Federal Communications Commission	DA 22-89


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


In the Matter of

Numbering Policies for Modern Communications

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WC Docket No. 13-97

ORDER

Adopted:  January 26, 2022	Released:  January 26, 2022

By the Chief, Wireline Competition Bureau:

I. INTRODUCTION
1. In this Order we grant, subject to the limitations and conditions described below, the request filed by United States Cellular Corporation (US Cellular) for temporary waiver of section 52.15(g)(2) of the Commission’s rules to allow it to ensure the continuity of service to roughly 50,000 Internet of Things (IoT) devices.
II. BACKGROUND
2. In fulfilling its goal of ensuring that limited numbering resources are used efficiently, the Commission has focused on, among other things, ensuring that service providers seeking numbering resources have legitimate need for such resources. See, e.g., Numbering Resource Optimization, CC Docket No. 99-200, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 7574, 7578-79, para. 5, 7615, para. 99 (2000) (Numbering Resource Optimization First Report and Order).
  Commission rules have long required service providers to demonstrate that they are capable of using, on a timely basis, the numbering resources that they seek, which has included having authorization to provide service in the pertinent geographic area. Id. at 7614-15, paras. 96-99.
  This requirement is currently embodied in section 52.15(g)(2) of the Commission’s rules, which states as follows in pertinent part:
An applicant for initial numbering resources must include in its application evidence that the applicant is authorized to provide service in the area for which the numbering resources are requested; and that the applicant is or will be capable of providing service within sixty (60) days of the numbering resources activation date. 47 CFR 52.15(g)(2).  The Commission has waived section 52.15(g)(2) in the past for good cause shown.  See, e.g., Petition of Vonage Holdings Corp. for Limited Waiver of Section 52.15(g)(2)(i) of the Commission’s Rules Regarding Access to Numbering Resources; Petition of TeleCommunication Systems, Inc. and HBF Group, Inc. for Waiver of Part 52 of the Commission’s Rules, CC Docket No. 99-200, 28 FCC Rcd 5842, 5878-86, paras. 87-114 (2013).

3. On December 14, 2021, US Cellular filed a request seeking a limited, temporary waiver of the service authorization requirement with respect to certain numbering resources already being used to provide mobile data services to roughly 50,000 fleet devices indirectly through Aeris, described as an Internet of Things (IoT) Mobile Virtual Network Operator (MVNO). See United States Cellular Corporation, Request for Waiver of Section 52.15(g)(2) of the FCC’s Rules, 47 C.F.R. Section 52.15(g)(2), WC Docket No. 13-97 (filed Dec. 14, 2021) (Request) at 1-3.
  Service to these fleet devices will soon be discontinued by the facilities-based wireless service provider with which Aeris currently has an MVNO relationship. Id. at 2.
  US Cellular, with which Aeris now has a service agreement, seeks to maintain service to this limited number of IoT devices for a limited time by becoming the temporary assignee of the numbers that Aeris currently uses to provide service.  US Cellular would do this by using the North American Numbering Plan Administrator/Pooling Administrator’s “Thousands-Block modification inter-OCN (transfer)” process See ATIS, Industry Numbering Committee, Thousands-Block and Central Office Code Administration Guidelines, ATIS 0300119(2022-01), 9.1.9 (Jan. 14, 2022), https://access.atis.org/apps/group_public/document.php?document_id=63430.
 to transfer to US Cellular the thousands-blocks of telephone numbers currently used to provide service. Request at 1, 3.  The specific blocks of numbers subject to US Cellular’s request are set forth in US Cellular’s January 21, 2022 Ex Parte Letter.  Letter from Peter M. Conolly, Holland & Knight LLP, Counsel for United States Cellular Corporation, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 13-97, at 1 (filed Jan. 21, 2019) (January 21, 2022 Ex Parte Letter).
  Pursuant to section 52.15(g)(2) of the Commission’s rules, US Cellular is required to demonstrate that it has authorization to provide service in the geographic areas associated with those numbers.  US Cellular, however, cannot comply with the service authorization requirement of section 52.15(g) because it does not hold a qualifying legal authorization, such as a wireless license, in the geographic areas.  US Cellular explains that the fleet devices at issue in its request represent a small portion of the devices that Aeris is currently migrating to US Cellular from Aeris’s current facilities-based provider, the remainder of which can be served without a waiver of the Commission’s rules. Request at 2.

III. DISCUSSION
4. Generally, the Commission’s rules may be waived for “good cause shown.” 47 CFR § 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert denied, 409 U.S. 1027 (1972).
  The Commission may exercise its discretion to waive a rule where (a) the particular facts make strict compliance inconsistent with the public interest, (b) special circumstances warrant a deviation from the general rule, and (c) such deviation will serve the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular).
  We conclude that good cause exists to grant US Cellular’s request.
5. Section 52.15(g)(2) was adopted to prevent service providers (wireline and wireless) from “build[ing] inventories before they are prepared to offer service” because such practices “result[] in highly inefficient distribution of numbering resources and [are] counterproductive to [the Commission’s] goal of optimizing the use of numbering resources.” Numbering Resource Optimization First Report and Order, 15 FCC Rcd at 7614, para. 96.
  In this specific case, however, the policy would not be undermined by the proposed numbers transfer and operation.  US Cellular’s request pertains to numbers that have already been assigned, are already in service, and which US Cellular seeks to keep in service for up to 24 months. We also note that because the IoT devices cannot place or receive public switched telephone network calls, we need not examine any potential consequences of US Cellular controlling numbering resources associated with a geographic area in which US Cellular does not have facilities.  See January 21, 2022 Ex Parte Letter at 2.
  Further, US Cellular has committed to return the numbering resources to the NANPA/PA no later than 24 months after any waiver is granted, and we condition our grant on US Cellular’s compliance with this commitment (and, as possible, returning individual blocks of numbers prior to such date as they are no longer in service).  Accordingly, these numbering resources will continue to be used appropriately and efficiently, now and in the future, in conformance with the objectives of section 52.15(g)(2).
6. We also determine that special circumstances support US Cellular’s request.  US Cellular’s waiver request seeks to avoid disruption of service to a wholesale customer, Aeris, for a limited duration and is confined to a limited number of already in-service devices, which represent only a small portion of Aeris’s overall service migration away from its current facilities-based provider.  Further, although US Cellular lacks wireless licenses in the substantial majority of the United States, the waiver is limited to two particular geographic areas. See United States Cellular Corporation, Voice and Data Maps, https://www.uscellular.com/coverage-map/voice-and-data-maps (U.S. Cellular Licensed Markets) (last visited Jan. 20, 2022).

7. At the same time, there are public interest benefits in granting US Cellular’s narrowly-tailored request¾preventing roughly 50,000 IoT fleet devices from losing service when US Cellular stands ready to provide service continuity.  The Commission has long considered preventing service disruption to customers as furthering the public interest. See, e.g., WorldCom, Inc. and its Subsidiaries and MCI, Inc., Memorandum Opinion and Order, 18 FCC Rcd 26484, 26504, para. 30 (2003).
  We therefore conclude that good cause has been shown for granting a temporary waiver of section 52.15(g)(2) of our rules for a period of not more than 24 months from release of this order, and subject to the conditions expressed herein.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 251(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 251(e), and sections 0.91(b), 0.291, 1.3, and 52.15(g)(2) of the Commission’s rules, 47 CFR §§ 0.91(b), 0.291, 1.3, 52.15 (g)(2) that the Request for Waiver filed by United States Cellular Corporation on December 14, 2021 IS GRANTED subject to the limitations and conditions as provided herein.
9. IT IS FURTHER ORDERED that pursuant to section 1.102(b)(1) of the Commission’s rules, 47 CFR § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release.

						FEDERAL COMMUNICATIONS COMMISSION




Kris Anne Monteith
Chief
Wireline Competition Bureau
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