Federal Communications Commission DA 11-1875 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 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) WC Docket No. 07-271 CC Docket No. 95-155 ORDER Adopted: November 10, 2011 Released: November 10, 2011 By the Chief, Wireline Competition Bureau: 1. In this Order, the Wireline Competition Bureau (Bureau) grants a petition to extend the temporary assignment1 of three toll free numbers to the Substance Abuse and Mental Health Services Administration (SAMHSA). SAMHSA and the Kristin Brooks Hope Center (KBHC) jointly filed the petition for extension.2 The Bureau’s current assignment of the three toll free numbers expires on 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); 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); 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 12735, 37, para. 3 (2011) (extending the temporary reassignment until November 14, 2011) (Remand Extension Order 3). 2 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 Oct. 28, 2011) (Joint Petition). Federal Communications Commission DA 11-1875 2 November 14, 2011.3 The Bureau grants the parties’ request and extends the current temporary assignment until December 30, 2011. 2. The Commission’s Order assigning these three toll free numbers from KBHC to SAMHSA4 was remanded to the Commission by the U.S. Court of Appeals for the D. C. Circuit on December 3, 2010.5 The Bureau sought comment on issues raised in the D.C. Court Remand, and both KBHC and SAMHSA responded.6 In their request for an extension, SAMHSA and KBHC state that “[g]iven the numerous legal and factual issues raised in the remand proceeding” an extension will “better enable the Commission to review the detailed information provided by the parties….”7 We agree with the parties and find that good cause exists to extend the current assignment until December 30, 2011. 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 0.291,8 the current 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 December 30, 2011. 3 Remand Extension Order 3 at 13727, para 3. 4 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. 5 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. 6 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). 7 Joint Petition at 2. 8 See 47 U.S.C. § 155(c). Federal Communications Commission DA 11-1875 3 4. It is FURTHER 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, the Joint Petition filed by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration and the Kristin Brooks Hope Center on October 28, 2011 IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief, Wireline Competition Bureau