Federal Communications Commission DA 11-1512 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of 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 Toll Free Service Access Codes ) ) ) ) ) ) ) ) ) WC Docket No. 07-271 CC Docket No. 95-155 ORDER Adopted: September 7, 2011 Released: September 7, 2011 By the Chief, Wireline Competition Bureau: 1. In this Order, the Wireline Competition Bureau (Bureau) extends the current temporary assignment1 of three toll free numbers to the Substance Abuse and Mental Health Services Administration (SAMHSA) until November 14, 2011. The Bureau’s current assignment of the three toll free numbers expires on September 12, 2011.2 2. The Commission’s Order assigning these three toll free numbers from the Kristin Brooks Hope Center (KBHC) to SAMHSA3 was remanded to the Commission by the U.S. Court of Appeals for the D. C. Circuit on December 3, 2010.4 The Bureau sought comment on issues raised in the D.C. Court 1 U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s Petition for the Permanent Reassignment of Three Toll Free Suicide Prevention Numbers, WC Docket No. 07-271, Toll Free Service Access Codes, CC Docket No. 95-155, Order and Request for Comment, 26 FCC Rcd 327, 332, para. 17 (temporarily reassigning the numbers to SAMHSA until June 1, 2011) (Order and Request for Comment); see also U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration Petition for the Permanent Reassignment of Three Toll Free Suicide Prevention Hotline Numbers, WC Docket No. 07-271, Toll Free Service Access Codes, CC Docket No. 95-155, Order, 26 FCC Rcd 1395, 96, para. 3 (2011) (extending the temporary reassignment until June 15, 2011 to allow the parties additional time to collect and provide detailed information to the Commission) (Remand Extension Order); U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration Petition for the Permanent Reassignment of Three Toll Free Suicide Prevention Hotline Numbers, WC Docket No. 07-271, Toll Free Service Access Codes, CC Docket No. 95-155, Order, 26 FCC Rcd 8454, 55, para. 3 (2011) (extending the temporary reassignment until September 12, 2011) (Remand Extension Order 2). 2 Remand Extension Order 2 at para 3. 3 U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s Petition for the Permanent Reassignment of Three Toll Free Suicide Prevention Numbers, WC Docket No. 07-271, Toll Free Service Access Codes, CC Docket No. 95-155, Memorandum Opinion and Order and Order on Review, 24 FCC Rcd 13022 (2009) (Reassignment Order). KBHC is a private, non-profit organization and SAMHSA is a component of the U.S. Department of Health and Human Services. 4 Kristin Brooks Hope Center v. FCC, 626 F.3d 586 (D.C. Cir. 2010) (D.C. Court Remand). For a complete history of this proceeding, see Order and Request for Comment, 26 FCC Rcd at 327-329, paras. 1-4. Federal Communications Commission DA 11-1512 2 Remand, and both KBHC and SAMHSA responded.5 After an initial round of comments, the parties continued to file written comments and to make oral ex parte presentations to address issues raised in this proceeding.6 The temporary assignment of the three toll free numbers at issue will expire on September 12, 2011.7 KBHC and SAMHSA filed a joint petition asking the Commission to extend that deadline for 30 days to permit the agency to more fully evaluate the growing record.8 To fully evaluate the information and arguments that both parties have presented, as well as numerous public comments,9 we find that good cause exists to extend the current assignment until November 14, 2011. This extension will allow the Commission to take full consideration of the record; including materials filed recently, and will help address issues raised by the D.C. Circuit’s decision in this matter.10 5 See Comments of the Kristin Brooks Hope Center, WC Docket No. 07-271, CC Docket No. 95-155 (filed Feb. 28, 2011); see also Reply Comments of the Kristin Brooks Hope Center, WC Docket No. 07-271, CC Docket No. 95- 155 (filed Mar. 7, 2011); Comments of U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration, WC Docket No. 07-271, CC Docket No. 95-155 (filed Feb. 28, 2011); Reply Comments of U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration, WC Docket No. 07-271, CC Docket No. 95-155 (filed Mar. 7, 2011). 6 See e.g., Letter from Steven A. Augustino, Counsel to KBHC, to Sharon E. Gillett, Chief, Wireline Competition Bureau, FCC, WC Docket No. 07-271, CC Docket No. 95-155 (filed June 2, 2011); see also Letter from Rina Hakimian, Senior Attorney for SAMHSA, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 07-271 (filed June 7, 2011); Letter from Steven A. Augustino, Counsel to KBHC, to Sharon E. Gillett, Chief, Wireline Competition Bureau, FCC, WC Docket No. 07-271, CC Docket No. 95-155 (filed June 15, 2011); Letter from Steven A. Augustino, Counsel to KBHC, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 07-271 (filed June 28, 2011). 7 Remand Extension Order 2 at para 3. 8 See Joint Petition of the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration and the Kristin Brooks Hope Center, CC Docket No. 95-155, WC Docket No. 07-271 (filed Aug. 19, 2011). 9 See e,g., Letter from Kathryn Goetzke, MBA, Founder, International Foundation for Research and Education on Depression, to Julius Genachowski, Chairman, FCC, WC Docket No. 07-271 (filed July 11, 2011); Letter from Paul Quinnett, Ph.D., President and CEO, QPR Institute, Inc., to Julius Genachowski, Chairman, FCC, WC Docket No. 07-271 (filed July 21, 2011); Letter from Robert Gebbia, Executive Director, American Foundation for Suicide Prevention, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 07-271 (filed Aug. 16, 2011); Letter from Michael F. Hogan, Ph.D., Commissioner, New York Office of Mental Health, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 07-271 (filed Aug. 22, 2011); Letter from Brian Hepburn, M.D., Executive Director, Maryland Mental Hygiene Administration, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 07-271 (filed Aug. 25, 2011). 10 D.C. Court Remand, 626 F.3d 586. Federal Communications Commission DA 11-1512 3 3. Accordingly, IT IS ORDERED that, pursuant to sections 1, 4(i) and 251(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), and 251(e), sections 1.3 and 52.111 of the Commission’s rules, 47 C.F.R. §§ 1.3 and 52.111, and pursuant to authority delegated under sections 0.91 and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91 and 0.291,11 the current extension of the assignment of toll free numbers 1-800-784-2433 (1-800-SUICIDE), 1-877-784-2432 (1-877- SUICIDA), and 1-888-784-2433 (1-888-SUICIDE) to the Substance Abuse and Mental Health Services Administration IS EXTENDED to November 14, 2011. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief, Wireline Competition Bureau 11 See 47 U.S.C. § 155(c).