Federal Communications Commission	DA 18-808


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Telephone Number Portability

Numbering Resource Optimization
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CC Docket No. 95-116

CC Docket No. 99-200

ORDER

Adopted:  August 2, 2018	Released:  August 2, 2018

By the Chief, Wireline Competition Bureau:


I. INTRODUCTION
1. In this Order, the Wireline Competition Bureau (Bureau) grants CenturyLink’s request Request for Waiver, CC Docket Nos. 95-116, 99-200 (filed July 20, 2018), https://www.fcc.gov/ecfs/filing/107200693101990 (CenturyLink Waiver Extension Request).
 for an extension of the waiver of the Commission’s numbering rules, issued by the Bureau on September 21, 2017. See generally Telephone Number Portability et al., Order, 32 FCC Rcd 7005 (WCB 2017) (September 2017 Waiver Order).
  Due to the extensive damage in the U.S. Virgin Islands (USVI) caused by Hurricane Maria, See, e.g., Nat’l Oceanographic & Atmospheric Admin., National Hurricane Center Tropical Cyclone Report – Hurricane Maria 6-8 (2018), https://www.nhc.noaa.gov/data/tcr/AL152017_Maria.pdf; Virgin Islands; Major Disaster and Related Determinations, 82 Fed. Reg. 46,813-14 (Oct. 06, 2017), https://www.federalregister.gov/d/2017-21632. 
 the Bureau concludes that it is in the public interest to extend the waiver to allow CenturyLink additional time to restore services to its customers in the USVI.  Therefore, we find that good cause exists to grant a six-month waiver extension. 
2. On September 21, 2017, the Bureau, on its own motion, issued a waiver relating to carriers porting numbers to locations outside hurricane-affected rate centers in the USVI until June 20, 2018. September 2017 Waiver Order, 32 FCC Rcd at 7006, para. 2.
  Our action was necessitated by the devastating effects of Hurricane Maria on the telecommunications infrastructure in the USVI. Id. at para. 1.
  In that Order, the Bureau stated that carriers could request additional relief if they are unable to resume normal service by that date. Id. at para. 2 (“If service providers are unable to resume service on a normal basis after this period, they may request additional relief from the Wireline Competition Bureau.”)
  On June 19, 2018, Sprint filed a request to extend the waiver because it stated that it was still unable to resume normal service in the USVI Request of Sprint for Extension of Waiver, CC Docket No. 95-116 et al. (filed June 19, 2018), https://www.fcc.gov/ecfs/filing/1061994393791 (Sprint Waiver Extension Request).
 and the Commission granted a six-month extension. In the Matter of Telephone Number Portability; Numbering Resource Optimization, CC Docket Nos. 95-116, 99-200, Order, DA 18-653 (WCB June 22, 2018), 2018 WL 3121173.
  On July 20, 2018, CenturyLink filed a similar request to extend the waiver because it states that it also is unable to resume normal service in the USVI. See CenturyLink Waiver Extension Request.
  
3. In support of its request, CenturyLink reports that it has been working with the incumbent service provider to establish necessary connections, but it has not been successful. CenturyLink Waiver Extension Request at 3.
  In addition, CenturyLink states that it seeks to implement a work-around similar to Sprint, which involves routing calls via Florida.  According to CenturyLink, this work-around will obviate the need for the incumbent to create additional infrastructure in the USVI to establish service for CenturyLink when the incumbent’s limited resources are focused on restoration efforts. Id. 
 
4. Section 1.3 of the Commission’s rules 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.” 47 CFR § 1.3.
  We find that there is good cause to extend the waiver for CenturyLink for six months.  Despite its efforts thus far in the USVI, “CenturyLink is dependent on other parties to establish new trunk groups to support its service, and the local incumbent has not done so.” CenturyLink Waiver Extension Request at 4.
  CenturyLink states that the establishment of its voice and broadband services in the USVI will provide end users another option for reliable and feature-rich services. Id.
  CenturyLink also maintains that “a limited, six-month waiver will mitigate the current hardship being experienced and provide benefits to the USVI.” Id.
  CenturyLink states that this waiver will enable it to provide service to USVI while the incumbent continues to focus on restoration efforts. Id.
  We find that these assertions justify granting the requested extension.  Notwithstanding this waiver, we exhort CenturyLink to expeditiously resolve this issue, and notify the Commission upon completion.   
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 0.291 and 1.3 of the Commission’s rules, 47 CFR §§ 0.291, 1.3, that CenturyLink’s Request for Waiver IS GRANTED, and the relief described in the September 2017 Waiver Order is extended until February 1, 2019.

FEDERAL COMMUNICATIONS COMMISSION




Kris Anne Monteith
Chief
Wireline Competition Bureau
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