communications Commission DA 09-1804 2 address this ongoing controversy.8 Additionally, two Commissioners were confirmed and sworn in very recently.9 In order to give the full Commission sufficient time to review the record to date and to render a decision in this matter, we extend the current temporary assignment for an additional two months. 3. Accordingly, IT IS ORDERED that, pursuant to sections 151 and 251(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 251(e), and authority delegated under sections 0.91 and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291,10 the temporary assignment of the three toll free numbers at issue IS EXTENDED to October 14, 2009. FEDERAL COMMUNICATIONS COMMISSION Marcus Maher Associate Chief Wireline Competition Bureau 8 See Letter from Danny E. Adams, Counsel for Kristin Brooks Hope Center, to Marlene H. Dortch, Secretary, FCC, CC Docket No. 95-155, WC Docket No. 07-271 (filed June 10, 2009) (ex parte notification of meeting with Jennifer Schneider, Legal Advisor to Acting Chairman Michael J. Copps); Letter from Danny E. Adams, Counsel for Kristin Brooks Hope Center, to Marlene H. Dortch, Secretary, FCC, CC Docket No. 95-155, WC Docket No. 07-271 (filed June 10, 2009) (ex parte notification of meeting with Mark Stone, Legal Advisor to Commissioner Adelstein). The Bureau also asked parties to file all final additional information in the dockets by June 15, 2009. See Toll Free Service Access Codes, CC Docket No. 95-155, Order, 24 FCC Rcd at 5639, para. 2; see also Letter from Danny E. Adams, Counsel for Kristin Brooks Hope Center, to Michael J. Copps, Acting Chairman, FCC, CC Docket No. 95- 155, WC Docket No. 07-271 (filed June 15, 2009); Letter from Rina Hakimian, Senior Attorney for U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration, to Michael J. Copps, Acting Chairman, FCC, CC Docket No. 95-155, WC Docket No. 07-271 at 3 (filed June 15, 2009); Letter from Brother Pope Simmons, Chairman of the Board, Kristin Brooks Hope Center, to Kathleen Sebelius, Secretary, U.S. Department of Health and Human Services, CC Docket No. 95-155, WC Docket No. 07- 271 (filed July 23, 2009); Letter from Eric B. Broderick, D.D.S., M.P.H., Acting Administrator and Assistant Surgeon General, for U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration, to Brother Pope Simmons, Chairman of the Board, Kristin Brooks Hope Center, CC Docket No. 95- 155, WC Docket No. 07-271 (filed Aug. 11, 2009). 9 See FCC Chairman Julius Genachowski Welcomes Meredith Attwell Baker to FCC, News Release (rel. July 31, 2009); FCC Chairman Julius Genachowski Welcomes Mignon Clyburn to the FCC, News Release (rel. Aug. 3, 2009). 10 See 47 U.S.C. § 155(c).