80_FR_30078 80 FR 29978 - Local Number Portability Porting Interval and Validation Requirements; Telephone Number Portability; Numbering Resource Optimization

80 FR 29978 - Local Number Portability Porting Interval and Validation Requirements; Telephone Number Portability; Numbering Resource Optimization

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 100 (May 26, 2015)

Page Range29978-29980
FR Document2015-12633

In this document, the Federal Communications Commission (Commission) adopted several recommendations of the North American Numbering Council (NANC) pertaining to local number portability (LNP). Also, the Commission clarified that, notwithstanding the NANC's preference for area code overlays over area code splits, the states still have the option to choose the best means of implementing area code relief for their citizens.

Federal Register, Volume 80 Issue 100 (Tuesday, May 26, 2015)
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29978-29980]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12633]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 52

[WC Docket No. 07-244; CC Docket Nos. 95-116, 99-200; DA 14-842]


Local Number Portability Porting Interval and Validation 
Requirements; Telephone Number Portability; Numbering Resource 
Optimization

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopted several recommendations of the North American 
Numbering Council (NANC) pertaining to local number portability (LNP). 
Also, the Commission clarified that, notwithstanding the NANC's 
preference for area code overlays over area code splits, the states 
still have the option to choose the best means of implementing area 
code relief for their citizens.

DATES: Effective June 25, 2015.

FOR FURTHER INFORMATION CONTACT: Sanford Williams, Wireline Competition 
Bureau, Competition Policy Division, (202) 418-1580, or send an email 
to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in WC Docket No. 07-244; CC Docket Nos. 95-116, 99-200; DA 14-482 
adopted and released on June 20, 2014. The full text of this document 
is available for public inspection during regular business hours in the 
FCC Reference Information Center, Portals II, 445 12th Street SW., Room 
CY-A257, Washington, DC 20554. It is available on the Commission's Web 
site at http://www.fcc.gov.

I. Order

    1. In this Order, we adopt several recommendations of the NANC, a 
federal advisory committee for telephone number administration, 
pertaining to LNP. The Communications Act defines number portability as 
``the ability of users of telecommunications services to retain, at the 
same location, existing telecommunications numbers without impairment 
of quality, reliability, or convenience when switching from one 
telecommunications carrier to another. This means that customers have 
the ability to keep their telephone numbers if they change service 
providers, with a few exceptions. This process is called telephone 
number ``porting.'' These recommendations all involve changes to the 
LNP ``provisioning flows'' and are intended to improve the telephone 
number porting process. Telephone number porting is accomplished by the 
old and new service providers working together and following a uniform 
set of flow charts, referred to as the ``LNP provisioning flows.'' 
These flows consist of diagrams and accompanying narratives which 
explain the processes service providers follow in specific porting 
scenarios. The recommendations addressed in this Order are changes to 
the narratives that accompany the diagrams.
    2. These improvements include revising existing processes for 
cancelling a number port request, clarifying the timeline for re-using 
disconnected ported numbers, and stopping new service providers from 
prematurely activating ports. Also in this Order, we clarify that, 
notwithstanding the NANC's preference for area code overlays over area 
code splits, the states still have the option to choose the best means 
of implementing area code relief for their citizens. An area code 
``split'' occurs when the geographic area served by an area code is 
divided into two or more geographic parts. An area code overlay occurs 
when a new area code is introduced to serve the same geographic area as 
one or more existing area codes. In both scenarios, callers must dial a 
ten-digit telephone number (three-digit area code, plus seven-digit 
number) to reach end users.

II. Background

    3. In May 2010, the Commission adopted various provisioning flows 
in its LNP Standard Fields Order. However, the Commission recognized 
that industry developments would likely require changes to these flows. 
It also acknowledged that ``the NANC is best situated to monitor the 
continued effectiveness of the provisioning process flows, and make 
recommendations when changes are needed.'' Thus, the Commission decided 
that the provisioning flows adopted in that order would remain in 
effect until the Commission approves revised provisioning flows based 
on recommendations from the NANC. The Commission delegated authority to 
the Chief of the Wireline Competition Bureau (Bureau) to approve such 
recommended revisions and directed the NANC to make the revised 
provisioning flows, once approved, available to the public on the NANC 
Web site.
    4. Flows for Cancellations and Disconnections. On January 2, 2013, 
the NANC submitted a letter to the Bureau recommending revisions to the 
provisioning flows for port cancellations, termed by the NANC as the 
``Cancel Flows.'' These flows apply when a customer asks a new service 
provider to port his or her number, and then subsequently decides to 
cancel that request and remain with his or her current provider. The 
customer must notify one of the providers of the cancellation. The NANC 
recommended three revisions to these flows. The first revision 
clarifies the responsibilities of the current and new service 
providers. It states that if the customer contacts the current 
provider, that provider may choose to advise the customer to call the 
new provider to cancel the port request. If the customer contacts the 
new provider, that provider must cancel the port. The second revision 
states that if the current provider decides to cancel the port request, 
it must obtain verifiable authority from the customer, such as a Letter 
of Authorization, dated after the initial port request. The new 
provider must then process the

[[Page 29979]]

cancellation request, even if the current provider does not provide an 
actual copy of the authorization. The third revision outlines the 
different steps to be taken to notify the new provider of the 
cancellation, depending on whether the current provider is a wireline 
or a wireless provider.
    5. In its January 2013 letter, the NANC also recommended deleting 
language in the flow entitled ``Disconnect Process for Ported Telephone 
Numbers.'' That flow applies to ``aging numbers,'' defined by section 
52.15(f)(ii) of the Commission's rules as ``disconnected numbers that 
are not available for assignment to another customer for a specified 
period of time.'' The language to be deleted reads, ``[t]he maximum 
interval between disconnect date and effective release is 18 months.'' 
The NANC proposes to delete this language because it is inconsistent 
with section 52.15(f)(ii) of the Commission's rules, which provides 
that a service provider may not ``age'' disconnected residential 
numbers for more than 90 days and disconnected business numbers for 
more than 365 days.
    6. The Bureau sought comment on these NANC recommendations in May 
2013. In response, the Commission received comments from CenturyLink 
supporting the NANC's recommended revisions to these flows. No 
commenter opposed the recommendations.
    7. Flows and Premature Activation of Ports. On October 17 and 
October 28, 2013, the NANC submitted letters requesting that the 
Commission accept Best Practice 65, which provides that both service 
providers involved in a port must agree to any changes to the original 
due date for that port. According to the NANC letters, there is a 
perceived loophole in the current flows that prompts some new service 
providers to activate ports hours or days before the agreed-to porting 
date and before the old service providers have their networks ready to 
port a number out. These premature port activations can disrupt 
customers' service. The NANC believes it is important that current and 
new service providers coordinate when activating a port, to avoid 
service disruptions. By Best Practice 65, and corresponding 
provisioning flows, the NANC intends to close the perceived loophole 
and stop premature activation of ports.
    8. The Bureau sought comment in December 2013 on the NANC's request 
to accept Best Practice 65 and the corresponding provisioning flows. 
The Commission received comments from CenturyLink and AT&T supporting 
the Best Practice and the corresponding flows, and received no 
opposition to either.

A. Area Code Relief and Number Porting

    9. In its October 17, 2013 letter, the NANC also recommends 
approval of Best Practice 30, which calls for ``All-Services Area Code 
(NPA) Overlays,'' rather than area code splits, as the best solution 
for area code relief. The NANC states that ``NPA Overlays have both 
practical and technical positive implications for customers and service 
providers alike.'' The letter and accompanying attachment explain that 
an overlay avoids the need to synchronize old and new area codes in the 
LNP database to ensure that port requests are completed on time and are 
not misrouted. The NANC notes that area code overlays treat all 
customers the same, allowing them to retain their existing area codes 
and telephone numbers.
    10. The Bureau sought comment on Best Practice 30 in December 2013, 
along with Best Practice 65. CenturyLink and AT&T support Best Practice 
30. Three state agencies express concern about making area code 
overlays mandatory. The state agencies contend that states have the 
greatest expertise regarding the issues facing their citizens and 
should continue to have autonomy to decide whether an area code split 
or an overlay is more appropriate.

III. Discussion

A. LNP Provisioning Flows

    11. We conclude that all of the NANC's proposed revisions to the 
provisioning flows will improve the number porting process for service 
providers and their customers. The flow revisions clarifying the 
process for cancelling port requests will improve communications 
between service providers, and will ensure that port cancellation 
requests are handled properly and without customer inconvenience. The 
change to the disconnection flow will make the disconnection process 
consistent with Commission rules on aging disconnected telephone 
numbers, lessening service provider and customer confusion. Also, Best 
Practice 65 and the corresponding provisioning flows will ensure that 
service providers are in sync when activating a port, thus avoiding 
disruption of service to customers. Therefore, pursuant to the 
Commission's authority over telephone number administration and 
porting, and the authority delegated to the Bureau by the full 
Commission, we adopt the NANC's recommended changes to the LNP 
provisioning flows and require the industry to adhere to them. Pursuant 
to the Commission's 2010 LNP Standard Fields Order, we direct the NANC 
to make these revised provisioning flows available to the public 
through the NANC's Web site.

B. Area Code Relief and Number Porting

    12. The NANC's Local Number Portability Administration (LNPA) 
Working Group has created many Best Practices to facilitate porting 
between service providers. The Bureau appreciates and commends those 
efforts to improve the number porting process. However, we do not, in 
this Order, adopt and codify Best Practice 30. And, we make clear that 
unless the Commission specifically adopts and codifies a Best Practice, 
it is not mandatory. Section 52.19(a) of the Commission's rules gives 
state commissions the discretion to decide how to introduce new area 
codes within their states. Therefore, the states still have the option 
to choose between an area code split or overlay in determining the best 
way to implement area code relief for their citizens.

IV. Procedural Matters

A. Paperwork Reduction Act of 1995 Analysis

    13. This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

B. Congressional Review Act

    14. The Commission will send a copy of the Order on Reconsideration 
in a report to be sent to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).

C. Accessible Formats

    15. To request materials in accessible formats for people with 
disabilities (braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Contact the 
FCC to request reasonable accommodations for filing comments 
(accessible format documents, sign language interpreters, CARTS, etc.) 
by email: [email protected]; phone: (202) 418-0530 (voice), (202) 418-0432 
(TTY).

[[Page 29980]]

V. Ordering Clauses

    16. Accordingly, it is ordered that, pursuant to sections 1, 4(i)-
4(j), 5, 251, and 303(r) of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i)-(j), 155, 251, 303(r), this Order approving the 
North American Numbering Council's recommendation to revise the 
``Cancel Flows'' in the Local Number Portability Provisioning Flows, WC 
Docket No. 07-244, CC Docket Nos. 95-116 and 99-200, is adopted.
    17. It is further ordered that, pursuant to sections 1, 4(i)-4(j), 
5, 251, and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i)-(j), 155, 251, 303(r), this Order approving the 
North American Numbering Council's recommendation to revise the 
``Disconnect Process for Ported Telephone Numbers'' in the Local Number 
Portability Provisioning Flows, WC Docket No. 07-244, CC Docket Nos. 
95-116 and 99-200, is adopted.
    18. It is further ordered that, pursuant to sections 1, 4(i)-4(j), 
5, 251, and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i)-(j), 155, 251, 303(r), this Order approving the 
North American Numbering Council's recommendation to accept Best 
Practice 65 and the corresponding revisions to the Local Number 
Portability Provisioning flows, and denying the North American 
Numbering Council's recommendation to accept Best Practice 30, WC 
Docket No. 07-244, CC Docket Nos. 95-116 and 99-200, is adopted.
    19. It is further ordered that this Order shall become effective 30 
days after publication in the Federal Register.

Federal Communications Commission.
Sanford S. Williams,
Assistant Chief, Competition Policy Division, Wireline Competition 
Bureau.
[FR Doc. 2015-12633 Filed 5-22-15; 8:45 am]
 BILLING CODE 6712-01-P



                                                  29978              Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations

                                                  Number 1625–0086, Great Lakes                           implementing area code relief for their               choose the best means of implementing
                                                  Pilotage Methodology.                                   citizens.                                             area code relief for their citizens. An
                                                                                                          DATES: Effective June 25, 2015.                       area code ‘‘split’’ occurs when the
                                                  E. Federalism
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      geographic area served by an area code
                                                     A rule has implications for federalism               Sanford Williams, Wireline Competition                is divided into two or more geographic
                                                  under E.O. 13132, Federalism, if it has                 Bureau, Competition Policy Division,                  parts. An area code overlay occurs when
                                                  a substantial direct effect on the States,              (202) 418–1580, or send an email to                   a new area code is introduced to serve
                                                  on the relationship between the national                sanford.williams@fcc.gov.                             the same geographic area as one or more
                                                  government and the States, or on the                                                                          existing area codes. In both scenarios,
                                                                                                          SUPPLEMENTARY INFORMATION: This is a
                                                  distribution of power and                                                                                     callers must dial a ten-digit telephone
                                                                                                          summary of the Commission’s Order in
                                                  responsibilities among the various                                                                            number (three-digit area code, plus
                                                                                                          WC Docket No. 07–244; CC Docket Nos.
                                                  levels of government. We have analyzed                                                                        seven-digit number) to reach end users.
                                                                                                          95–116, 99–200; DA 14–482 adopted
                                                  this rule under that order and have
                                                                                                          and released on June 20, 2014. The full               II. Background
                                                  determined that it is consistent with the
                                                                                                          text of this document is available for                   3. In May 2010, the Commission
                                                  fundamental federalism principles and
                                                                                                          public inspection during regular                      adopted various provisioning flows in
                                                  preemption requirements described in
                                                                                                          business hours in the FCC Reference                   its LNP Standard Fields Order.
                                                  E.O. 13132. Our analysis is explained
                                                                                                          Information Center, Portals II, 445 12th              However, the Commission recognized
                                                  below. Congress directed the Coast
                                                                                                          Street SW., Room CY–A257,                             that industry developments would
                                                  Guard to establish ‘‘rates and charges for
                                                                                                          Washington, DC 20554. It is available on              likely require changes to these flows. It
                                                  pilotage services.’’ 46 U.S.C. 9303(f).
                                                                                                          the Commission’s Web site at http://                  also acknowledged that ‘‘the NANC is
                                                  This regulation is issued pursuant to
                                                                                                          www.fcc.gov.                                          best situated to monitor the continued
                                                  that statute and is preemptive of state
                                                  law as specified in 46 U.S.C. 9306.                     I. Order                                              effectiveness of the provisioning process
                                                  Under 46 U.S.C. 9306, a ‘‘State or                                                                            flows, and make recommendations
                                                                                                             1. In this Order, we adopt several                 when changes are needed.’’ Thus, the
                                                  political subdivision of a State may not                recommendations of the NANC, a
                                                  regulate or impose any requirement on                                                                         Commission decided that the
                                                                                                          federal advisory committee for                        provisioning flows adopted in that order
                                                  pilotage on the Great Lakes.’’                          telephone number administration,
                                                     As a result, States or local                                                                               would remain in effect until the
                                                                                                          pertaining to LNP. The Communications                 Commission approves revised
                                                  governments are expressly prohibited                    Act defines number portability as ‘‘the
                                                  from regulating within this category.                                                                         provisioning flows based on
                                                                                                          ability of users of telecommunications                recommendations from the NANC. The
                                                  Therefore, this rule is consistent with                 services to retain, at the same location,
                                                  the principles of federalism and                                                                              Commission delegated authority to the
                                                                                                          existing telecommunications numbers                   Chief of the Wireline Competition
                                                  preemption requirements in E.O. 13132.                  without impairment of quality,                        Bureau (Bureau) to approve such
                                                    Dated: May 20, 2015.                                  reliability, or convenience when                      recommended revisions and directed
                                                  Gary C. Rasicot,                                        switching from one telecommunications                 the NANC to make the revised
                                                  Director, Marine Transportation Systems,                carrier to another. This means that                   provisioning flows, once approved,
                                                  U.S. Coast Guard.                                       customers have the ability to keep their              available to the public on the NANC
                                                  [FR Doc. 2015–12734 Filed 5–22–15; 8:45 am]             telephone numbers if they change                      Web site.
                                                  BILLING CODE 9110–04–P                                  service providers, with a few                            4. Flows for Cancellations and
                                                                                                          exceptions. This process is called                    Disconnections. On January 2, 2013, the
                                                                                                          telephone number ‘‘porting.’’ These                   NANC submitted a letter to the Bureau
                                                  FEDERAL COMMUNICATIONS                                  recommendations all involve changes to                recommending revisions to the
                                                  COMMISSION                                              the LNP ‘‘provisioning flows’’ and are                provisioning flows for port
                                                                                                          intended to improve the telephone                     cancellations, termed by the NANC as
                                                  47 CFR Part 52                                          number porting process. Telephone                     the ‘‘Cancel Flows.’’ These flows apply
                                                                                                          number porting is accomplished by the                 when a customer asks a new service
                                                  [WC Docket No. 07–244; CC Docket Nos.                   old and new service providers working                 provider to port his or her number, and
                                                  95–116, 99–200; DA 14–842]                              together and following a uniform set of               then subsequently decides to cancel that
                                                  Local Number Portability Porting                        flow charts, referred to as the ‘‘LNP                 request and remain with his or her
                                                  Interval and Validation Requirements;                   provisioning flows.’’ These flows                     current provider. The customer must
                                                  Telephone Number Portability;                           consist of diagrams and accompanying                  notify one of the providers of the
                                                  Numbering Resource Optimization                         narratives which explain the processes                cancellation. The NANC recommended
                                                                                                          service providers follow in specific                  three revisions to these flows. The first
                                                  AGENCY:  Federal Communications                         porting scenarios. The                                revision clarifies the responsibilities of
                                                  Commission.                                             recommendations addressed in this                     the current and new service providers.
                                                  ACTION: Final rule.                                     Order are changes to the narratives that              It states that if the customer contacts the
                                                                                                          accompany the diagrams.                               current provider, that provider may
                                                  SUMMARY:   In this document, the Federal                   2. These improvements include                      choose to advise the customer to call the
                                                  Communications Commission                               revising existing processes for                       new provider to cancel the port request.
                                                  (Commission) adopted several                            cancelling a number port request,                     If the customer contacts the new
                                                  recommendations of the North                            clarifying the timeline for re-using                  provider, that provider must cancel the
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                                                  American Numbering Council (NANC)                       disconnected ported numbers, and                      port. The second revision states that if
                                                  pertaining to local number portability                  stopping new service providers from                   the current provider decides to cancel
                                                  (LNP). Also, the Commission clarified                   prematurely activating ports. Also in                 the port request, it must obtain
                                                  that, notwithstanding the NANC’s                        this Order, we clarify that,                          verifiable authority from the customer,
                                                  preference for area code overlays over                  notwithstanding the NANC’s preference                 such as a Letter of Authorization, dated
                                                  area code splits, the states still have the             for area code overlays over area code                 after the initial port request. The new
                                                  option to choose the best means of                      splits, the states still have the option to           provider must then process the


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                                                                     Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations                                         29979

                                                  cancellation request, even if the current               flows, and received no opposition to                  LNP provisioning flows and require the
                                                  provider does not provide an actual                     either.                                               industry to adhere to them. Pursuant to
                                                  copy of the authorization. The third                                                                          the Commission’s 2010 LNP Standard
                                                                                                          A. Area Code Relief and Number Porting
                                                  revision outlines the different steps to                                                                      Fields Order, we direct the NANC to
                                                  be taken to notify the new provider of                    9. In its October 17, 2013 letter, the              make these revised provisioning flows
                                                  the cancellation, depending on whether                  NANC also recommends approval of                      available to the public through the
                                                  the current provider is a wireline or a                 Best Practice 30, which calls for ‘‘All-              NANC’s Web site.
                                                  wireless provider.                                      Services Area Code (NPA) Overlays,’’
                                                                                                          rather than area code splits, as the best             B. Area Code Relief and Number Porting
                                                     5. In its January 2013 letter, the NANC
                                                  also recommended deleting language in                   solution for area code relief. The NANC                 12. The NANC’s Local Number
                                                  the flow entitled ‘‘Disconnect Process                  states that ‘‘NPA Overlays have both                  Portability Administration (LNPA)
                                                  for Ported Telephone Numbers.’’ That                    practical and technical positive                      Working Group has created many Best
                                                  flow applies to ‘‘aging numbers,’’                      implications for customers and service                Practices to facilitate porting between
                                                  defined by section 52.15(f)(ii) of the                  providers alike.’’ The letter and                     service providers. The Bureau
                                                  Commission’s rules as ‘‘disconnected                    accompanying attachment explain that                  appreciates and commends those efforts
                                                  numbers that are not available for                      an overlay avoids the need to                         to improve the number porting process.
                                                  assignment to another customer for a                    synchronize old and new area codes in                 However, we do not, in this Order,
                                                  specified period of time.’’ The language                the LNP database to ensure that port                  adopt and codify Best Practice 30. And,
                                                  to be deleted reads, ‘‘[t]he maximum                    requests are completed on time and are                we make clear that unless the
                                                  interval between disconnect date and                    not misrouted. The NANC notes that                    Commission specifically adopts and
                                                  effective release is 18 months.’’ The                   area code overlays treat all customers                codifies a Best Practice, it is not
                                                  NANC proposes to delete this language                   the same, allowing them to retain their               mandatory. Section 52.19(a) of the
                                                  because it is inconsistent with section                 existing area codes and telephone                     Commission’s rules gives state
                                                                                                          numbers.                                              commissions the discretion to decide
                                                  52.15(f)(ii) of the Commission’s rules,
                                                                                                            10. The Bureau sought comment on                    how to introduce new area codes within
                                                  which provides that a service provider
                                                                                                          Best Practice 30 in December 2013,                    their states. Therefore, the states still
                                                  may not ‘‘age’’ disconnected residential
                                                                                                          along with Best Practice 65.                          have the option to choose between an
                                                  numbers for more than 90 days and
                                                                                                          CenturyLink and AT&T support Best                     area code split or overlay in determining
                                                  disconnected business numbers for
                                                                                                          Practice 30. Three state agencies express             the best way to implement area code
                                                  more than 365 days.
                                                                                                          concern about making area code                        relief for their citizens.
                                                     6. The Bureau sought comment on
                                                  these NANC recommendations in May                       overlays mandatory. The state agencies                IV. Procedural Matters
                                                  2013. In response, the Commission                       contend that states have the greatest
                                                                                                          expertise regarding the issues facing                 A. Paperwork Reduction Act of 1995
                                                  received comments from CenturyLink                                                                            Analysis
                                                  supporting the NANC’s recommended                       their citizens and should continue to
                                                  revisions to these flows. No commenter                  have autonomy to decide whether an                      13. This document does not contain
                                                  opposed the recommendations.                            area code split or an overlay is more                 proposed information collection
                                                     7. Flows and Premature Activation of                 appropriate.                                          requirements subject to the Paperwork
                                                  Ports. On October 17 and October 28,                                                                          Reduction Act of 1995, Public Law 104–
                                                                                                          III. Discussion                                       13. In addition, therefore, it does not
                                                  2013, the NANC submitted letters
                                                  requesting that the Commission accept                   A. LNP Provisioning Flows                             contain any proposed information
                                                  Best Practice 65, which provides that                                                                         collection burden for small business
                                                                                                            11. We conclude that all of the
                                                  both service providers involved in a                                                                          concerns with fewer than 25 employees,
                                                                                                          NANC’s proposed revisions to the
                                                  port must agree to any changes to the                                                                         pursuant to the Small Business
                                                                                                          provisioning flows will improve the
                                                  original due date for that port.                                                                              Paperwork Relief Act of 2002, Public
                                                                                                          number porting process for service
                                                  According to the NANC letters, there is                                                                       Law 107–198, see 44 U.S.C. 3506(c)(4).
                                                                                                          providers and their customers. The flow
                                                  a perceived loophole in the current                     revisions clarifying the process for                  B. Congressional Review Act
                                                  flows that prompts some new service                     cancelling port requests will improve                   14. The Commission will send a copy
                                                  providers to activate ports hours or days               communications between service                        of the Order on Reconsideration in a
                                                  before the agreed-to porting date and                   providers, and will ensure that port                  report to be sent to Congress and the
                                                  before the old service providers have                   cancellation requests are handled                     Government Accountability Office
                                                  their networks ready to port a number                   properly and without customer                         pursuant to the Congressional Review
                                                  out. These premature port activations                   inconvenience. The change to the                      Act, see 5 U.S.C. 801(a)(1)(A).
                                                  can disrupt customers’ service. The                     disconnection flow will make the
                                                  NANC believes it is important that                      disconnection process consistent with                 C. Accessible Formats
                                                  current and new service providers                       Commission rules on aging                               15. To request materials in accessible
                                                  coordinate when activating a port, to                   disconnected telephone numbers,                       formats for people with disabilities
                                                  avoid service disruptions. By Best                      lessening service provider and customer               (braille, large print, electronic files,
                                                  Practice 65, and corresponding                          confusion. Also, Best Practice 65 and                 audio format), send an email to fcc504@
                                                  provisioning flows, the NANC intends                    the corresponding provisioning flows                  fcc.gov or call the Consumer &
                                                  to close the perceived loophole and stop                will ensure that service providers are in             Governmental Affairs Bureau at 202–
                                                  premature activation of ports.                          sync when activating a port, thus                     418–0530 (voice), 202–418–0432 (tty).
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                                                     8. The Bureau sought comment in                      avoiding disruption of service to                     Contact the FCC to request reasonable
                                                  December 2013 on the NANC’s request                     customers. Therefore, pursuant to the                 accommodations for filing comments
                                                  to accept Best Practice 65 and the                      Commission’s authority over telephone                 (accessible format documents, sign
                                                  corresponding provisioning flows. The                   number administration and porting, and                language interpreters, CARTS, etc.) by
                                                  Commission received comments from                       the authority delegated to the Bureau by              email: FCC504@fcc.gov; phone: (202)
                                                  CenturyLink and AT&T supporting the                     the full Commission, we adopt the                     418–0530 (voice), (202) 418–0432
                                                  Best Practice and the corresponding                     NANC’s recommended changes to the                     (TTY).


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                                                  29980              Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations

                                                  V. Ordering Clauses                                     ACTION:   Final rule.                                 administrative impact on contractors or
                                                     16. Accordingly, it is ordered that,                                                                       offerors.
                                                                                                          SUMMARY:   DoD is issuing a final rule
                                                  pursuant to sections 1, 4(i)–4(j), 5, 251,                                                                    III. Executive Orders 12866 and 13563
                                                                                                          amending the Defense Federal
                                                  and 303(r) of the Communications Act                                                                             Executive Orders (E.O.s) 12866 and
                                                                                                          Acquisition Regulation Supplement
                                                  of 1934, as amended, 47 U.S.C. 151,                                                                           13563 direct agencies to assess all costs
                                                                                                          (DFARS) to establish the level of
                                                  154(i)–(j), 155, 251, 303(r), this Order                                                                      and benefits of available regulatory
                                                                                                          approval required for a determination
                                                  approving the North American                                                                                  alternatives and, if regulation is
                                                                                                          and findings for time-and-materials and
                                                  Numbering Council’s recommendation                                                                            necessary, to select regulatory
                                                                                                          labor-hour contracts, or portions of
                                                  to revise the ‘‘Cancel Flows’’ in the                                                                         approaches that maximize net benefits
                                                                                                          contracts, exceeding $1 million.
                                                  Local Number Portability Provisioning                                                                         (including potential economic,
                                                  Flows, WC Docket No. 07–244, CC                         DATES:   Effective May 26, 2015.
                                                                                                                                                                environmental, public health and safety
                                                  Docket Nos. 95–116 and 99–200, is                       FOR FURTHER INFORMATION CONTACT:  Ms.                 effects, distributive impacts, and
                                                  adopted.                                                Jennifer Johnson, telephone 571–372–                  equity). E.O. 13563 emphasizes the
                                                     17. It is further ordered that, pursuant             6176.                                                 importance of quantifying both costs
                                                  to sections 1, 4(i)–4(j), 5, 251, and 303(r)                                                                  and benefits, of reducing costs, of
                                                  of the Communications Act of 1934, as                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                                harmonizing rules, and of promoting
                                                  amended, 47 U.S.C. 151, 154(i)–(j), 155,                I. Background                                         flexibility. This is not a significant
                                                  251, 303(r), this Order approving the                                                                         regulatory action and, therefore, was not
                                                  North American Numbering Council’s                        DoD is issuing a final rule amending
                                                                                                                                                                subject to review under section 6(b) of
                                                  recommendation to revise the                            the DFARS to establish the level of
                                                                                                                                                                E.O. 12866, Regulatory Planning and
                                                  ‘‘Disconnect Process for Ported                         approval required for a determination
                                                                                                                                                                Review, dated September 30, 1993. This
                                                  Telephone Numbers’’ in the Local                        and findings (D&F) for time-and-                      rule is not a major rule under 5 U.S.C.
                                                  Number Portability Provisioning Flows,                  materials and labor-hour contracts, or                804.
                                                  WC Docket No. 07–244, CC Docket Nos.                    portions of contracts, exceeding $1
                                                  95–116 and 99–200, is adopted.                          million. The D&F must address why                     IV. Regulatory Flexibility Act
                                                     18. It is further ordered that, pursuant             cost-plus-fixed-fee and other contract                  The Regulatory Flexibility Act does
                                                  to sections 1, 4(i)–4(j), 5, 251, and 303(r)            types are not appropriate. The approval               not apply to this rule because this final
                                                  of the Communications Act of 1934, as                   requirements in this rule do not apply                rule does not constitute a significant
                                                  amended, 47 U.S.C. 151, 154(i)–(j), 155,                to contracts that support contingency or              DFARS revision within the meaning of
                                                  251, 303(r), this Order approving the                   peacekeeping operations, or that                      FAR 1.501–1, and 41 U.S.C. 1707 does
                                                  North American Numbering Council’s                      provide humanitarian assistance,                      not require publication for public
                                                  recommendation to accept Best Practice                  disaster relief, or recovery from                     comment.
                                                  65 and the corresponding revisions to                   conventional, nuclear, biological,
                                                                                                          chemical, or radiological attack.                     V. Paperwork Reduction Act
                                                  the Local Number Portability
                                                  Provisioning flows, and denying the                                                                             The rule does not contain any
                                                                                                          II. Publication of This Final Rule for
                                                  North American Numbering Council’s                                                                            information collection requirements that
                                                                                                          Public Comment Is Not Required by
                                                  recommendation to accept Best Practice                                                                        require the approval of the Office of
                                                                                                          Statute                                               Management and Budget under the
                                                  30, WC Docket No. 07–244, CC Docket
                                                  Nos. 95–116 and 99–200, is adopted.                        ‘‘Publication of proposed                          Paperwork Reduction Act (44 U.S.C.
                                                     19. It is further ordered that this Order            regulations’’, 41 U.S.C. 1707, is the                 chapter 35).
                                                  shall become effective 30 days after                    statute which applies to the publication              List of Subjects in 48 CFR Part 216
                                                  publication in the Federal Register.                    of the Federal Acquisition Regulation.
                                                                                                          Paragraph (a)(1) of the statute requires                Government procurement.
                                                  Federal Communications Commission.
                                                                                                          that a procurement policy, regulation,                Amy G. Williams,
                                                  Sanford S. Williams,                                    procedure or form (including an                       Editor, Defense Acquisition Regulations
                                                  Assistant Chief, Competition Policy Division,           amendment or modification thereof)                    System.
                                                  Wireline Competition Bureau.                            must be published for public comment
                                                  [FR Doc. 2015–12633 Filed 5–22–15; 8:45 am]                                                                     Therefore, 48 CFR part 216 is
                                                                                                          if it relates to the expenditure of                   amended as follows:
                                                  BILLING CODE 6712–01–P                                  appropriated funds, and has either a
                                                                                                          significant effect beyond the internal                PART 216—TYPES OF CONTRACTS
                                                                                                          operating procedures of the agency
                                                  DEPARTMENT OF DEFENSE                                   issuing the policy, regulation, procedure             ■ 1. The authority citation for 48 CFR
                                                                                                          or form, or has a significant cost or                 part 216 continues to read as follows:
                                                  Defense Acquisition Regulations                         administrative impact on contractors or                 Authority: 41 U.S.C. 1303 and 48 CFR
                                                  System                                                  offerors. This final rule is not required             chapter 1.
                                                                                                          to be published for public comment
                                                  48 CFR Part 216                                                                                               ■ 2. Section 216.601 is amended by
                                                                                                          because it pertains to requirements for
                                                                                                                                                                revising paragraph (d) to read as
                                                                                                          internal documentation within DoD,
                                                  RIN 0750–AI56                                                                                                 follows:
                                                                                                          specifically, determination and findings
                                                  Defense Federal Acquisition                             for use of the time-and-materials and                 216.601   Time-and-materials contracts.
                                                                                                          labor-hour contract types. These
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  Regulation Supplement: Approval                                                                                  (d) Limitations.
                                                  Threshold for Time-and-Materials and                    requirements affect only the internal                    (i)(A) Approval of determination and
                                                  Labor-Hour Contracts (DFARS Case                        operating procedures of the                           findings for time-and-materials or labor-
                                                  2014–D020)                                              Government. This final rule is not                    hour contracts.
                                                                                                          required to be published for public                      (1) Base period plus any option
                                                  AGENCY: Defense Acquisition                             comment, because it has no effect                     periods is three years or less.
                                                  Regulations System, Department of                       beyond the internal operating                            (i) For contracts (including indefinite-
                                                  Defense (DoD).                                          procedures of DoD, and has no cost or                 delivery contracts) and orders in which


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Document Created: 2018-02-21 10:31:28
Document Modified: 2018-02-21 10:31:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective June 25, 2015.
ContactSanford Williams, Wireline Competition Bureau, Competition Policy Division, (202) 418-1580, or send an email to [email protected]
FR Citation80 FR 29978 

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