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 Federal  Communications  Commission  FCC  05-  20 
 CONCURRING  STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 


 Re:  Administration  of  the  North  American  Numbering  Plan,  Order,  CC  Docket  No.  99-  200,  FCC  05-  20 
 I  support  the  Commission’s  decision  to  grant  SBC  IP  Communications  direct  access  to  numbering  resources,  subject  to  the  conditions  set  forth  in  this  Order.  I  would  have  preferred,  however, 
 to  grant  such  access  by  adopting  a  rule  of  general  applicability,  rather  than  by  waiver.  All  of  the  arguments  that  justify  allowing  SBCIP  to  obtain  numbers  directly  appear  to  apply  with  equal  force  to 
 many  other  IP  providers,  suggesting  that  this  decision  will  trigger  a  series  of  “me  too”  waiver  petitions.  Moreover,  proceeding  by  rulemaking  would  have  better  enabled  the  Commission  to  address  potential 
 concerns  associated  with  the  direct  allocation  of  numbers  to  IP  providers.  Particularly  where,  as  here,  the  Commission  already  has  sought  public  comment  in  a  Notice  of  Proposed  Rulemaking,  I  support  adhering 
 to  the  notice-  and-  comment  rulemaking  process  established  by  the  APA,  rather  than  developing  important  policies  through  an  ad  hoc  waiver  process. 
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