82_FR_56196 82 FR 55970 - Nationwide Number Portability; Numbering Policies for Modern Communications

82 FR 55970 - Nationwide Number Portability; Numbering Policies for Modern Communications

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range55970-55984
FR Document2017-25458

In this document, the Commission seeks comment on how best to move toward complete nationwide number portability (NNP) to promote competition among all service providers. The NPRM proposes to eliminate the N-1 query requirement, and also proposes to forbear from the dialing parity requirements for competitive LECs that remain after the 2015 USTelecom Forbearance Order as they apply to interexchange services. The NPRM asserts these changes will remove regulatory barriers to NNP and better reflect the competitive realities of today's marketplace. The NOI seeks to refresh the record in the 2013 Future of Numbering NOI. It also seeks comment on four NNP models proposed by ATIS: Nationwide implementation of local routing numbers (LRNs); non- Geographic LRNs (NGLRNs); commercial agreements; and iconectiv's GR- 2982-CORE. The NOI finally seeks comment on the implications of these proposals as they relate to public safety, access by individuals with disabilities, tariffs, and intercarrier compensation.

Federal Register, Volume 82 Issue 226 (Monday, November 27, 2017)
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Proposed Rules]
[Pages 55970-55984]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25458]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 51 and 52

[WC Docket No. 17-244, WC Docket No. 13-97; FCC 17-133]


Nationwide Number Portability; Numbering Policies for Modern 
Communications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission seeks comment on how best to 
move toward complete nationwide number portability (NNP) to promote 
competition among all service providers. The NPRM proposes to eliminate 
the N-1 query requirement, and also proposes to forbear from the 
dialing parity requirements for competitive LECs that remain after the 
2015 USTelecom Forbearance Order as they apply to interexchange 
services. The NPRM asserts these changes will remove regulatory 
barriers to NNP and better reflect the competitive realities of today's 
marketplace. The NOI seeks to refresh the record in the 2013 Future of 
Numbering NOI. It also seeks comment on four NNP models proposed by 
ATIS: Nationwide implementation of local routing numbers (LRNs); non-
Geographic LRNs (NGLRNs); commercial agreements; and iconectiv's GR-
2982-CORE. The NOI finally seeks comment on the implications of these 
proposals as they relate to public safety, access by individuals with 
disabilities, tariffs, and intercarrier compensation.

DATES: Comments are due on or before December 27, 2017, and reply 
comments are due on or before January 26, 2018. Written comments on the 
Paperwork Reduction Act proposed information collection requirements 
must be submitted by the public, Office of Management and Budget (OMB), 
and other interested parties on or before January 26, 2018.

ADDRESSES: You may submit comments, identified by both WC Docket No. 
17-244, and WC Docket No. 13-97 by any of the following methods:
     Federal Communications Commission's Web site: http://

[[Page 55971]]

apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     Mail: Parties who choose to file by paper must file an 
original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission. 
All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building. Commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) must be sent to 
9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service 
first-class, Express, and Priority mail must be addressed to 445 12th 
Street SW., Washington, DC 20554.
     People with Disabilities: 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).
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document. In addition to filing comments 
with the Secretary, a copy of any comments on the Paperwork Reduction 
Act information collection requirements contained herein should be 
submitted to the Federal Communications Commission via email to 
[email protected] and to Nicole Ongele, Federal Communications Commission, 
via email to [email protected].

FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau, 
Competition Policy Division, Sherwin Siy, at (202) 418-2783, or 
[email protected]. For additional information concerning the 
Paperwork Reduction Act information collection requirements contained 
in this document, send an email to [email protected] or contact Nicole Ongele 
at (202) 418-2991.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WC Docket No. 17-244, and CC Docket 
No. 13-97, adopted October 24, 2017, and released October 26, 2017. 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 https://www.fcc.gov/document/fcc-seeks-comment-moving-toward-nationwide-number-portability-0. 
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 
1.415, 1.419, interested parties may file comments and reply comments 
on or before the dates indicated on the first page of this document. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998), http://www.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf.
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission. 
All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building. Commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) must be sent to 
9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service 
first-class, Express, and Priority mail must be addressed to 445 12th 
Street SW., Washington, DC 20554.
     People with Disabilities: 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).

Synopsis

I. Introduction

    1. Telephone numbers continue to serve as important identifiers for 
reaching family and friends, businesses, and other key contacts. 
Therefore, many individuals and businesses value their telephone 
numbers and the ability to keep them--whether changing service 
providers, moving from one neighborhood to another, or relocating 
across the country.
    2. Currently, consumers and businesses can keep their telephone 
numbers when changing service providers--wireline-to-wireline, 
wireless-to-wireless, and wireline-to-wireless and the reverse--when 
they move locally. This local number portability (LNP) benefits 
consumers and promotes competition. But consumers cannot uniformly keep 
their traditional wireline numbers or their mobile numbers when they 
move long distance. The ability to keep your telephone number when 
switching your wireline or wireless service provider may depend on 
whether the service provider to whom you want to switch is a nationwide 
service provider. This limitation not only confuses and inconveniences 
consumers, it harms the ability of small or regional carriers to 
compete, undermining a core principle of number portability--
competition.
    3. In this Notice of Proposed Rulemaking (NPRM) and Notice of 
Inquiry (NOI), the Commission seeks comment on how best to move toward 
complete nationwide number portability to promote competition between 
all service providers, regardless of size or type of service (wireline 
or wireless). We also explore how technical aspects of our current LNP 
and dialing parity rules hinder the efficient routing of calls 
throughout the network, causing inefficiencies and delays.

II. Background

A. Overview

    4. The Commission has plenary authority over numbering matters. 
Section 251(e) of the Act of 1934, as amended (the Act) gives the 
Commission exclusive jurisdiction over the North American Numbering 
Plan (NANP) and related telephone numbering issues in the United 
States. Section 251(b)(2) of the Act requires local exchange carriers 
(LECs) to ``provide, to the extent technically feasible, number 
portability in

[[Page 55972]]

accordance with requirements prescribed by the Commission.'' Together, 
these portions of the Act give the Commission the authority not only to 
require ``number portability,'' which allows users to retain telephone 
numbers at the same location, but also to encourage ``location 
portability,'' allowing consumers to retain their telephone numbers 
when changing their location. Ensuring that telephone numbers do not 
act as barriers to competition between carriers of various sizes and 
technologies is well within our statutory authority. The Commission has 
created rules for local number portability and rules requiring that 
local number portability be available for wireless and interconnected 
Voice over Internet Protocol (VoIP) customers. A ``rate center'' is a 
geographic area that is used to determine whether a call is local or 
toll. This type of unlimited number portability--allowing consumers to 
port any telephone number anywhere--has been referred to as 
``nationwide number portability'' (NNP) or ``non-geographic number 
portability'' (NGNP).
    5. A wireless user may currently have more opportunities than a 
wireline user when it comes to number porting. But even among wireless 
competitors, smaller rural and regional carriers are at a disadvantage 
versus their nationwide competitors. Wireless-to-wireless porting is 
only possible if the ported-to wireless carrier has a facilities-based 
presence in the porting customer's original geographic location, 
placing smaller, non-nationwide carriers at a disadvantage. Similarly, 
existing technical strictures prevent customers from porting their 
numbers from wireless-to-wireline services, should a consumer want to 
do so, unless the ported-to wireline service provider happens to have a 
presence in the same rate center as the customer's number. This 
requirement naturally limits the ability of LECs to port-in numbers 
from wireless services, and will affect any toll or long-distance 
charges or other distance-sensitive costs for transiting the Public 
Switched Telephone Network (PSTN) portion of the call path, placing 
these local wireline carriers at a disadvantage when it comes to 
competing for consumers.
    6. An interconnected Voice over Internet Protocol (VoIP) user is 
likewise limited in terms of portability. While there is no 
technologically-inherent restriction on location of use if connectivity 
is supported via the Internet (or via a dedicated network that can 
connect to it), calls to and from the PSTN are routed through the rate 
center where the telephone number is assigned as a local number. This 
means that the rate center ``location'' of the number determines the 
location and thus the available LECs to which a customer can port the 
number. This reduced flexibility and choice also disadvantages LEC over 
providers of other telephony services.
    7. Many consumers are thus still limited to local number 
portability, and interest in NNP remains high. Government and private 
stakeholders have explored possibilities for implementing NNP in 
various forums. In July 2015, the U.S. House of Representatives 
Committee on Energy and Commerce (the Committee) requested that the 
Commission expeditiously support nationwide number portability, noting 
that ``[c]onsumers overwhelmingly prefer to keep their numbers when 
they switch carriers.'' The Committee further indicated that the 
distinction within the number portability rules places non-nationwide 
providers at a competitive disadvantage and could result in consumer 
confusion when attempting to switch providers.
    8. The Competitive Carriers Association (CCA) subsequently asserted 
that ``CCA's rural and regional members have experienced problems with 
porting-in wireless numbers from disparate parts of the country.'' CCA 
further asserts that, as a result, non-nationwide carriers are placed 
at a competitive disadvantage compared to their nationwide counterparts 
who are able to port-in numbers regardless of location. CCA expressed 
that number portability ``helps to expand competition by allowing 
consumers to choose carriers that offer lower prices and innovative 
product and service offerings, and these public interest benefits are 
diminished when non-nationwide carriers do not have the same capability 
as nationwide carriers.''
    9. On May 16, 2016, the North American Numbering Council (NANC), 
issued a report on NNP. The NANC is the Commission's Federal Advisory 
Committee on numbering administration matters. It is comprised of state 
regulators, consumer groups, industry representatives, and other 
stakeholders interested in number administration. The NANC Report 
recommended further inquiry into several issues, including potential 
impacts to the life of the NANP, necessary edits to federal rules, and 
the role of LRNs in the future as carriers use both time division 
multiplexing- and VoIP-based interconnection.
    10. The Alliance for Technical Industry Solutions (ATIS) approved a 
Technical Report on a Nationwide Number Portability Study on June 20, 
2016. The Alliance for Telecommunication Industry Solutions (ATIS) is a 
technical planning and standards organization that develops and 
promotes technical and operations standards for communications and 
related information technologies worldwide. The ATIS Report analyzes 
five potential solutions for achieving NNP: (1) Nationwide 
implementation of LRNs; (2) non-Geographic LRNs (NGLRNs); (3) 
commercial agreements; (4) Internet interconnection; and (5) 
iconectiv's GR-2982-CORE specification. ATIS reported that the 
commercial agreement solution is the only one that can be supported 
today that has no porting impacts.
    11. On August 30, 2016, the NANC LNP Working Group issued a white 
paper on NGNP (the NANC notes that NGNP and NNP ``are considered to be 
two synonymous terms, but it has become the preference of the NANC 
Working Groups to use the term NNP''). Among other things, the LNP 
Working Group concluded that regulatory changes made as a result of 
non-geographic number porting implementation should be technology and 
provider agnostic. The Working Group reiterated that ``any 
implementation of NGNP . . . will require collaboration and support by 
all parties involved'' and that an industry move towards NGNP will 
require a mandate by the Commission.

B. Background on Number Portability Mechanisms

    12. In the last few years, ATIS and the NANC have worked to develop 
approaches for implementing NNP and thereby, increase access to 
smaller, regional carriers and increase routing efficiency in the 
network. Because the changes required by some of these proposals could 
be hindered by legacy aspects of our telephone regulations, we propose 
to eliminate certain legacy aspects of our telephone regulations to 
promote NNP, such as existing N-1 and dialing parity requirements. This 
section provides a summary of existing number portability mechanisms as 
background to the proposals and questions in the NPRM and the NOI 
below.
    13. Current LNP Process. In the current local number portability 
system, consumers may keep their telephone number when changing 
providers if they remain at the same location. Stated differently, 
consumers may be prevented, for technical reasons, from retaining their 
telephone number when switching providers if they move outside the 
original geographic area of

[[Page 55973]]

their telephone number. This is true for both intramodal (e.g., 
wireline-to-wireline or wireless-to-wireless) and intermodal (e.g., 
wireline-to-wireless) ports. In either context, a customer who changes 
carriers, or who moves within the same general geographic area, can 
retain a telephone number through the use of a LRN: A 10-digit number-
like number that shares a switch with the customer's location. The LRN 
is essentially a telephone number that designates the switch that 
serves the customer's new location. When someone calls that customer's 
ported number, one of the carriers routing the call will query the 
Number Portability Administration Center/Service Management System 
(NPAC/SMS), which provides the routing carrier the appropriate LRN. The 
NPAC/SMS consists of hardware and software platforms that host a 
national information database and serves as the central coordination 
point of LNP activity. In this NPRM/NOI, we refer to this system simply 
as the NPAC. The call is then routed to the appropriate switch, which 
contains the information necessary to route the call to the correct 
customer. The N-1 query requirement, described below, is built into 
this process; NNP solutions that alter the process would likely require 
altering or rescinding the N-1 requirement, lest it result in 
persistent routing inefficiencies. Dialing parity requirements are also 
implicated in the routing of calls to ported numbers, and their 
amendment may similarly facilitate NNP, by allowing greater choice on 
the part of local carriers to decide how calls are routed.
    14. N-1 Requirement. The N-1 query requirement mandates that the 
carrier immediately preceding the terminating carrier (the N-1 carrier) 
be responsible for ensuring that the number portability database is 
queried. Paragraph 73 of the Second Number Portability Order is 
included in the NANC's recommendations for LNP architecture and 
administration, and thus incorporated by reference into our Rules. For 
instance, if a carrier is asked to originate a telephone call to a 
number that can be ported, it first determines whether or not the 
number requires routing to an interexchange carrier. If so, it routes 
the call to the interexchange carrier, which then queries the NPAC, 
sending it the digits of the dialed telephone number. The database 
answers the query by providing an LRN. The interexchange provider then 
routes the call to the terminating carrier's switch, which routes the 
call to the intended recipient. In this case, the interexchange carrier 
is the N-1 carrier, and thus performs the number portability database 
query. If, on the other hand, the originating carrier finds that the 
dialed number does not require handoff to an interexchange carrier, it 
performs the query itself, receives the LRN, and then routes the call 
to the appropriate terminating carrier's switch. In that case, the 
originating carrier itself is the N-1 carrier, since only two carriers 
are involved.
    15. The N-1 requirement requires the second-to-last carrier to 
perform the number portability database query; where an interexchange 
carrier is involved, this prevents the originating carrier from 
performing the query. The N-1 requirement was recommended by the NANC 
and adopted by the Commission in the early stages of implementing LNP 
because it ensured that: Carriers would know when a database had been 
queried; the cost of performing queries would be distributed between 
interexchange and originating providers; and, moreover, that routing 
performance would not be degraded by, for instance, having a call 
routed to a supposed terminating carrier, only for that carrier to 
perform a query and discover that the number had been ported and 
required further routing. Furthermore, industry stakeholders at the 
time preferred the N-1 query requirement to having the originating 
service provider perform the query, since doing so would require all 
carriers across the country to implement number portability 
simultaneously for it to work. However, given changing market 
conditions, and even more so with NNP, this system may need to be 
altered. As explained by ATIS, ``[i]n an NNP environment, a call could 
look like it is interLATA but actually be intraLATA. In this case it 
could be more efficient for the originating carrier to know this, but 
they may not be able to do this with the N-1 requirement.'' Thus, 
changes to the number portability system can affect the ability for a 
given carrier to know whether or not it is in fact the N-1 carrier, and 
the requirement would actively introduce inefficiencies into the 
routing system, in some cases resulting in calls unnecessarily being 
rerouted multiple times, potentially increasing traffic and costs for 
carriers, and delays for consumers.
    16. Dialing Parity. Dialing parity provisions were originally 
intended to ensure that incumbent LECs provided the same access to 
stand-alone long distance service providers as they did to their own or 
their affiliates' long distance offerings. This nondiscriminatory 
access to interexchange carriers is part of the set of equal access 
requirements in the Act that have been adopted from the 1982 
Modification of Final Judgment (MFJ) in the federal antitrust case 
against AT&T, which imposed these requirements on the Bell Operating 
Companies (BOCs). The Telecommunications Act of 1996 (1996 Act) 
incorporated the MFJ's equal access requirements for these former BOCs 
into the Communications Act via section 251(g). The 1996 Act also 
created more specific, affirmative equal access requirements in section 
251(b) that applied to all local exchange carriers. The provisions in 
this section substantially resemble the requirements in the MFJ, with 
the key differences that the requirements in the MFJ cover information 
services as well as telephone toll service, and section 251(b)(3) 
covers local exchange and telephone toll service.
    17. We seek, through this NPRM and NOI, to continue the 
Commission's efforts to align our regulations with the trend toward 
all-distance voice services. Moreover, we recognize, the decline of the 
stand-alone long distance market has limited the relevance and utility 
of certain equal access obligations for competitive providers and their 
customers. In the 2015 USTelecom Forbearance Order, the Commission 
forbore from the ``application to incumbent LECs of all remaining equal 
access and dialing parity requirements for interexchange services, 
including those under section 251(g) and section 251(b)(3) of the 
Act.'' However, the Commission adopted a ``grandfathering'' condition 
allowing incumbent LEC customers who were presubscribed to third-party 
long distance services as of the date of the 2015 USTelecom Forbearance 
Order to retain certain equal access and dialing parity service. Thus, 
unless the grandfathering condition is applicable, toll dialing parity 
requirements, preserved by section 251(g), and the long distance (toll) 
dialing parity requirements of section 251(b)(3), no longer apply to 
incumbent LEC provision of interexchange access services.
    18. Since the 2015 US Telecom Forbearance Order, only limited toll 
dialing parity requirements remain. Competitive local exchange carriers 
(competitive LECs) must still abide by the long-distance dialing parity 
requirements of section 251(b)(3). The ATIS Report on NNP suggests that 
interLATA call processing requirements, such as the interexchange 
dialing parity requirements, may hinder certain proposals for NNP. 
Currently, an originating carrier determines whether or not to hand a 
call to an interexchange carrier based upon the dialed number.

[[Page 55974]]

However, if numbers can be ported on a nationwide basis, the number 
might actually be in the same LATA, meaning that transfer to an 
interexchange carrier of the customer's choosing would result in 
persistently inefficient routing, with potentially concomitant delays 
and costs. Eliminating the remaining dialing parity requirements may 
allow originating carriers to avoid these inefficiencies by increasing 
their choices. For instance, a carrier being asked by a customer to 
originate a call to a non-geographic telephone number might benefit 
from being able to handle the call as it prefers, instead of abiding by 
the constraints of the dialing parity requirements.

III. Notice of Proposed Rulemaking

    19. We believe that NNP will level the playing field for many rural 
and regional carriers, who are disadvantaged by the difficulty or 
outright inability of consumers to port in to their networks. 
Accordingly, we believe it is important to begin forging the way 
towards NNP. Because we understand that achieving this goal without 
incurring significant practical harms or prohibitive costs will require 
extensive work, collaboration, and support by all parties involved, we 
propose taking an incremental approach toward achieving NNP. As a first 
step to accommodate the architectures of NNP proposals and to reflect 
the evolving marketplace, we propose to remove the N-1 query 
requirement. Further, based on the ATIS Report and the marketplace 
findings in the 2015 USTelecom Forbearance Order, we propose to 
eliminate remaining interexchange dialing parity requirements. Removing 
these regulations will thus help ensure an efficient network that 
provides consumers maximum flexibility in their communications choices 
and a competitive landscape for small and rural providers.

A. Proposed Elimination of the N-1 Query Requirement

    20. We seek comment on whether the N-1 query requirement impedes 
plans for NNP such as the non-geographic LNP proposal. As the ATIS 
Report notes, in an NNP environment, an originating carrier could not 
determine, without performing a query, whether a dialed number required 
interexchange routing or not. This could lead to a number of 
inefficiencies, such as a scenario in which a number is ported from a 
distant location to the same LATA as an originating caller. In such a 
scenario, the originating carrier, believing the call to be long-
distance, would route the call to an interexchange carrier, only for 
the interexchange carrier, upon conducting the query, to have to route 
the ported number back to the originating carrier's LATA.
    21. Furthermore, the motivating concerns that caused the NANC to 
recommend and the Commission to implement the N-1 requirement no longer 
seem to apply. When it was first adopted, the N-1 requirement was 
favored over requiring originating carriers to perform the database 
query because this latter solution would have required every local 
carrier across the country to adopt LNP simultaneously in a ``flash-
cut'' manner for LNP to work, requiring more complicated coordination 
of the LNP rollout. Moreover, in an environment of many competing 
interexchange carriers and restrictions on incumbent LECs from offering 
interexchange services, interexchange carriers ``wanted to ensure that 
they were involved in this important aspect of call processing.'' Since 
LNP has by now been broadly and successfully adopted nationwide, and in 
light of the changed competitive landscape, we anticipate that these 
concerns are no longer relevant.
    22. We therefore propose to eliminate the N-1 query requirement, 
and we seek comment on this proposal. What are the benefits and 
drawbacks of removing the requirement? Is eliminating the requirement 
necessary to, or will it facilitate, the implementation of non-
geographic location routing numbers or other NNP proposals, as 
suggested by ATIS? Would removing the requirement interfere with any 
aspects of the current routing or number portability querying system, 
or any other aspect of the network? For example, by proposing to allow 
carriers flexibility in conducting NPAC queries, will there be 
coordination issues among carriers or calls that are processed without 
a query? What costs, if any, would be saved if we eliminated the N-1 
query requirement? Did the N-1 requirement lead to network routing 
inefficiencies and will its elimination correct those inefficiencies? 
Alternatively, will rescinding the requirement add to the costs of 
originating carriers, terminating carriers, or other parties, either in 
terms of performing more queries, or in terms of requiring equipment 
upgrades? Are there transaction or other costs or harms associated with 
transitioning away from N-1 query? In the absence of the requirement, 
would costs of the system be allocated appropriately? Would there be 
any other benefits of eliminating the N-1 query requirement not 
predicated on a move to NNP? Interested stakeholders should address 
these questions.
    23. The ATIS Report states that eliminating the N-1 query 
requirement does not require supplanting it with a new requirement that 
originating carriers query the NPAC. According to the Report, ``[a] 
carrier could choose to query all calls on their originating network 
and route calls to the NNP numbers accordingly, or they could choose to 
handle calls as they do today, i.e., if a call looks like it is 
interLATA, hand it off to the IXC and let the IXC query the call.'' As 
the ATIS Report notes, it is important to ensure the call is queried 
before it gets to the network that is assigned the central office (CO) 
code, but not necessarily that the N-1 methodology be used. We seek 
comment on this perspective. Are there any benefits to the Commission 
requiring particular parties to perform the query, or are existing 
technical and market mechanisms (such as agreements and signaling 
between providers indicating query status) sufficient to ensure that 
queries will be performed efficiently and by the parties best placed to 
do so?
    24. We also seek comment on whether anticipated changes in routing 
and queries might have other effects upon the public. For instance, how 
would these changes interact with public safety, including the 
provision of emergency services, such as 911 or Next Generation 911 
calls? Will eliminating the N-1 query requirement lead to any changes 
in the handling of emergency calls, including their routing or the 
provision of necessary caller information?

B. Proposed Elimination of Remaining Interexchange Dialing Party 
Requirements

    25. In the 2015 USTelecom Forbearance Order, the Commission forbore 
from the dialing parity provisions of sections 251(b)(3) and 251(g) 
only insofar as they applied to incumbent LECs in their provision of 
interexchange access services. In this section, we (1) propose to 
extend that forbearance to competitive LECs, (2) seek comment on 
extending forbearance to ``grandfathered'' customers who still maintain 
accounts with stand-alone long-distance providers, and (3) propose to 
eliminate the Commission's rules that mandate interexchange dialing 
parity and other requirements associated with it. We do not propose 
here to forbear from other requirements of section 251, such as 
requirements for interconnection; resale; number portability; access to 
rights of way; reciprocal compensation; or nondiscriminatory access to 
telephone numbers, operator services, directory assistance services, 
directory listings,

[[Page 55975]]

with no unreasonable dialing delays. We anticipate that these changes 
will remove barriers to NNP and better reflect the competitive 
realities of today's marketplace.
1. Proposed Forbearance From Interexchange Dialing Parity Requirements
    26. We propose to forbear from the dialing parity requirements of 
section 251(b)(3) as they apply to interexchange services. The 2015 
USTelecom Forbearance Order removed these constraints from incumbent 
LECs with regard to interexchange access services, and we propose to 
extend that same forbearance to competitive LECs. Section 10 of the Act 
states that the Commission shall forbear from applying any regulation 
or provision of the Act if it determines that: (1) Enforcement of such 
regulation or provision is not necessary to ensure that the charges, 
practices, classifications, or regulations by, for, or in connection 
with that telecommunications carrier or telecommunications service are 
just and reasonable and are not unjustly or unreasonably 
discriminatory; (2) enforcement of such regulation or provision is not 
necessary for the protection of consumers; and (3) forbearance from 
applying such provision or regulation is consistent with the public 
interest. We seek comment on whether forbearing from the dialing parity 
requirements of section 251(b)(3) as they apply to interexchange 
services would meet the criteria of section 10.
    27. We believe that the remaining interexchange dialing parity 
requirements for competitive LECs are no longer necessary in today's 
all-distance market to ensure that the charges and practices of 
competitive LECs are just and reasonable and are not unjustly or 
unreasonably discriminatory, and are no longer necessary for the 
protection of consumers. We further believe that the rationales behind 
the forbearance from the interexchange dialing parity requirements in 
the 2015 USTelecom Forbearance Order apply similarly to both incumbent 
and competitive LECs. Do commenters agree? For instance, are commenters 
aware of substantial complaints stemming from our forbearance from the 
interexchange dialing parity requirements in the 2015 USTelecom 
Forbearance Order? As described in the 2015 USTelecom Forbearance 
Order, wireline customers today have more choices than they did in 1982 
or 1996, including interconnected VoIP services. Similarly, stand-alone 
long-distance has not been critical to competition for over a decade, 
with declining demand for it from both mass-market and business 
customers. Does the decrease in demand for stand-alone interexchange 
services reduce the likelihood that LECs will have unjust or 
unreasonable charges, practices, or classifications, and does it 
suggest that consumers no longer require protection from such 
practices? Does the increase in consumer choice obviate the need for 
these protections?
    28. We also seek comment on the extent to which the interexchange 
dialing parity provisions affect any competitive LECs in practice. Do 
these provisions have substantial effects upon the costs, practices, 
and behavior of LECs currently? Are there any effects upon competitive 
LECs that significantly affect the market for local service as a whole? 
For example, given that competitive LECs serve a relatively small 
percentage of residential wireline voice accounts, do these provisions 
help a significant number of consumers or competitors?
    29. Forbearance from the interexchange dialing parity requirements 
would also appear to be in the public interest. ATIS notes that an NNP 
regime, with all of the benefits to competition and consumers that come 
with it, would be facilitated by the elimination of interLATA call 
processing requirements. The ATIS Report notes that carriers' ability 
to efficiently route calls to non-geographic LRNs could be hindered by 
the need to refer calls that look like interexchange calls to a third-
party carrier, when the call would more efficiently have been routed to 
a non-geographic transport provider or a non-geographic gateway. It is 
our understanding that forbearing from interexchange dialing parity 
would enable originating carriers to better choose how to route their 
calls, preventing inefficient network routing that might otherwise 
result from various NNP proposals. Do commenters agree? Can customers' 
pre-subscribed interexchange carrier choices accommodate the proposed 
changes without a loss of efficiency or undue cost? Are there other 
effects upon the public interest that might result from our proposed 
forbearance from the interexchange dialing parity requirements for 
competitive LECs? For instance, will there be any effects upon 911, 
Next Generation 911, or other aspects of emergency calling?
    30. Furthermore, section 10(b) requires that the Commission account 
for the effects of forbearance on ensuring a competitive marketplace in 
making its public interest determination. Since the implementation of 
the 2015 USTelecom Forbearance Order, incumbent LECs have not had to 
comply with the interexchange dialing parity requirements of sections 
251(b)(3) and 251(g). Will extending forbearance from those 
requirements to competitive LECs therefore ensure a level playing field 
between incumbent and competitive LECs? Will forbearance from these 
requirements help ensure a level and competitive playing field for 
small, rural, and regional carriers with respect to number portability? 
Will granting LECs more flexibility in choosing how calls are routed 
improve their competitive ability and offer consumers access to greater 
number portability? How else will the competitive landscape be affected 
by this proposed forbearance?
    31. Given the decreased need for these mandates, combined with the 
likelihood that they will impede the implementation of NNP, we propose 
to use our forbearance authority to eliminate remaining interexchange 
dialing parity requirements, which apply to competitive LECs. We seek 
comment on this proposal. What costs, if any, do competitive LECs 
currently bear due to these requirements? Are other providers of local 
voice service, such as interconnected VoIP providers, affected by the 
application of these provisions, either to themselves or to 
competitors? Do other stakeholders benefit from relieving competitive 
LECs of these requirements, or are there other costs? Are there 
stakeholders whose position vis-[agrave]-vis competitive LECs today is 
significantly different from their position vis-[agrave]-vis incumbent 
LECs at the time of the 2015 USTelecom Forbearance Order? Are there 
other aspects of section 251(b)(3), including nondiscriminatory access 
to telephone numbers, operator services, directory assistance, and 
directory listing, that are relevant to stakeholders today? We do not 
here propose to forbear from requirements for interconnection, resale, 
number portability, access to rights of way, or reciprocal 
compensation. Would any of these existing requirements be affected by 
our proposed forbearance? Would forbearance from any of these 
provisions assist in or hinder the implementation of NNP?
    32. In the 2015 USTelecom Forbearance Order, we forbore from the 
all remaining equal access requirements, including dialing parity, 
preserved in section 251(g), with the exception of the grandfathering 
condition. We do not believe the dialing parity requirements preserved 
in section 251(g) apply to competitive LECs. We seek comment on whether 
there are any dialing parity

[[Page 55976]]

requirements (applied via section 251(g)) from which we must forbear. 
If there are any remaining dialing parity requirements, we propose to 
forbear from those requirements and seek comment on such forbearance.
2. Seeking Comment on Extending Forbearance From Interexchange Dialing 
Parity Rules to Customers With Pre-Existing Stand-Alone Long-Distance 
Carriers
    33. We also seek comment on the continuing need to preserve the 
choices of existing customers who are presubscribed to stand-alone 
long-distance services, whose choices were grandfathered in the 2015 
USTelecom Forbearance Order. Will LECs serving these customers be 
hindered from implementing NNP if these grandfathered customers 
continue to fall outside of the scope of forbearance? What costs would 
LECs or other carriers face in implementing NNP with or without the 
preservation of these choices? How many people still purchase long-
distance calling from stand-alone long-distance carriers? Will these 
subscribers face any additional costs, burdens, or harms if we forbear 
from interexchange dialing parity rules? We seek estimates that 
quantify the cost of adjustment that such subscribers might face. Do 
interexchange carriers place material competitive pressure on LECs, and 
if so, what consumer benefit would be lost if we forbear as discussed 
herein? Are there additional benefits to retaining current 
grandfathered subscribers? In the 2015 USTelecom Forbearance Order, we 
found that a significant number of retail customers still presubscribed 
to a stand-alone long-distance carrier, and that the public interest 
and protection of consumers required limiting the forbearance of equal 
access and dialing parity rules for these customers. We seek comment on 
whether or not extending this forbearance would meet the criteria of 
section 10.
    34. We seek comment on whether the rationales for the 
grandfathering in the 2015 USTelecom Forbearance Order still apply. 
Have conditions significantly changed since 2015? We seek comment on 
the present number of retail customers in the United States who 
presubscribe to stand-alone long-distance carriers. Would extending 
forbearance to these customers affect the costs they bear, considering 
the competition for all-distance packages? Are there any harms to 
customers affected by the 2015 USTelecom Forbearance Order that suggest 
that we should retain the forbearance for grandfathered customers? Are 
the number of such customers, and benefit they receive from use of 
stand-alone long-distance carriers, significant enough to justify 
maintaining this grandfathered status when weighed against the burdens 
and costs it imposes on LECs? Would eliminating the grandfathering and 
extending this forbearance to them meet the criteria of section 10?
3. Proposing Elimination of Toll Dialing Parity Rules
    35. Because we propose to forbear from the long-distance dialing 
parity provisions of section 251(b)(3), for both incumbent and 
competitive LECs, we propose to eliminate the rules implementing those 
requirements. We believe that sections 51.209 (``Toll dialing 
parity''), 51.213 (``Toll dialing parity implementation plans''), and 
51.215 (``Dialing parity; Cost recovery'' for toll dialing parity), 
serve only to implement the provisions of section 251(b)(3) relating to 
toll dialing parity, and thus should be eliminated if our proposed 
forbearances are to be effective in facilitating the development of 
NNP. We also propose modifying section 51.205 (``Dialing parity: 
General'') to omit references to toll dialing parity. We seek comment 
on this proposal. Do these rule provisions serve any purpose or 
implement any other portions of the Act other than section 251(b)(3)? 
Are there any other rules whose only purpose is to implement toll 
dialing parity requirements? Are there any interests beyond those 
articulated in the Act's dialing parity provisions that require these 
rules? How are these considerations affected by the retention or 
elimination of grandfathered customer relationships with presubscribed 
interexchange carriers? Will the elimination of these rules have any 
effect upon slamming? For example, can elimination of these rules 
reduce the mechanisms by which unscrupulous entities slam consumers? 
Conversely, are there useful consumer protections against slamming in 
these rules that are not effectively implemented elsewhere?
    36. We seek comment on whether there are other rules that should be 
rescinded or modified to promote NNP. Should we consider forbearing 
from any other statutory provisions to allow the benefits of NNP to 
competition and consumers? We also seek comment on the interplay of the 
proposed forbearance and rule changes discussed in the NPRM with the 
technical solutions discussed below in the NOI. Specifically, to make 
NNP workable, should any forbearance and rule changes happen first, in 
advance of implementing any technical solutions, or should the 
Commission defer until any technical solutions are in place?

IV. Notice of Inquiry

    37. While we believe it is important to move toward NNP, and invite 
comment above on steps that would lay the groundwork for doing so, we 
also seek input on how best to implement NNP, as well as its potential 
impacts on consumers and carriers. We therefore seek comment in this 
NOI on a variety of issues related to the deployment of NNP. We also 
note that while the focus of this NOI is to seek perspectives on the 
most feasible way to implement NNP, the goals of this proceeding could 
also be facilitated by larger changes to the current system of 
numbering administration. To that end, we also seek comment on how 
number administration might be improved to realize more efficient 
technical, operational, administrative, and legal processes.

A. Scope of Inquiry

    38. The ATIS Report and the NANC Report focus on NNP across 
wireline and wireless telecommunications services. Early efforts on 
this issue, however, focused merely on ensuring that wireless customers 
can retain their numbers when porting to other wireless carriers that 
lack a nationwide service area. We believe broader, intermodal NNP 
efforts will benefit consumers and competition, as well as potentially 
allow for useful reforms of the numbering system, and we explore means 
of achieving this goal below.
    39. While our goal is to ensure broad, intermodal NNP, are there 
any benefits to a gradual implementation of NNP? Is such a partial 
deployment technically feasible? For instance, would it be possible for 
NNP to first be implemented for a particular subset of entities using 
numbering resources (such as wireless providers) before applying it to 
all entities? What advantages and disadvantages are there to a partial 
implementation of NNP?

B. NNP Alternatives Identified in the ATIS Report

    40. We seek comment on four of the specific models of NNP outlined 
by ATIS in its report: (1) Nationwide implementation of LRNs; (2) non-
Geographic LRNs (NGLRNs); (3) commercial agreements; and (4) 
iconectiv's GR-2982-CORE specification. Are any of the models 
preferable to others in terms of feasibility, cost, and adaptability to 
changing markets and technologies? Have ATIS and the NANC adequately 
considered the potential costs, benefits,

[[Page 55977]]

and barriers to implementation of each of these proposals? More 
generally, we seek evidence quantifying the benefit consumers would 
gain from being able to keep their number whenever they move outside a 
rate center and, alternatively, whether NNP would impose costs that 
outweigh those benefits as phone numbers increasingly become less 
informative about the dialed party's location. We also anticipate that 
NNP will have beneficial competitive effects, by allowing small, rural, 
and regional carriers to compete more effectively with larger, 
nationwide providers. We seek comment on this perspective. We also seek 
comment on other effects that these NNP proposals might have upon small 
carriers, including precisely what costs they might impose upon them, 
and how. We also seek comment on the impacts these various alternatives 
pose to routing calls to ported telephone numbers. To the extent that 
commenters believe that other NNP proposals, in addition to those 
outlined below, are promising solutions for NNP, we seek comment on 
those proposals and their potential implications.
    41. National LRN. One conceptually simple way of implementing NNP 
would be to allow a ported number to be associated with any LRN. 
Instead of limiting the geographic area within which the number can be 
ported, the system could associate it with an LRN associated with any 
location in the country. Although this approach allows many existing 
systems and processes to be used, it also requires changes to NPAC 
rules, may complicate other routing and critical processes, and may 
require many carriers to upgrade or replace existing equipment. The 
NGNP subcommittee found that such an approach would require the NPAC to 
relax existing LRN changes to allow any LRN to be added to any NPAC 
region (there are eight NPAC regions--one in Canada and seven in the 
United States). In addition, it might require carriers to accept 
downloads from all NPAC regions, or keep port records in the region 
that is servicing the ported telephone number.
    42. National LRN may require carriers' existing switches to handle 
more numbering plan areas, since a given switch may have to accommodate 
telephone numbers being ported in from a wider range of original areas. 
National LRN likely also requires changes to number portability rules. 
We have proposed eliminating the N-1 query requirement and remaining 
interexchange dialing parity requirements in the NPRM above. Are 
additional changes necessary? We seek comment on these issues.
    43. The national LRN proposal also implicates several non-routing 
issues. Industry processes, including the handling of call detail 
records, subscriber billing, and caller ID, will be impacted. We also 
anticipate that tariffs, toll free database processing, enhanced 911 
processes, and other systems that rely upon the relationship between a 
telephone number and its rate center/LATA will likely be affected. What 
systems will be affected, and to what extent? We seek comment from 
providers, end users, and other stakeholders on what dependencies exist 
that would require changes, as well as how changes brought about by 
national LRN can improve existing systems.
    44. The ATIS Report anticipates that a porting-in service provider 
may not have a presence in the ported-out area. While such situations 
currently exist and are generally handled by agreements between 
providers, many more such situations are likely to arise in a national 
LRN environment. What effects will this increase in demand have?
    45. Local systems, including Local Service Management Systems 
(LSMS) and Service Order Administration (SOA), will also be affected by 
a national LRN system. Current systems may rely in part upon an assumed 
structure whereby numbers are only ported within LATAs or NPAC regions; 
an LRN can only be associated with a single NPAC region; or a ported 
telephone number record can only exist in one NPAC region. We seek 
comment on what dependencies exist based on these assumptions, and how 
they might be resolved.
    46. What is necessary to ensure that a national LRN system is 
compatible with the variation in dialing plans across the country? 
Different customers have different requirements when dialing--some need 
only dial seven digits of a local number; others must dial ten digits, 
others must dial 1 and ten digits. Is nationwide consistency required 
for national LRN compatibility?
    47. What effects will a national LRN system have on state 
regulators and systems? Porting numbers across state lines raises 
questions of existing state regulatory authority, and policy, including 
numbering resource management. For example, would NNP affect state 
regulatory commission processes for reviewing tariffs, handling 
customer complaints, and ensuring public safety? Provider 
responsibilities, obligations, and liabilities may also be implicated 
with interstate porting. We seek comment on what issues may arise and 
how they may be resolved. Can existing systems and agreements in 
bordering states serve as models for interstate cooperation?
    48. How will consumer experiences be affected by a national LRN 
system? Would calls to numbers ported outside of a specific rate center 
have completion issues? Consumers would also need to be informed about 
any effects upon rates and billing, if they subscribe to a 
geographically-based rate plan keyed to their rate center or LATA. How 
might this be done? Some consumers use software that blocks calls which 
incur tolls, based upon the number's NPA-NXX. How will such programs be 
affected, and how can they be adapted, if necessary, to accommodate a 
national LRN system? What effects will there be on caller ID?
    49. Certain services are set up with restrictions on toll free 
calling based on the calling party's location. A customer who ports his 
number to a new location might therefore have problems calling the same 
toll-free number. We seek comment on the effects on toll free calling 
and potential implications of national LRN.
    50. Non-Geographic LRN (NGLRN). Another mechanism to allow NNP is 
to designate a new area code unaffiliated with any particular location. 
This non-geographic area code would be the area code for NGLRNs. Under 
an NGLRN system, ported numbers are associated with an NGLRN, instead 
of an LRN associated with the new location. When a service provider 
queries the NPAC and receives an NGLRN, the call is then routed to a 
non-geographic gateway (NGGW) that resides on an IP network and routes 
the call appropriately. This system can also support the creation of 
non-geographic telephone numbers. An NGLRN solution would support both 
wireline and wireless NNP. It also allows many existing processes to 
continue working, but as noted by ATIS and the NGNP subcommittee, it 
requires the creation and setup of the non-geographic area code, 
NGLRNS, NGGWs, and likely changes to certain regulations, including the 
N-1 query requirement.
    51. The ATIS Report anticipates that aspects of interLATA call 
processing requirements, such as the dialing parity provisions, may 
interfere with an NGLRN system. Likewise, the ATIS Report suggests that 
the N-1 query requirement could create problems. Are these concerns 
adequately dealt with by our proposed forbearance from these rules as 
discussed above?

[[Page 55978]]

    52. To route calls to non-geographic telephone numbers, carriers 
will need to access relevant routing information and route to NGGWs. 
Carriers that cannot route to NGGWs will need to route calls to a 
carrier that can, possibly requiring agreements with non-geographic 
transport providers. What policies are necessary to ensure continued 
and reliable call routing in an NGLRN system? What criteria should be 
required for NGGWs? The ATIS Report recommends that an industry-led 
body create a certification process. What bodies are best placed to 
conduct such certification, and what oversight should they have to 
ensure effectiveness, efficiency, transparency, and competition? We 
also seek comment on criteria for NGGWs, such as interconnection 
requirements. The ATIS Report recommends that carriers not be required 
to provide NGGW service or NNP service and that the only requirement be 
that carriers have the ability to route calls to NGLRNs. Furthermore, 
ATIS suggests that carriers that do choose to provide NGGW do so ``for 
their own customers only.'' We seek comment on this recommendation. 
Relatedly, the NGLRN system is designed such that carriers are not 
required to implement NNP. What would be an appropriate timeline for 
NNP adoption, if any?
    53. What characteristics should any non-geographic area code have? 
Should it be easily recognizable? Should various non-geographic area 
codes resemble each other for ease of recognition? How should the 
system address integration with other NANP countries? What impact would 
assignment and use of a non-geographic area code or codes within the 
NANP have on number exhaust in the United States and other NANP 
countries? We also seek comment on whether a single non-geographic area 
code will scale for the total set of NGLRNs. Will a single non-
geographic area code be sufficient for the future?
    54. The ATIS Report also raises several specific questions with 
regard to administration of non-geographic resources with an NGLRN 
system. The ATIS Report notes that certain current systems can be 
simplified with the adoption of non-geographic codes, such as combining 
the processes of number allocation and porting, or allowing distributed 
registries to handle processes currently managed by a single 
authoritative registry. We seek comment on the potential for such 
reforms, and their integration with existing systems and authorities.
    55. With an NGLRN system, a call to 911 does not indicate its 
location by virtue of the calling telephone number, but rather from 
databases such as the Master Service Address Guide (MSAG) or the 
emergency service number that has been assigned to the cell site. Will 
systems that depend on pseudo-Automatic Number Identification (p-ANI), 
in use for wireless and VoIP calls, be appropriate for other non-
geographic calls?
    56. Commercial Agreements. One proposed solution for wireless 
carriers uses a third party entity that would install points of 
interconnection in various LATAs, using its own network as a way to 
route interLATA calls to ported numbers. This proposal requires 
significant evaluation of LRN assignments in addition to the nature, 
categorization, and operation of the third party. The NGNP subcommittee 
found that the commercial agreement solution was the only one that 
could be supported without significant changes or impacts to NPAC or 
service provider systems.
    57. In a commercial agreement solution, what entities would act as 
the third-party network, and what abilities and obligations would they 
need to have for effective and competitive operation? What would such a 
system require with respect to LRN assignments? Would such a proposal 
provide a pathway for wireline and intermodal NNP?
    58. GR-2982-CORE. iconectiv's GR-2982-CORE specification details 
another NNP system called Portability Outside the Rate Center (PORC). 
PORC calls for dividing the country into small, non-overlapping 
geographic blocks called Geographic Unit Building Blocks (GUBBs). Each 
GUBB is represented by a telephone number-like identifier, and acts as 
the vehicle for the recipient switch to identify the geographic 
location of the end user receiving the call. A call to a ported 
telephone number will be routed using an LRN, as it is today, with the 
difference that the GUBB is used for carrier selection and rating 
purposes. This includes changes in how the caller is billed, and may 
include the need to alter porting data and NPAC policies and 
procedures. GR-2982-CORE also recognizes that participating carriers 
must have compatible switches, depending upon their role in the call 
flow. The NGNP subcommittee found that this proposal might require the 
NPAC to relax LRN changes, and may impact porting data if systems need 
to transmit additional routing data about the newly-created geographic 
building blocks of the system. The NGNP subcommittee also reports that 
changes to the porting records would impact all switches and number 
portability databases and many service order administrations and local 
service management systems across the industry.
    59. Do commenters agree with the NGNP subcommittee's assessments? 
Are there other issues or factors we should take into consideration in 
exploring the various approaches? How should the subcommittee's 
assessments affect any future action on these solutions?
    60. The ATIS Report suggests that this solution may require the 
NPAC to relax existing LRN changes; that porting data may need to 
change to include GUBB information; and that these changes may impact 
all switches and number portability databases, as well as many SOAs and 
LSMS systems. What do these effects suggest for the viability of this 
solution currently? What is the likely timing for this option?

C. Necessary Changes and Challenges to Achieving NNP

    61. Apart from the implications raised by each specific proposal 
outlined by ATIS and the NANC, most, if not all, NNP proposals will 
have consequences for a variety of other aspects of the network. We 
seek comment on these implications in the specific areas below.
    62. Routing and Interconnection. Are there NNP solutions that can 
improve the efficiency of existing routing systems? Conversely, are 
there NNP proposals that burden or render inefficient particular 
systems or industry databases? Can such systems and databases be 
modified, improved, or obviated with NNP solutions?
    63. Public Safety. We seek comment on the effects that NNP might 
have upon public safety, including users' ability to use 911 in the 
knowledge that their calls will be routed appropriately, and that 
Public Safety Answering Points (PSAP) will receive accurate callback 
and location information. Can an NNP system provide this information? 
To the extent that existing systems lack the ability to provide this 
information in various NNP scenarios, are there modifications, 
adaptations, or workarounds that can supply it?
    64. For instance, how can proposed NNP solutions work with legacy 
systems that rely upon ANI to report the location of users calling 911? 
Are enhanced or next generation 911 services affected by the proposals? 
The ATIS Report details several number portability issues affecting 
emergency calls, and we seek comment on their resolution.
    65. The ATIS Report similarly notes potential effects of NNP 
proposals on the use of national security and emergency preparedness 
systems like Emergency Telecommunications Service

[[Page 55979]]

(ETS), including the Government Emergency Telecommunication Service 
(GETS) and the Priority Access Service (PAS), which provide priority 
calling for emergency telecommunications. What are the effects of the 
various proposals on the ability of ETS calls to be prioritized? Are 
there beneficial or deleterious effects on the network capacity, 
routing, or signaling of ETS?
    66. Access by Individuals with Disabilities. We seek comment on how 
NNP implementations might affect access to communications services by 
individuals with disabilities. Can increased intermodal and geographic 
porting provide increased access to communications networks by 
individuals using assistive technologies? The Commission has permitted 
video relay service (VRS) and IP Relay users to register and obtain 10-
digit geographic numbers, allowing users to be reached through a single 
number that will automatically connect to the registered user's primary 
VRS or IP Relay provider and allow the provider to determine the user's 
IP address for the purpose of delivering incoming calls made to that 
number. The Commission also adopted requirements allowing VRS and IP 
Relay users to have both their 10-digit number and registered location 
information forwarded to the appropriate PSAP. We seek comment on how 
any NNP implementations might benefit these services, equivalent 
services, or any other services that serve individuals with hearing and 
speech disabilities. Can widespread NNP adoption promote technologies 
and systems that allow for more efficient or user-friendly ways to 
achieve these, or better, effects? What steps would be necessary to 
ensure that access to communications services for Americans with 
disabilities continues to be robust and secure in an NNP scenario, such 
as if numbers are assigned without regard to geography?
    67. Tariffs and Intercarrier Compensation. We also seek comment on 
the various ways that NNP could affect carriers' pricing issues. How 
will proposed NNP implementations affect existing carrier tariffs? What 
are the ways in which various NNP proposals may alter the existing 
system of intercarrier compensation? Are there systems that can support 
or encourage a bill-and-keep system? What costs and benefits would such 
systems generate?

D. Number Administration

    68. We also seek comment on how changes to our current methods of 
numbering plan, number pooling, and number portability administration 
might facilitate NNP, or how NNP might affect these existing systems. 
If we significantly simplify the assignment and porting of numbers, 
would these changes require modifications to the current systems? Would 
it be possible, and beneficial, to allow multiple entities to provide 
competitive numbering administration services? Are there other systems 
of addressing what can serve as models for an evolving and increasingly 
IP-based network?

V. Legal Authority

    69. As noted above, section 251(e)(1) of the Act gives the 
Commission ``exclusive jurisdiction over those portions of the North 
American Numbering Plan that pertain to the United States'' and 
provides that numbers must be made ``available on an equitable basis.'' 
The Commission retains ``authority to set policy with respect to all 
facets of numbering administration in the United States.'' The 
Commission has promulgated local number portability rules to satisfy 
these congressional mandates, and the proposed actions in this NPRM are 
intended to further and better satisfy these mandates. We seek comment 
on this assessment.
    70. Moreover, section 10 of the Act states that the Commission 
shall forbear from applying any regulation or provision of the Act if 
it determines that: (1) Enforcement of such regulation or provision is 
not necessary to ensure that the charges, practices, classifications, 
or regulations by, for, or in connection with that telecommunications 
carrier or telecommunications service are just and reasonable and are 
not unjustly or unreasonably discriminatory; (2) enforcement of such 
regulation or provision is not necessary for the protection of 
consumers; and (3) forbearance from applying such provision or 
regulation is consistent with the public interest. We believe that our 
proposals discussed here satisfy these criteria as the remaining 
interexchange dialing parity requirements for competitive LECs are no 
longer necessary in today's all distance market to ensure that the 
charges and practices of competitive LECs are just and reasonable and 
are not unjustly or unreasonably discriminatory, and are no longer 
necessary for the protection of consumers. We seek comment on our 
forbearance analysis, as well as any other issues pertinent to our 
legal authority to facilitate NNP.

VI. Initial Regulatory Flexibility Analysis

    71. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities by the policies and rules proposed in this Notice of 
Proposed Rulemaking (NPRM). The Commission requests written public 
comments on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments provided on the 
first page of the NPRM. The Commission will send a copy of the NPRM, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA). In addition, the NPRM and IRFA (or 
summaries thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    72. In this NPRM, we propose changes to, and seek comment on, our 
rules on Local Number Portability Administration, and Nationwide Number 
Portability (NNP). In the NPRM, the Commission proposes to rescind the 
N-1 query requirement. Further, based on the ATIS Report and the 
marketplace findings in the 2015 USTelecom Forbearance Order, we 
propose to eliminate remaining interexchange dialing parity 
requirements. The objectives of the proposed modifications are to 
remove impediments to NNP.

B. Legal Basis

    73. The legal basis for any action that may be taken pursuant to 
this NPRM is contained in sections 1, 4(i), 10, 201(b), and 251(e)(1) 
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 
160, 201(b), and 251(e)(1).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    74. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and by the rule revisions on which the 
NPRM seeks comment, if adopted. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small-business concern'' under the Small Business 
Act. A ``small-business concern'' is one which: (1) Is

[[Page 55980]]

independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA.
    75. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive small entity size standards that could 
be directly affected herein. First, while there are industry specific 
size standards for small businesses that are used in the regulatory 
flexibility analysis, according to data from the SBA's Office of 
Advocacy, in general a small business is an independent business having 
fewer than 500 employees. These types of small businesses represent 
99.9% of all businesses in the United States which translates to 28.8 
million businesses. Next, the type of small entity described as a 
``small organization'' is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' Nationwide, as of 2007, there were approximately 1,621,215 
small organizations. Finally, the small entity described as a ``small 
governmental jurisdiction'' is defined generally as ``governments of 
cities, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data published in 2012 indicate that there were 89,476 local 
governmental jurisdictions in the United States. We estimate that, of 
this total, as many as 88,761 entities may qualify as ``small 
governmental jurisdictions.'' Thus, we estimate that most governmental 
jurisdictions are small.
    76. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired communications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution, and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry.'' The SBA has developed a small business size standard 
for Wired Telecommunications Carriers, which consists of all such 
companies having 1,500 or fewer employees. Census data for 2012 show 
that there were 3,117 firms that operated that year. Of this total, 
3,083 operated with fewer than 1,000 employees. Thus, under this size 
standard, the majority of firms in this industry can be considered 
small.
    77. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable NAICS 
Code category is Wired Telecommunications Carriers as defined above. 
Under the applicable SBA size standard, such a business is small if it 
has 1,500 or fewer employees. According to Commission data, census data 
for 2012 shows that there were 3,117 firms that operated that year. Of 
this total, 3,083 operated with fewer than 1,000 employees. The 
Commission therefore estimates that most providers of local exchange 
carrier service are small entities that may be affected by the rules 
adopted.
    78. Incumbent LECs. Neither the Commission nor the SBA has 
developed a small business size standard specifically for incumbent 
local exchange services. The closest applicable NAICS Code category is 
Wired Telecommunications Carriers as defined above. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
According to Commission data, 3,117 firms operated in that year. Of 
this total, 3,083 operated with fewer than 1,000 employees. 
Consequently, the Commission estimates that most providers of incumbent 
local exchange service are small businesses that may be affected by the 
rules and policies adopted. Three hundred and seven (307) Incumbent 
Local Exchange Carriers reported that they were incumbent local 
exchange service providers. Of this total, an estimated 1,006 have 
1,500 or fewer employees.
    79. Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers. Neither the Commission nor the SBA 
has developed a small business size standard specifically for these 
service providers. The appropriate NAICS Code category is Wired 
Telecommunications Carriers, as defined above. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
U.S. Census data for 2012 indicate that 3,117 firms operated during 
that year. Of that number, 3,083 operated with fewer than 1,000 
employees. Based on this data, the Commission concludes that the 
majority of Competitive LECS, CAPs, Shared-Tenant Service Providers, 
and Other Local Service Providers, are small entities. According to 
Commission data, 1,442 carriers reported that they were engaged in the 
provision of either competitive local exchange services or competitive 
access provider services. Of these 1,442 carriers, an estimated 1,256 
have 1,500 or fewer employees. In addition, 17 carriers have reported 
that they are Shared-Tenant Service Providers, and all 17 are estimated 
to have 1,500 or fewer employees. Also, 72 carriers have reported that 
they are Other Local Service Providers. Of this total, 70 have 1,500 or 
fewer employees. Consequently, based on internally researched FCC data, 
the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, Shared-Tenant Service 
Providers, and Other Local Service Providers are small entities.
    80. We have included small incumbent LECs in this present RFA 
analysis. As noted above, a ``small business'' under the RFA is one 
that, inter alia, meets the pertinent small business size standard 
(e.g., a telephone communications business having 1,500 or fewer 
employees), and ``is not dominant in its field of operation.'' The 
SBA's Office of Advocacy contends that, for RFA purposes, small 
incumbent LECs are not dominant in their field of operation because any 
such dominance is not ``national'' in scope. We have therefore included 
small incumbent LECs in this RFA analysis, although we emphasize that 
this RFA action has no effect on Commission analyses and determinations 
in other, non-RFA contexts.
    81. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition for Interexchange Carriers. The closest 
NAICS Code category is Wired Telecommunications Carriers as defined 
above. The applicable size standard under SBA rules is that such a 
business is small if it has 1,500 or fewer employees. U.S. Census data 
for 2012 indicates that 3,117 firms operated during that year. Of that 
number, 3,083 operated with fewer than 1,000 employees. According to 
internally developed Commission data, 359 companies reported that their 
primary telecommunications service activity was the provision of 
interexchange services. Of this total, an estimated 317 have 1,500 or 
fewer employees.

[[Page 55981]]

Consequently, the Commission estimates that the majority of IXCs are 
small entities that may be affected by our proposed rules.
    82. Local Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. The 
Telecommunications Resellers industry comprises establishments engaged 
in purchasing access and network capacity from owners and operators of 
telecommunications networks and reselling wired and wireless 
telecommunications services (except satellite) to businesses and 
households. Establishments in this industry resell telecommunications; 
they do not operate transmission facilities and infrastructure. Mobile 
virtual network operators (MVNOs) are included in this industry. Under 
that size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2012 show that 1,341 firms provided resale 
services during that year. Of that number, all operated with fewer than 
1,000 employees. Thus, under this category and the associated small 
business size standard, the majority of these prepaid calling card 
providers can be considered small entities.
    83. Toll Resellers. The Commission has not developed a definition 
for Toll Resellers. The closest NAICS Code Category is 
Telecommunications Resellers. The Telecommunications Resellers industry 
comprises establishments engaged in purchasing access and network 
capacity from owners and operators of telecommunications networks and 
reselling wired and wireless telecommunications services (except 
satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission 
facilities and infrastructure. Mobile virtual network operators (MVNOs) 
are included in this industry. The SBA has developed a small business 
size standard for the category of Telecommunications Resellers. Under 
that size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2012 show that 1,341 firms provided resale 
services during that year. Of that number, 1,341 operated with fewer 
than 1,000 employees. Thus, under this category and the associated 
small business size standard, the majority of these resellers can be 
considered small entities. According to Commission data, 881 carriers 
have reported that they are engaged in the provision of toll resale 
services. Of this total, an estimated 857 have 1,500 or fewer 
employees. Consequently, the Commission estimates that the majority of 
toll resellers are small entities.
    84. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. The closest applicable NAICS Code category is for 
Wired Telecommunications Carriers as defined above. Under the 
applicable SBA size standard, such a business is small if it has 1,500 
or fewer employees. Census data for 2012 shows that there were 3,117 
firms that operated that year. Of this total, 3,083 operated with fewer 
than 1,000 employees. Thus, under this category and the associated 
small business size standard, the majority of Other Toll Carriers can 
be considered small. According to internally developed Commission data, 
284 companies reported that their primary telecommunications service 
activity was the provision of other toll carriage. Of these, an 
estimated 279 have 1,500 or fewer employees. Consequently, the 
Commission estimates that most Other Toll Carriers are small entities 
that may be affected by rules adopted pursuant to the Second Further 
Notice.
    85. Prepaid Calling Card Providers. The SBA has developed a 
definition for small businesses within the category of 
Telecommunications Resellers. Under that SBA definition, such a 
business is small if it has 1,500 or fewer employees. According to the 
Commission's Form 499 Filer Database, 500 companies reported that they 
were engaged in the provision of prepaid calling cards. The Commission 
does not have data regarding how many of these 500 companies have 1,500 
or fewer employees. Consequently, the Commission estimates that there 
are 500 or fewer prepaid calling card providers that may be affected by 
the rules.
    86. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census data for 2012 show that there were 967 firms that operated for 
the entire year. Of this total, 955 firms had employment of 999 or 
fewer employees and 12 had employment of 1000 employees or more. Thus 
under this category and the associated size standard, the Commission 
estimates that the majority of wireless telecommunications carriers 
(except satellite) are small entities.
    87. The Commission's own data--available in its Universal Licensing 
System--indicate that, as of October 25, 2016, there are 280 Cellular 
licensees that will be affected by our actions today. The Commission 
does not know how many of these licensees are small, as the Commission 
does not collect that information for these types of entities. 
Similarly, according to internally developed Commission data, 413 
carriers reported that they were engaged in the provision of wireless 
telephony, including cellular service, Personal Communications Service, 
and Specialized Mobile Radio Telephony services. Of this total, an 
estimated 261 have 1,500 or fewer employees, and 152 have more than 
1,500 employees. Thus, using available data, we estimate that the 
majority of wireless firms can be considered small.
    88. Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation, and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these definitions.
    89. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. As noted, the SBA has developed a small business 
size standard for Wireless Telecommunications Carriers (except 
Satellite). Under the SBA small business size standard, a business is 
small if it has 1,500 or fewer employees. According to Commission data, 
413 carriers reported that they were engaged in wireless telephony. Of 
these, an estimated 261 have 1,500 or fewer employees and 152 have more 
than 1,500 employees. Therefore, a little less than one third of these 
entities can be considered small.
    90. Cable and Other Subscription Programming. This industry 
comprises establishments primarily engaged in operating studios and 
facilities for the broadcasting of programs on a

[[Page 55982]]

subscription or fee basis. The broadcast programming is typically 
narrowcast in nature (e.g., limited format, such as news, sports, 
education, or youth-oriented). These establishments produce programming 
in their own facilities or acquire programming from external sources. 
The programming material is usually delivered to a third party, such as 
cable systems or direct-to-home satellite systems, for transmission to 
viewers. The SBA has established a size standard for this industry 
stating that a business in this industry is small if it has 1,500 or 
fewer employees. The 2012 Economic Census indicates that 367 firms were 
operational for that entire year. Of this total, 357 operated with less 
than 1,000 employees. Accordingly we conclude that a substantial 
majority of firms in this industry are small under the applicable SBA 
size standard.
    91. Cable Companies and Systems (Rate Regulation). The Commission 
has developed its own small business size standards for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. 
Industry data indicate that there are currently 4,600 active cable 
systems in the United States. Of this total, all but eleven cable 
operators nationwide are small under the 400,000-subscriber size 
standard. In addition, under the Commission's rate regulation rules, a 
``small system'' is a cable system serving 15,000 or fewer subscribers. 
Current Commission records show 4,600 cable systems nationwide. Of this 
total, 3,900 cable systems have fewer than 15,000 subscribers, and 700 
systems have 15,000 or more subscribers, based on the same records. 
Thus, under this standard as well, we estimate that most cable systems 
are small entities.
    92. Cable System Operators (Telecom Act Standard). The 
Communications Act also contains a size standard for small cable system 
operators, which is ``a cable operator that, directly or through an 
affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' There are approximately 52,403,705 cable video 
subscribers in the United States today. Accordingly, an operator 
serving fewer than 524,037 subscribers shall be deemed a small operator 
if its annual revenues, when combined with the total annual revenues of 
all its affiliates, do not exceed $250 million in the aggregate. Based 
on available data, we find that all but nine incumbent cable operators 
are small entities under this size standard. The Commission neither 
requests nor collects information on whether cable system operators are 
affiliated with entities whose gross annual revenues exceed $250 
million. Although it seems certain that some of these cable system 
operators are affiliated with entities whose gross annual revenues 
exceed $250 million, we are unable at this time to estimate with 
greater precision the number of cable system operators that would 
qualify as small cable operators under the definition in the 
Communications Act.
    93. All Other Telecommunications. ``All Other Telecommunications'' 
is defined as follows: This U.S. industry is comprised of 
establishments that are primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry. The SBA has developed a 
small business size standard for ``All Other Telecommunications,'' 
which consists of all such firms with gross annual receipts of $32.5 
million or less. For this category, census data for 2012 show that 
there were 1,442 firms that operated for the entire year. Of these 
firms, a total of 1,400 had gross annual receipts of less than $25 
million. Consequently, we estimate that the majority of All Other 
Telecommunications firms are small entities that might be affected by 
our action.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    94. This NPRM proposes changes to, and seeks comment on, Commission 
rules on Local Number Portability Administration, and Nationwide Number 
Portability (NNP). The NPRM seeks to amend our rules by removing the N-
1 query requirement and proposes to forbear from remaining 
interexchange dialing parity requirements of section 251(b)(3). The 
objectives of the proposed modifications are to remove impediments to 
NNP. As the NPRM seeks comment on rule withdrawal and forbearance, we 
therefore do not adopt new reporting, recordkeeping, or other 
compliance requirements.
    95. As reported in the Final Regulatory Flexibility Analysis (1996 
FRFA) of the 1996 order instituting the dialing parity rules, the 
compliance requirements of the Section 251 dialing parity rules include 
``dialing-parity specific software, hardware, signaling system upgrades 
and necessary consumer education.'' Such compliance entailed the ``use 
of engineering, technical, operational, and accounting skills.'' We 
seek comment on whether withdrawing these proposed rules will enable 
LECs, including small entities, to reduce or eliminate these costs via 
a lesser compliance burden.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    96. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rules for such small 
entities; (3) the use of performance rather than design standards; and 
(4) an exemption from coverage of the rule, or any part thereof, for 
such small entities.
    97. The 1996 FRFA states that the dialing parity provisions allowed 
``LECs and competing providers of telephone toll service'' including 
small entities ``to not be subject to an array of differing state 
standards and timetables requiring them to research and tailor their 
operations to the unique requirements of each state.'' We seek comment 
as to the extent all LECs, including small entities, will be 
economically impacted by the removal of nationwide provisions.
    98. The 1996 FRFA also explains that as result of the dialing 
parity rules, a carrier could not automatically designate itself as a 
``toll carrier without notifying the customer of the opportunity to 
choose an alternative carrier, one or more of which may be a small 
business.'' We seek comment as to any additional economic burden 
incurred by small entities as a result of the withdrawal of the dialing 
parity rule.

[[Page 55983]]

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    99. None.

VII. Procedural Matters

A. Deadlines and Filing Procedures

    100. Pursuant to sections 1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document in Dockets WC 17-244, and WC 13-97. Comments may be filed 
using the Commission's Electronic Comment Filing System (ECFS). See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington DC 20554.
    [ssquf] People With Disabilities: 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).
    101. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
Rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

B. Initial Regulatory Flexibility Analysis

    102. Pursuant to the Regulatory Flexibility Act (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and actions considered in this Notice of Proposed 
Rulemaking. The text of the IRFA is set forth in Appendix B. Written 
public comments are requested on this IRFA. Comments must be identified 
as responses to the IRFA and must be filed by the deadlines for comment 
on the Notice of Proposed Rulemaking. The Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, will send a 
copy of this Notice of Proposed Rulemaking, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA).

C. Paperwork Reduction Act

    103. This document may contain proposed new or modified information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, we seek specific comment on how we might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.

D. Contact Persons

    104. For further information about this proceeding, please contact 
Sherwin Siy, FCC Wireline Competition Bureau, Competition Policy 
Division, Room 5-C225, 445 12th Street SW., Washington, DC 20554, (202) 
418-2783, [email protected].

VIII. Ordering Clauses

    105. Accordingly, it is ordered, pursuant to sections 1, 4(i), 10, 
201(b), and 251(e) of the Communication Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 160, 201(b), and 251(e) that this Notice of 
Proposed Rulemaking and Notice of Inquiry is adopted.
    106. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 51

    Interconnection.

47 CFR Part 52

    Numbering.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons set forth above, The Federal Communications 
Commission proposes to amend parts 51 and 52 of Title 47 of the Code of 
Federal Regulations as follows:

[[Page 55984]]

PART 51--INTERCONNECTION

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 220, 225-27, 
251-54, 256, 271, 303(r), 332, 1302.

Subpart C--Obligations of All Local Exchange Carriers

0
2. Amend Sec.  51.205 by revising it to read as follows:


Sec.  51.205  Dialing parity: General.

    A local exchange carrier (LEC) shall provide local dialing parity 
to competing providers of telephone exchange service, with no 
unreasonable dialing delays. Dialing parity shall be provided for 
originating telecommunications services that require dialing to route a 
call.
0
3. Remove Sec.  51.209.


Sec.  51.209  [Removed]

    Remove Sec.  51.209.
0
4. Remove Sec.  51.213


Sec.  51.213  [Removed]

    Remove Sec.  51.213.
0
5. Remove Sec.  51.215.


Sec.  51.215  [Removed]

    Remove Sec.  51.215.

PART 52--NUMBERING

0
6. The authority citation for part 52 continues to read as follows:

    Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066, as amended; 47 
U.S.C. 151, 152, 154 and 155 unless otherwise noted. Interpret or 
apply secs. 3, 4, 201-05, 207-09, 218, 225-27, 251-52, 271 and 332, 
48 Stat. 1070, as amended, 1077; 47 U.S.C. 153, 154, 201-05, 207-09, 
218, 225-27, 251-52, 271 and 332 unless otherwise noted.

Subpart C--Number Portability

0
7. In Sec.  52.26 revise paragraph (a) to read as follows:


Sec.  52.26 NANC  Recommendations on Local Number Portability 
Administration.

    (a) Local number portability administration shall comply with the 
recommendations of the North American Numbering Council (NANC) as set 
forth in the report to the Commission prepared by the NANC's Local 
Number Portability Administration Selection Working Group, dated April 
25, 1997 (Working Group Report) and its appendices, which are 
incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 
51. Except that: Sections 7.8 and 7.10 of Appendix D and the following 
portions of Appendix E: Section 7, Issue Statement I of Appendix A, and 
Appendix B in the Working Group Report are not incorporated herein.
* * * * *
[FR Doc. 2017-25458 Filed 11-24-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                  55970                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  relationship between the national                       List of Subjects in 40 CFR Part 147                   Idaho is June 11, 1984. The effective
                                                  government and the states, or on the                      Environmental protection, Indian—                   date of the UIC program for Class II
                                                  distribution of power and                               lands, Intergovernmental relations,                   wells on non-Indian lands in Idaho is
                                                  responsibilities among the various                      Reporting and recordkeeping                           [date of publication of final rule in the
                                                  levels of government. This action                       requirements, Water supply.                           Federal Register].
                                                  contains no federal mandates for state                                                                        [FR Doc. 2017–24637 Filed 11–24–17; 8:45 am]
                                                  and local governments and does not                        Dated: November 6, 2017.
                                                                                                                                                                BILLING CODE 6560–50–P
                                                  impose any enforceable duties on state                  E. Scott Pruitt,
                                                  and local governments. This action                      Administrator.
                                                  merely withdraws a state program (at                      For the reasons set out in the                      FEDERAL COMMUNICATIONS
                                                  the voluntary request from Idaho) and                   preamble, Title 40 chapter 1 of the Code              COMMISSION
                                                  therein transfers implementation of the                 of Federal Regulations is proposed to be
                                                  Class II UIC program to EPA.                            amended as follows:                                   47 CFR Parts 51 and 52
                                                  G. Executive Order 13175: Consultation                  PART 147—STATE, TRIBAL, AND EPA-                      [WC Docket No. 17–244, WC Docket No.
                                                  and Coordination With Indian Tribal                     ADMINISTERED UNDERGROUND                              13–97; FCC 17–133]
                                                  Governments                                             INJECTION CONTROL PROGRAMS
                                                                                                                                                                Nationwide Number Portability;
                                                    This action does not have tribal
                                                                                                          ■  1. The authority citation for part 147             Numbering Policies for Modern
                                                  implications as specified in Executive
                                                                                                          is revised to read as follows:                        Communications
                                                  Order 13175. This action contains no
                                                  federal mandates for tribal governments                   Authority: 42 U.S.C. 300h et seq.; and 42           AGENCY:  Federal Communications
                                                  and does not impose any enforceable                     U.S.C. 6901 et seq.                                   Commission.
                                                  duties on tribal governments. Thus,                                                                           ACTION: Proposed rule.
                                                  Executive Order 13175 does not apply                    Subpart N—Idaho
                                                  to this action.                                         ■ 2. Amend § 147.650 by revising the                  SUMMARY:    In this document, the
                                                                                                          section heading and the introductory                  Commission seeks comment on how
                                                  H. Executive Order 13045: Protection of
                                                                                                          paragraph to read as follows:                         best to move toward complete
                                                  Children From Environmental Health
                                                                                                                                                                nationwide number portability (NNP) to
                                                  and Safety Risks                                        § 147.650 State-administered program—                 promote competition among all service
                                                    The EPA interprets Executive Order                    Class I, III, IV, and V wells.                        providers. The NPRM proposes to
                                                  13045 as applying only to those                           The UIC program for Class I, III, IV,               eliminate the N–1 query requirement,
                                                  regulatory actions that concern                         and V wells in the state of Idaho, other              and also proposes to forbear from the
                                                  environmental health or safety risks that               than those on Indian lands, is the                    dialing parity requirements for
                                                  the EPA has reason to believe may                       program administered by the Idaho                     competitive LECs that remain after the
                                                  disproportionately affect children, per                 Department of Water Resources,                        2015 USTelecom Forbearance Order as
                                                  the definition of ‘‘covered regulatory                  approved by EPA pursuant to section                   they apply to interexchange services.
                                                  action’’ in section 2–202 of the                        1422 of the Safe Drinking Water Act.                  The NPRM asserts these changes will
                                                  Executive Order. This action is not                     Notice of this approval was published in              remove regulatory barriers to NNP and
                                                  subject to Executive Order 13045                        the Federal Register on June 7, 1985;                 better reflect the competitive realities of
                                                  because it transfers a state program.                   the effective date of this program is July            today’s marketplace. The NOI seeks to
                                                                                                          22, 1985. This program consists of the                refresh the record in the 2013 Future of
                                                  I. Executive Order 13211: Actions                       following elements, as submitted to EPA
                                                  Concerning Regulations That                                                                                   Numbering NOI. It also seeks comment
                                                                                                          in Idaho’s program application. Note:                 on four NNP models proposed by ATIS:
                                                  Significantly Affect Energy Supply,                     because EPA subsequently transferred
                                                  Distribution, or Use                                                                                          Nationwide implementation of local
                                                                                                          the Class II UIC program from the Idaho               routing numbers (LRNs); non-
                                                     This action is not subject to Executive              Department of Water Resources to EPA,                 Geographic LRNs (NGLRNs);
                                                  Order 13211, because it is not a                        references to Class II in the following               commercial agreements; and iconectiv’s
                                                  significant regulatory action under                     elements are no longer relevant or                    GR–2982–CORE. The NOI finally seeks
                                                  Executive Order 12866.                                  applicable for federal UIC purposes.                  comment on the implications of these
                                                  J. National Technology Transfer and                     *      *    *      *    *                             proposals as they relate to public safety,
                                                  Advancement Act                                         ■ 3. Amend § 147.651 by revising the                  access by individuals with disabilities,
                                                                                                          section heading and paragraphs (a) and                tariffs, and intercarrier compensation.
                                                     This rulemaking does not involve                     (b) to read as follows:
                                                  technical standards.                                                                                          DATES: Comments are due on or before
                                                                                                          § 147.651 EPA-administered program—                   December 27, 2017, and reply comments
                                                  K. Executive Order 12898: Federal                       Class II wells and all wells on Indian lands.         are due on or before January 26, 2018.
                                                  Actions To Address Environmental                          (a) Contents. EPA administers the UIC               Written comments on the Paperwork
                                                  Justice in Minority Populations and                     program for all classes of wells on                   Reduction Act proposed information
                                                  Low-Income Populations                                  Indian lands and for Class II wells on                collection requirements must be
                                                    The EPA has determined that this                      non-Indian lands in the state of Idaho.               submitted by the public, Office of
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                                                  action is not subject to Executive Order                This program consists of the UIC                      Management and Budget (OMB), and
                                                  12898 (59 FR 7629, February 16, 1994)                   program requirements of 40 CFR parts                  other interested parties on or before
                                                  because it does not establish an                        124, 144, 146, 148, and any additional                January 26, 2018.
                                                  environmental health or safety standard.                requirements set forth in the remainder               ADDRESSES: You may submit comments,
                                                  This rule does not impose any health or                 of this subpart. Injection well owners                identified by both WC Docket No. 17–
                                                  safety standards; this action transfers a               and operators, and EPA shall comply                   244, and WC Docket No. 13–97 by any
                                                  state program and therein transfers                     with these requirements.                              of the following methods:
                                                  direct implementation of the Class II                     (b) Effective dates. The effective date                • Federal Communications
                                                  UIC program to EPA.                                     of the UIC program for Indian lands in                Commission’s Web site: http://


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                                                                       Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules                                            55971

                                                  apps.fcc.gov/ecfs/. Follow the                          SUPPLEMENTARY INFORMATION:       This is a            send an email to fcc504@fcc.gov or call
                                                  instructions for submitting comments.                   summary of the Commission’s Notice of                 the Consumer & Governmental Affairs
                                                     • Mail: Parties who choose to file by                Proposed Rulemaking (NPRM) in WC                      Bureau at 202–418–0530 (voice), 202–
                                                  paper must file an original and one copy                Docket No. 17–244, and CC Docket No.                  418–0432 (TTY).
                                                  of each filing. If more than one docket                 13–97, adopted October 24, 2017, and
                                                                                                                                                                Synopsis
                                                  or rulemaking number appears in the                     released October 26, 2017. The full text
                                                  caption of this proceeding, filers must                 of this document is available for public              I. Introduction
                                                  submit two additional copies for each                   inspection during regular business                       1. Telephone numbers continue to
                                                  additional docket or rulemaking                         hours in the FCC Reference Information                serve as important identifiers for
                                                  number. Filings can be sent by hand or                  Center, Portals II, 445 12th Street SW.,              reaching family and friends, businesses,
                                                  messenger delivery, by commercial                       Room CY–A257, Washington, DC 20554.                   and other key contacts. Therefore, many
                                                  overnight courier, or by first-class or                 It is available on the Commission’s Web               individuals and businesses value their
                                                  overnight U.S. Postal Service mail. All                 site at https://www.fcc.gov/document/                 telephone numbers and the ability to
                                                  filings must be addressed to the                        fcc-seeks-comment-moving-toward-                      keep them—whether changing service
                                                  Commission’s Secretary, Office of the                   nationwide-number-portability-0.                      providers, moving from one
                                                  Secretary, Federal Communications                       Pursuant to sections 1.415 and 1.419 of               neighborhood to another, or relocating
                                                  Commission. All hand-delivered or                       the Commission’s rules, 47 CFR 1.415,                 across the country.
                                                  messenger-delivered paper filings for                   1.419, interested parties may file                       2. Currently, consumers and
                                                  the Commission’s Secretary must be                      comments and reply comments on or                     businesses can keep their telephone
                                                  delivered to FCC Headquarters at 445                    before the dates indicated on the first               numbers when changing service
                                                  12th St. SW., Room TW–A325,                             page of this document. Comments may                   providers—wireline-to-wireline,
                                                  Washington, DC 20554. The filing hours                  be filed using the Commission’s                       wireless-to-wireless, and wireline-to-
                                                  are 8:00 a.m. to 7:00 p.m. All hand                     Electronic Comment Filing System                      wireless and the reverse—when they
                                                  deliveries must be held together with                   (ECFS). See Electronic Filing of                      move locally. This local number
                                                  rubber bands or fasteners. Any                          Documents in Rulemaking Proceedings,                  portability (LNP) benefits consumers
                                                  envelopes and boxes must be disposed                    63 FR 24121 (1998), http://www.fcc.gov/               and promotes competition. But
                                                  of before entering the building.                        Bureaus/OGC/Orders/1998/                              consumers cannot uniformly keep their
                                                  Commercial overnight mail (other than                   fcc98056.pdf.                                         traditional wireline numbers or their
                                                  U.S. Postal Service Express Mail and                       • Electronic Filers: Comments may be               mobile numbers when they move long
                                                  Priority Mail) must be sent to 9050                     filed electronically using the Internet by            distance. The ability to keep your
                                                  Junction Drive, Annapolis Junction, MD                  accessing the ECFS: https://                          telephone number when switching your
                                                  20701. U.S. Postal Service first-class,                 www.fcc.gov/ecfs/.                                    wireline or wireless service provider
                                                                                                             • Paper Filers: Parties who choose to
                                                  Express, and Priority mail must be                                                                            may depend on whether the service
                                                                                                          file by paper must file an original and
                                                  addressed to 445 12th Street SW.,                                                                             provider to whom you want to switch is
                                                                                                          one copy of each filing. If more than one
                                                  Washington, DC 20554.                                                                                         a nationwide service provider. This
                                                                                                          docket or rulemaking number appears in
                                                     • People with Disabilities: To request                                                                     limitation not only confuses and
                                                                                                          the caption of this proceeding, filers
                                                  materials in accessible formats for                                                                           inconveniences consumers, it harms the
                                                                                                          must submit two additional copies for
                                                  people with disabilities (Braille, large                                                                      ability of small or regional carriers to
                                                                                                          each additional docket or rulemaking
                                                  print, electronic files, audio format),                                                                       compete, undermining a core principle
                                                                                                          number. Filings can be sent by hand or
                                                  send an email to fcc504@fcc.gov or call                                                                       of number portability—competition.
                                                                                                          messenger delivery, by commercial
                                                  the Consumer & Governmental Affairs                                                                              3. In this Notice of Proposed
                                                                                                          overnight courier, or by first-class or
                                                  Bureau at 202–418–0530 (voice), 202–                                                                          Rulemaking (NPRM) and Notice of
                                                                                                          overnight U.S. Postal Service mail. All
                                                  418–0432 (TTY).                                                                                               Inquiry (NOI), the Commission seeks
                                                                                                          filings must be addressed to the
                                                     For detailed instructions for                                                                              comment on how best to move toward
                                                                                                          Commission’s Secretary, Office of the
                                                  submitting comments and additional                                                                            complete nationwide number portability
                                                                                                          Secretary, Federal Communications
                                                  information on the rulemaking process,                                                                        to promote competition between all
                                                                                                          Commission. All hand-delivered or
                                                  see the SUPPLEMENTARY INFORMATION                                                                             service providers, regardless of size or
                                                                                                          messenger-delivered paper filings for
                                                  section of this document. In addition to                                                                      type of service (wireline or wireless).
                                                                                                          the Commission’s Secretary must be
                                                  filing comments with the Secretary, a                                                                         We also explore how technical aspects
                                                                                                          delivered to FCC Headquarters at 445
                                                  copy of any comments on the                             12th St. SW., Room TW–A325,                           of our current LNP and dialing parity
                                                  Paperwork Reduction Act information                     Washington, DC 20554. The filing hours                rules hinder the efficient routing of calls
                                                  collection requirements contained                       are 8:00 a.m. to 7:00 p.m. All hand                   throughout the network, causing
                                                  herein should be submitted to the                       deliveries must be held together with                 inefficiencies and delays.
                                                  Federal Communications Commission                       rubber bands or fasteners. Any                        II. Background
                                                  via email to PRA@fcc.gov and to Nicole                  envelopes and boxes must be disposed
                                                  Ongele, Federal Communications                          of before entering the building.                      A. Overview
                                                  Commission, via email to                                Commercial overnight mail (other than                    4. The Commission has plenary
                                                  Nicole.Ongele@fcc.gov.                                  U.S. Postal Service Express Mail and                  authority over numbering matters.
                                                  FOR FURTHER INFORMATION CONTACT:                        Priority Mail) must be sent to 9050                   Section 251(e) of the Act of 1934, as
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                                                  Wireline Competition Bureau,                            Junction Drive, Annapolis Junction, MD                amended (the Act) gives the
                                                  Competition Policy Division, Sherwin                    20701. U.S. Postal Service first-class,               Commission exclusive jurisdiction over
                                                  Siy, at (202) 418–2783, or sherwin.siy@                 Express, and Priority mail must be                    the North American Numbering Plan
                                                  fcc.gov. For additional information                     addressed to 445 12th Street SW.,                     (NANP) and related telephone
                                                  concerning the Paperwork Reduction                      Washington, DC 20554.                                 numbering issues in the United States.
                                                  Act information collection requirements                    • People with Disabilities: To request             Section 251(b)(2) of the Act requires
                                                  contained in this document, send an                     materials in accessible formats for                   local exchange carriers (LECs) to
                                                  email to PRA@fcc.gov or contact Nicole                  people with disabilities (Braille, large              ‘‘provide, to the extent technically
                                                  Ongele at (202) 418–2991.                               print, electronic files, audio format),               feasible, number portability in


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                                                  55972                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  accordance with requirements                            as a local number. This means that the                Number Portability Study on June 20,
                                                  prescribed by the Commission.’’                         rate center ‘‘location’’ of the number                2016. The Alliance for
                                                  Together, these portions of the Act give                determines the location and thus the                  Telecommunication Industry Solutions
                                                  the Commission the authority not only                   available LECs to which a customer can                (ATIS) is a technical planning and
                                                  to require ‘‘number portability,’’ which                port the number. This reduced                         standards organization that develops
                                                  allows users to retain telephone                        flexibility and choice also disadvantages             and promotes technical and operations
                                                  numbers at the same location, but also                  LEC over providers of other telephony                 standards for communications and
                                                  to encourage ‘‘location portability,’’                  services.                                             related information technologies
                                                  allowing consumers to retain their                         7. Many consumers are thus still                   worldwide. The ATIS Report analyzes
                                                  telephone numbers when changing their                   limited to local number portability, and              five potential solutions for achieving
                                                  location. Ensuring that telephone                       interest in NNP remains high.                         NNP: (1) Nationwide implementation of
                                                  numbers do not act as barriers to                       Government and private stakeholders                   LRNs; (2) non-Geographic LRNs
                                                  competition between carriers of various                 have explored possibilities for                       (NGLRNs); (3) commercial agreements;
                                                  sizes and technologies is well within                   implementing NNP in various forums.                   (4) Internet interconnection; and (5)
                                                  our statutory authority. The                            In July 2015, the U.S. House of                       iconectiv’s GR–2982–CORE
                                                  Commission has created rules for local                  Representatives Committee on Energy                   specification. ATIS reported that the
                                                  number portability and rules requiring                  and Commerce (the Committee)                          commercial agreement solution is the
                                                  that local number portability be                        requested that the Commission                         only one that can be supported today
                                                  available for wireless and                              expeditiously support nationwide                      that has no porting impacts.
                                                  interconnected Voice over Internet                      number portability, noting that                          11. On August 30, 2016, the NANC
                                                  Protocol (VoIP) customers. A ‘‘rate                     ‘‘[c]onsumers overwhelmingly prefer to                LNP Working Group issued a white
                                                  center’’ is a geographic area that is used              keep their numbers when they switch                   paper on NGNP (the NANC notes that
                                                  to determine whether a call is local or                 carriers.’’ The Committee further                     NGNP and NNP ‘‘are considered to be
                                                  toll. This type of unlimited number                     indicated that the distinction within the             two synonymous terms, but it has
                                                  portability—allowing consumers to port                  number portability rules places non-                  become the preference of the NANC
                                                  any telephone number anywhere—has                       nationwide providers at a competitive                 Working Groups to use the term NNP’’).
                                                  been referred to as ‘‘nationwide number                 disadvantage and could result in                      Among other things, the LNP Working
                                                  portability’’ (NNP) or ‘‘non-geographic                 consumer confusion when attempting to                 Group concluded that regulatory
                                                  number portability’’ (NGNP).                            switch providers.                                     changes made as a result of non-
                                                     5. A wireless user may currently have                   8. The Competitive Carriers                        geographic number porting
                                                  more opportunities than a wireline user                 Association (CCA) subsequently                        implementation should be technology
                                                  when it comes to number porting. But                    asserted that ‘‘CCA’s rural and regional              and provider agnostic. The Working
                                                  even among wireless competitors,                        members have experienced problems                     Group reiterated that ‘‘any
                                                  smaller rural and regional carriers are at              with porting-in wireless numbers from                 implementation of NGNP . . . will
                                                  a disadvantage versus their nationwide                  disparate parts of the country.’’ CCA                 require collaboration and support by all
                                                  competitors. Wireless-to-wireless                       further asserts that, as a result, non-               parties involved’’ and that an industry
                                                  porting is only possible if the ported-to               nationwide carriers are placed at a                   move towards NGNP will require a
                                                  wireless carrier has a facilities-based                 competitive disadvantage compared to                  mandate by the Commission.
                                                  presence in the porting customer’s                      their nationwide counterparts who are
                                                                                                          able to port-in numbers regardless of                 B. Background on Number Portability
                                                  original geographic location, placing
                                                                                                          location. CCA expressed that number                   Mechanisms
                                                  smaller, non-nationwide carriers at a
                                                  disadvantage. Similarly, existing                       portability ‘‘helps to expand                            12. In the last few years, ATIS and the
                                                  technical strictures prevent customers                  competition by allowing consumers to                  NANC have worked to develop
                                                  from porting their numbers from                         choose carriers that offer lower prices               approaches for implementing NNP and
                                                  wireless-to-wireline services, should a                 and innovative product and service                    thereby, increase access to smaller,
                                                  consumer want to do so, unless the                      offerings, and these public interest                  regional carriers and increase routing
                                                  ported-to wireline service provider                     benefits are diminished when non-                     efficiency in the network. Because the
                                                  happens to have a presence in the same                  nationwide carriers do not have the                   changes required by some of these
                                                  rate center as the customer’s number.                   same capability as nationwide carriers.’’             proposals could be hindered by legacy
                                                  This requirement naturally limits the                      9. On May 16, 2016, the North                      aspects of our telephone regulations, we
                                                  ability of LECs to port-in numbers from                 American Numbering Council (NANC),                    propose to eliminate certain legacy
                                                  wireless services, and will affect any toll             issued a report on NNP. The NANC is                   aspects of our telephone regulations to
                                                  or long-distance charges or other                       the Commission’s Federal Advisory                     promote NNP, such as existing N–1 and
                                                  distance-sensitive costs for transiting                 Committee on numbering                                dialing parity requirements. This
                                                  the Public Switched Telephone Network                   administration matters. It is comprised               section provides a summary of existing
                                                  (PSTN) portion of the call path, placing                of state regulators, consumer groups,                 number portability mechanisms as
                                                  these local wireline carriers at a                      industry representatives, and other                   background to the proposals and
                                                  disadvantage when it comes to                           stakeholders interested in number                     questions in the NPRM and the NOI
                                                  competing for consumers.                                administration. The NANC Report                       below.
                                                     6. An interconnected Voice over                      recommended further inquiry into                         13. Current LNP Process. In the
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                                                  Internet Protocol (VoIP) user is likewise               several issues, including potential                   current local number portability system,
                                                  limited in terms of portability. While                  impacts to the life of the NANP,                      consumers may keep their telephone
                                                  there is no technologically-inherent                    necessary edits to federal rules, and the             number when changing providers if
                                                  restriction on location of use if                       role of LRNs in the future as carriers use            they remain at the same location. Stated
                                                  connectivity is supported via the                       both time division multiplexing- and                  differently, consumers may be
                                                  Internet (or via a dedicated network that               VoIP-based interconnection.                           prevented, for technical reasons, from
                                                  can connect to it), calls to and from the                  10. The Alliance for Technical                     retaining their telephone number when
                                                  PSTN are routed through the rate center                 Industry Solutions (ATIS) approved a                  switching providers if they move
                                                  where the telephone number is assigned                  Technical Report on a Nationwide                      outside the original geographic area of


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                                                                       Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules                                          55973

                                                  their telephone number. This is true for                interexchange carrier is the N–1 carrier,             of equal access requirements in the Act
                                                  both intramodal (e.g., wireline-to-                     and thus performs the number                          that have been adopted from the 1982
                                                  wireline or wireless-to-wireless) and                   portability database query. If, on the                Modification of Final Judgment (MFJ) in
                                                  intermodal (e.g., wireline-to-wireless)                 other hand, the originating carrier finds             the federal antitrust case against AT&T,
                                                  ports. In either context, a customer who                that the dialed number does not require               which imposed these requirements on
                                                  changes carriers, or who moves within                   handoff to an interexchange carrier, it               the Bell Operating Companies (BOCs).
                                                  the same general geographic area, can                   performs the query itself, receives the               The Telecommunications Act of 1996
                                                  retain a telephone number through the                   LRN, and then routes the call to the                  (1996 Act) incorporated the MFJ’s equal
                                                  use of a LRN: A 10-digit number-like                    appropriate terminating carrier’s switch.             access requirements for these former
                                                  number that shares a switch with the                    In that case, the originating carrier itself          BOCs into the Communications Act via
                                                  customer’s location. The LRN is                         is the N–1 carrier, since only two                    section 251(g). The 1996 Act also
                                                  essentially a telephone number that                     carriers are involved.                                created more specific, affirmative equal
                                                  designates the switch that serves the                      15. The N–1 requirement requires the               access requirements in section 251(b)
                                                  customer’s new location. When                           second-to-last carrier to perform the                 that applied to all local exchange
                                                  someone calls that customer’s ported                    number portability database query;                    carriers. The provisions in this section
                                                  number, one of the carriers routing the                 where an interexchange carrier is                     substantially resemble the requirements
                                                  call will query the Number Portability                  involved, this prevents the originating               in the MFJ, with the key differences that
                                                  Administration Center/Service                           carrier from performing the query. The                the requirements in the MFJ cover
                                                  Management System (NPAC/SMS),                           N–1 requirement was recommended by                    information services as well as
                                                  which provides the routing carrier the                  the NANC and adopted by the                           telephone toll service, and section
                                                  appropriate LRN. The NPAC/SMS                           Commission in the early stages of                     251(b)(3) covers local exchange and
                                                  consists of hardware and software                       implementing LNP because it ensured                   telephone toll service.
                                                  platforms that host a national                          that: Carriers would know when a                         17. We seek, through this NPRM and
                                                  information database and serves as the                  database had been queried; the cost of                NOI, to continue the Commission’s
                                                  central coordination point of LNP                       performing queries would be distributed               efforts to align our regulations with the
                                                  activity. In this NPRM/NOI, we refer to                 between interexchange and originating                 trend toward all-distance voice services.
                                                  this system simply as the NPAC. The                     providers; and, moreover, that routing                Moreover, we recognize, the decline of
                                                  call is then routed to the appropriate                  performance would not be degraded by,                 the stand-alone long distance market
                                                  switch, which contains the information                  for instance, having a call routed to a               has limited the relevance and utility of
                                                  necessary to route the call to the correct              supposed terminating carrier, only for                certain equal access obligations for
                                                  customer. The N–1 query requirement,                    that carrier to perform a query and                   competitive providers and their
                                                  described below, is built into this                     discover that the number had been                     customers. In the 2015 USTelecom
                                                  process; NNP solutions that alter the                   ported and required further routing.                  Forbearance Order, the Commission
                                                  process would likely require altering or                Furthermore, industry stakeholders at                 forbore from the ‘‘application to
                                                  rescinding the N–1 requirement, lest it                 the time preferred the N–1 query                      incumbent LECs of all remaining equal
                                                  result in persistent routing                            requirement to having the originating                 access and dialing parity requirements
                                                  inefficiencies. Dialing parity                          service provider perform the query,                   for interexchange services, including
                                                  requirements are also implicated in the                 since doing so would require all carriers             those under section 251(g) and section
                                                                                                          across the country to implement number                251(b)(3) of the Act.’’ However, the
                                                  routing of calls to ported numbers, and
                                                                                                          portability simultaneously for it to                  Commission adopted a ‘‘grandfathering’’
                                                  their amendment may similarly
                                                                                                          work. However, given changing market                  condition allowing incumbent LEC
                                                  facilitate NNP, by allowing greater
                                                                                                          conditions, and even more so with NNP,                customers who were presubscribed to
                                                  choice on the part of local carriers to
                                                                                                          this system may need to be altered. As                third-party long distance services as of
                                                  decide how calls are routed.
                                                                                                          explained by ATIS, ‘‘[i]n an NNP                      the date of the 2015 USTelecom
                                                     14. N–1 Requirement. The N–1 query                   environment, a call could look like it is             Forbearance Order to retain certain
                                                  requirement mandates that the carrier                   interLATA but actually be intraLATA.                  equal access and dialing parity service.
                                                  immediately preceding the terminating                   In this case it could be more efficient for           Thus, unless the grandfathering
                                                  carrier (the N–1 carrier) be responsible                the originating carrier to know this, but             condition is applicable, toll dialing
                                                  for ensuring that the number portability                they may not be able to do this with the              parity requirements, preserved by
                                                  database is queried. Paragraph 73 of the                N–1 requirement.’’ Thus, changes to the               section 251(g), and the long distance
                                                  Second Number Portability Order is                      number portability system can affect the              (toll) dialing parity requirements of
                                                  included in the NANC’s                                  ability for a given carrier to know                   section 251(b)(3), no longer apply to
                                                  recommendations for LNP architecture                    whether or not it is in fact the N–1                  incumbent LEC provision of
                                                  and administration, and thus                            carrier, and the requirement would                    interexchange access services.
                                                  incorporated by reference into our                      actively introduce inefficiencies into the               18. Since the 2015 US Telecom
                                                  Rules. For instance, if a carrier is asked              routing system, in some cases resulting               Forbearance Order, only limited toll
                                                  to originate a telephone call to a number               in calls unnecessarily being rerouted                 dialing parity requirements remain.
                                                  that can be ported, it first determines                 multiple times, potentially increasing                Competitive local exchange carriers
                                                  whether or not the number requires                      traffic and costs for carriers, and delays            (competitive LECs) must still abide by
                                                  routing to an interexchange carrier. If so,             for consumers.                                        the long-distance dialing parity
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                                                  it routes the call to the interexchange                    16. Dialing Parity. Dialing parity                 requirements of section 251(b)(3). The
                                                  carrier, which then queries the NPAC,                   provisions were originally intended to                ATIS Report on NNP suggests that
                                                  sending it the digits of the dialed                     ensure that incumbent LECs provided                   interLATA call processing
                                                  telephone number. The database                          the same access to stand-alone long                   requirements, such as the interexchange
                                                  answers the query by providing an LRN.                  distance service providers as they did to             dialing parity requirements, may hinder
                                                  The interexchange provider then routes                  their own or their affiliates’ long                   certain proposals for NNP. Currently, an
                                                  the call to the terminating carrier’s                   distance offerings. This                              originating carrier determines whether
                                                  switch, which routes the call to the                    nondiscriminatory access to                           or not to hand a call to an interexchange
                                                  intended recipient. In this case, the                   interexchange carriers is part of the set             carrier based upon the dialed number.


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                                                  55974                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  However, if numbers can be ported on                    carrier, upon conducting the query, to                   23. The ATIS Report states that
                                                  a nationwide basis, the number might                    have to route the ported number back to               eliminating the N–1 query requirement
                                                  actually be in the same LATA, meaning                   the originating carrier’s LATA.                       does not require supplanting it with a
                                                  that transfer to an interexchange carrier                  21. Furthermore, the motivating                    new requirement that originating
                                                  of the customer’s choosing would result                 concerns that caused the NANC to                      carriers query the NPAC. According to
                                                  in persistently inefficient routing, with               recommend and the Commission to                       the Report, ‘‘[a] carrier could choose to
                                                  potentially concomitant delays and                      implement the N–1 requirement no                      query all calls on their originating
                                                  costs. Eliminating the remaining dialing                longer seem to apply. When it was first               network and route calls to the NNP
                                                  parity requirements may allow                           adopted, the N–1 requirement was                      numbers accordingly, or they could
                                                  originating carriers to avoid these                     favored over requiring originating                    choose to handle calls as they do today,
                                                  inefficiencies by increasing their                      carriers to perform the database query                i.e., if a call looks like it is interLATA,
                                                  choices. For instance, a carrier being                  because this latter solution would have               hand it off to the IXC and let the IXC
                                                  asked by a customer to originate a call                 required every local carrier across the               query the call.’’ As the ATIS Report
                                                  to a non-geographic telephone number                    country to adopt LNP simultaneously in                notes, it is important to ensure the call
                                                  might benefit from being able to handle                 a ‘‘flash-cut’’ manner for LNP to work,               is queried before it gets to the network
                                                  the call as it prefers, instead of abiding              requiring more complicated                            that is assigned the central office (CO)
                                                  by the constraints of the dialing parity                coordination of the LNP rollout.                      code, but not necessarily that the N–1
                                                  requirements.                                           Moreover, in an environment of many                   methodology be used. We seek comment
                                                                                                          competing interexchange carriers and                  on this perspective. Are there any
                                                  III. Notice of Proposed Rulemaking
                                                                                                          restrictions on incumbent LECs from                   benefits to the Commission requiring
                                                     19. We believe that NNP will level the                                                                     particular parties to perform the query,
                                                                                                          offering interexchange services,
                                                  playing field for many rural and                                                                              or are existing technical and market
                                                                                                          interexchange carriers ‘‘wanted to
                                                  regional carriers, who are disadvantaged                                                                      mechanisms (such as agreements and
                                                                                                          ensure that they were involved in this
                                                  by the difficulty or outright inability of                                                                    signaling between providers indicating
                                                                                                          important aspect of call processing.’’
                                                  consumers to port in to their networks.                                                                       query status) sufficient to ensure that
                                                                                                          Since LNP has by now been broadly and
                                                  Accordingly, we believe it is important                                                                       queries will be performed efficiently
                                                                                                          successfully adopted nationwide, and in
                                                  to begin forging the way towards NNP.                                                                         and by the parties best placed to do so?
                                                                                                          light of the changed competitive
                                                  Because we understand that achieving                                                                             24. We also seek comment on whether
                                                                                                          landscape, we anticipate that these
                                                  this goal without incurring significant                                                                       anticipated changes in routing and
                                                  practical harms or prohibitive costs will               concerns are no longer relevant.
                                                                                                                                                                queries might have other effects upon
                                                  require extensive work, collaboration,                     22. We therefore propose to eliminate              the public. For instance, how would
                                                  and support by all parties involved, we                 the N–1 query requirement, and we seek                these changes interact with public
                                                  propose taking an incremental approach                  comment on this proposal. What are the                safety, including the provision of
                                                  toward achieving NNP. As a first step to                benefits and drawbacks of removing the                emergency services, such as 911 or Next
                                                  accommodate the architectures of NNP                    requirement? Is eliminating the                       Generation 911 calls? Will eliminating
                                                  proposals and to reflect the evolving                   requirement necessary to, or will it                  the N–1 query requirement lead to any
                                                  marketplace, we propose to remove the                   facilitate, the implementation of non-                changes in the handling of emergency
                                                  N–1 query requirement. Further, based                   geographic location routing numbers or                calls, including their routing or the
                                                  on the ATIS Report and the marketplace                  other NNP proposals, as suggested by                  provision of necessary caller
                                                  findings in the 2015 USTelecom                          ATIS? Would removing the requirement                  information?
                                                  Forbearance Order, we propose to                        interfere with any aspects of the current
                                                  eliminate remaining interexchange                       routing or number portability querying                B. Proposed Elimination of Remaining
                                                  dialing parity requirements. Removing                   system, or any other aspect of the                    Interexchange Dialing Party
                                                  these regulations will thus help ensure                 network? For example, by proposing to                 Requirements
                                                  an efficient network that provides                      allow carriers flexibility in conducting                 25. In the 2015 USTelecom
                                                  consumers maximum flexibility in their                  NPAC queries, will there be                           Forbearance Order, the Commission
                                                  communications choices and a                            coordination issues among carriers or                 forbore from the dialing parity
                                                  competitive landscape for small and                     calls that are processed without a query?             provisions of sections 251(b)(3) and
                                                  rural providers.                                        What costs, if any, would be saved if we              251(g) only insofar as they applied to
                                                                                                          eliminated the N–1 query requirement?                 incumbent LECs in their provision of
                                                  A. Proposed Elimination of the N–1                      Did the N–1 requirement lead to                       interexchange access services. In this
                                                  Query Requirement                                       network routing inefficiencies and will               section, we (1) propose to extend that
                                                     20. We seek comment on whether the                   its elimination correct those                         forbearance to competitive LECs, (2)
                                                  N–1 query requirement impedes plans                     inefficiencies? Alternatively, will                   seek comment on extending forbearance
                                                  for NNP such as the non-geographic                      rescinding the requirement add to the                 to ‘‘grandfathered’’ customers who still
                                                  LNP proposal. As the ATIS Report                        costs of originating carriers, terminating            maintain accounts with stand-alone
                                                  notes, in an NNP environment, an                        carriers, or other parties, either in terms           long-distance providers, and (3) propose
                                                  originating carrier could not determine,                of performing more queries, or in terms               to eliminate the Commission’s rules that
                                                  without performing a query, whether a                   of requiring equipment upgrades? Are                  mandate interexchange dialing parity
                                                  dialed number required interexchange                    there transaction or other costs or harms             and other requirements associated with
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                                                  routing or not. This could lead to a                    associated with transitioning away from               it. We do not propose here to forbear
                                                  number of inefficiencies, such as a                     N–1 query? In the absence of the                      from other requirements of section 251,
                                                  scenario in which a number is ported                    requirement, would costs of the system                such as requirements for
                                                  from a distant location to the same                     be allocated appropriately? Would there               interconnection; resale; number
                                                  LATA as an originating caller. In such                  be any other benefits of eliminating the              portability; access to rights of way;
                                                  a scenario, the originating carrier,                    N–1 query requirement not predicated                  reciprocal compensation; or
                                                  believing the call to be long-distance,                 on a move to NNP? Interested                          nondiscriminatory access to telephone
                                                  would route the call to an interexchange                stakeholders should address these                     numbers, operator services, directory
                                                  carrier, only for the interexchange                     questions.                                            assistance services, directory listings,


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                                                                       Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules                                            55975

                                                  with no unreasonable dialing delays.                    critical to competition for over a decade,            implementation of the 2015 USTelecom
                                                  We anticipate that these changes will                   with declining demand for it from both                Forbearance Order, incumbent LECs
                                                  remove barriers to NNP and better                       mass-market and business customers.                   have not had to comply with the
                                                  reflect the competitive realities of                    Does the decrease in demand for stand-                interexchange dialing parity
                                                  today’s marketplace.                                    alone interexchange services reduce the               requirements of sections 251(b)(3) and
                                                                                                          likelihood that LECs will have unjust or              251(g). Will extending forbearance from
                                                  1. Proposed Forbearance From
                                                                                                          unreasonable charges, practices, or                   those requirements to competitive LECs
                                                  Interexchange Dialing Parity
                                                                                                          classifications, and does it suggest that             therefore ensure a level playing field
                                                  Requirements
                                                                                                          consumers no longer require protection                between incumbent and competitive
                                                     26. We propose to forbear from the                   from such practices? Does the increase                LECs? Will forbearance from these
                                                  dialing parity requirements of section                  in consumer choice obviate the need for               requirements help ensure a level and
                                                  251(b)(3) as they apply to interexchange                these protections?                                    competitive playing field for small,
                                                  services. The 2015 USTelecom                               28. We also seek comment on the                    rural, and regional carriers with respect
                                                  Forbearance Order removed these                         extent to which the interexchange                     to number portability? Will granting
                                                  constraints from incumbent LECs with                    dialing parity provisions affect any                  LECs more flexibility in choosing how
                                                  regard to interexchange access services,                competitive LECs in practice. Do these                calls are routed improve their
                                                  and we propose to extend that same                      provisions have substantial effects upon              competitive ability and offer consumers
                                                  forbearance to competitive LECs.                        the costs, practices, and behavior of                 access to greater number portability?
                                                  Section 10 of the Act states that the                   LECs currently? Are there any effects                 How else will the competitive landscape
                                                  Commission shall forbear from applying                  upon competitive LECs that                            be affected by this proposed
                                                  any regulation or provision of the Act if               significantly affect the market for local             forbearance?
                                                  it determines that: (1) Enforcement of                  service as a whole? For example, given                   31. Given the decreased need for these
                                                  such regulation or provision is not                     that competitive LECs serve a relatively              mandates, combined with the likelihood
                                                  necessary to ensure that the charges,                   small percentage of residential wireline              that they will impede the
                                                  practices, classifications, or regulations              voice accounts, do these provisions help              implementation of NNP, we propose to
                                                  by, for, or in connection with that                     a significant number of consumers or                  use our forbearance authority to
                                                  telecommunications carrier or                           competitors?                                          eliminate remaining interexchange
                                                  telecommunications service are just and                    29. Forbearance from the                           dialing parity requirements, which
                                                  reasonable and are not unjustly or                      interexchange dialing parity                          apply to competitive LECs. We seek
                                                  unreasonably discriminatory; (2)                        requirements would also appear to be in               comment on this proposal. What costs,
                                                  enforcement of such regulation or                       the public interest. ATIS notes that an               if any, do competitive LECs currently
                                                  provision is not necessary for the                      NNP regime, with all of the benefits to               bear due to these requirements? Are
                                                  protection of consumers; and (3)                        competition and consumers that come                   other providers of local voice service,
                                                  forbearance from applying such                          with it, would be facilitated by the                  such as interconnected VoIP providers,
                                                  provision or regulation is consistent                   elimination of interLATA call                         affected by the application of these
                                                  with the public interest. We seek                       processing requirements. The ATIS                     provisions, either to themselves or to
                                                  comment on whether forbearing from                      Report notes that carriers’ ability to                competitors? Do other stakeholders
                                                  the dialing parity requirements of                      efficiently route calls to non-geographic             benefit from relieving competitive LECs
                                                  section 251(b)(3) as they apply to                      LRNs could be hindered by the need to                 of these requirements, or are there other
                                                  interexchange services would meet the                   refer calls that look like interexchange              costs? Are there stakeholders whose
                                                  criteria of section 10.                                 calls to a third-party carrier, when the              position vis-à-vis competitive LECs
                                                     27. We believe that the remaining                    call would more efficiently have been                 today is significantly different from
                                                  interexchange dialing parity                            routed to a non-geographic transport                  their position vis-à-vis incumbent LECs
                                                  requirements for competitive LECs are                   provider or a non-geographic gateway. It              at the time of the 2015 USTelecom
                                                  no longer necessary in today’s all-                     is our understanding that forbearing                  Forbearance Order? Are there other
                                                  distance market to ensure that the                      from interexchange dialing parity would               aspects of section 251(b)(3), including
                                                  charges and practices of competitive                    enable originating carriers to better                 nondiscriminatory access to telephone
                                                  LECs are just and reasonable and are not                choose how to route their calls,                      numbers, operator services, directory
                                                  unjustly or unreasonably                                preventing inefficient network routing                assistance, and directory listing, that are
                                                  discriminatory, and are no longer                       that might otherwise result from various              relevant to stakeholders today? We do
                                                  necessary for the protection of                         NNP proposals. Do commenters agree?                   not here propose to forbear from
                                                  consumers. We further believe that the                  Can customers’ pre-subscribed                         requirements for interconnection, resale,
                                                  rationales behind the forbearance from                  interexchange carrier choices                         number portability, access to rights of
                                                  the interexchange dialing parity                        accommodate the proposed changes                      way, or reciprocal compensation. Would
                                                  requirements in the 2015 USTelecom                      without a loss of efficiency or undue                 any of these existing requirements be
                                                  Forbearance Order apply similarly to                    cost? Are there other effects upon the                affected by our proposed forbearance?
                                                  both incumbent and competitive LECs.                    public interest that might result from                Would forbearance from any of these
                                                  Do commenters agree? For instance, are                  our proposed forbearance from the                     provisions assist in or hinder the
                                                  commenters aware of substantial                         interexchange dialing parity                          implementation of NNP?
                                                  complaints stemming from our                            requirements for competitive LECs? For                   32. In the 2015 USTelecom
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                                                  forbearance from the interexchange                      instance, will there be any effects upon              Forbearance Order, we forbore from the
                                                  dialing parity requirements in the 2015                 911, Next Generation 911, or other                    all remaining equal access requirements,
                                                  USTelecom Forbearance Order? As                         aspects of emergency calling?                         including dialing parity, preserved in
                                                  described in the 2015 USTelecom                            30. Furthermore, section 10(b)                     section 251(g), with the exception of the
                                                  Forbearance Order, wireline customers                   requires that the Commission account                  grandfathering condition. We do not
                                                  today have more choices than they did                   for the effects of forbearance on                     believe the dialing parity requirements
                                                  in 1982 or 1996, including                              ensuring a competitive marketplace in                 preserved in section 251(g) apply to
                                                  interconnected VoIP services. Similarly,                making its public interest                            competitive LECs. We seek comment on
                                                  stand-alone long-distance has not been                  determination. Since the                              whether there are any dialing parity


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                                                  55976                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  requirements (applied via section                       number of such customers, and benefit                 or should the Commission defer until
                                                  251(g)) from which we must forbear. If                  they receive from use of stand-alone                  any technical solutions are in place?
                                                  there are any remaining dialing parity                  long-distance carriers, significant
                                                                                                                                                                IV. Notice of Inquiry
                                                  requirements, we propose to forbear                     enough to justify maintaining this
                                                  from those requirements and seek                        grandfathered status when weighed                       37. While we believe it is important
                                                  comment on such forbearance.                            against the burdens and costs it imposes              to move toward NNP, and invite
                                                                                                          on LECs? Would eliminating the                        comment above on steps that would lay
                                                  2. Seeking Comment on Extending                                                                               the groundwork for doing so, we also
                                                                                                          grandfathering and extending this
                                                  Forbearance From Interexchange Dialing                                                                        seek input on how best to implement
                                                                                                          forbearance to them meet the criteria of
                                                  Parity Rules to Customers With Pre-                                                                           NNP, as well as its potential impacts on
                                                                                                          section 10?
                                                  Existing Stand-Alone Long-Distance                                                                            consumers and carriers. We therefore
                                                  Carriers                                                3. Proposing Elimination of Toll Dialing              seek comment in this NOI on a variety
                                                     33. We also seek comment on the                      Parity Rules                                          of issues related to the deployment of
                                                  continuing need to preserve the choices                    35. Because we propose to forbear                  NNP. We also note that while the focus
                                                  of existing customers who are                           from the long-distance dialing parity                 of this NOI is to seek perspectives on
                                                  presubscribed to stand-alone long-                      provisions of section 251(b)(3), for both             the most feasible way to implement
                                                  distance services, whose choices were                   incumbent and competitive LECs, we                    NNP, the goals of this proceeding could
                                                  grandfathered in the 2015 USTelecom                     propose to eliminate the rules                        also be facilitated by larger changes to
                                                  Forbearance Order. Will LECs serving                    implementing those requirements. We                   the current system of numbering
                                                  these customers be hindered from                        believe that sections 51.209 (‘‘Toll                  administration. To that end, we also
                                                  implementing NNP if these                               dialing parity’’), 51.213 (‘‘Toll dialing             seek comment on how number
                                                  grandfathered customers continue to fall                parity implementation plans’’), and                   administration might be improved to
                                                  outside of the scope of forbearance?                    51.215 (‘‘Dialing parity; Cost recovery’’             realize more efficient technical,
                                                  What costs would LECs or other carriers                 for toll dialing parity), serve only to               operational, administrative, and legal
                                                  face in implementing NNP with or                        implement the provisions of section                   processes.
                                                  without the preservation of these                       251(b)(3) relating to toll dialing parity,
                                                  choices? How many people still                          and thus should be eliminated if our                  A. Scope of Inquiry
                                                  purchase long-distance calling from                     proposed forbearances are to be effective               38. The ATIS Report and the NANC
                                                  stand-alone long-distance carriers? Will                in facilitating the development of NNP.               Report focus on NNP across wireline
                                                  these subscribers face any additional                   We also propose modifying section                     and wireless telecommunications
                                                  costs, burdens, or harms if we forbear                  51.205 (‘‘Dialing parity: General’’) to               services. Early efforts on this issue,
                                                  from interexchange dialing parity rules?                omit references to toll dialing parity. We            however, focused merely on ensuring
                                                  We seek estimates that quantify the cost                seek comment on this proposal. Do                     that wireless customers can retain their
                                                  of adjustment that such subscribers                     these rule provisions serve any purpose               numbers when porting to other wireless
                                                  might face. Do interexchange carriers                   or implement any other portions of the                carriers that lack a nationwide service
                                                  place material competitive pressure on                  Act other than section 251(b)(3)? Are                 area. We believe broader, intermodal
                                                  LECs, and if so, what consumer benefit                  there any other rules whose only                      NNP efforts will benefit consumers and
                                                  would be lost if we forbear as discussed                purpose is to implement toll dialing                  competition, as well as potentially allow
                                                  herein? Are there additional benefits to                parity requirements? Are there any                    for useful reforms of the numbering
                                                  retaining current grandfathered                         interests beyond those articulated in the             system, and we explore means of
                                                  subscribers? In the 2015 USTelecom                      Act’s dialing parity provisions that                  achieving this goal below.
                                                  Forbearance Order, we found that a                      require these rules? How are these                      39. While our goal is to ensure broad,
                                                  significant number of retail customers                  considerations affected by the retention              intermodal NNP, are there any benefits
                                                  still presubscribed to a stand-alone long-              or elimination of grandfathered                       to a gradual implementation of NNP? Is
                                                  distance carrier, and that the public                   customer relationships with                           such a partial deployment technically
                                                  interest and protection of consumers                    presubscribed interexchange carriers?                 feasible? For instance, would it be
                                                  required limiting the forbearance of                    Will the elimination of these rules have              possible for NNP to first be
                                                  equal access and dialing parity rules for               any effect upon slamming? For example,                implemented for a particular subset of
                                                  these customers. We seek comment on                     can elimination of these rules reduce                 entities using numbering resources
                                                  whether or not extending this                           the mechanisms by which unscrupulous                  (such as wireless providers) before
                                                  forbearance would meet the criteria of                  entities slam consumers? Conversely,                  applying it to all entities? What
                                                  section 10.                                             are there useful consumer protections                 advantages and disadvantages are there
                                                     34. We seek comment on whether the                   against slamming in these rules that are              to a partial implementation of NNP?
                                                  rationales for the grandfathering in the                not effectively implemented elsewhere?
                                                  2015 USTelecom Forbearance Order                           36. We seek comment on whether                     B. NNP Alternatives Identified in the
                                                  still apply. Have conditions                            there are other rules that should be                  ATIS Report
                                                  significantly changed since 2015? We                    rescinded or modified to promote NNP.                   40. We seek comment on four of the
                                                  seek comment on the present number of                   Should we consider forbearing from any                specific models of NNP outlined by
                                                  retail customers in the United States                   other statutory provisions to allow the               ATIS in its report: (1) Nationwide
                                                  who presubscribe to stand-alone long-                   benefits of NNP to competition and                    implementation of LRNs; (2) non-
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                                                  distance carriers. Would extending                      consumers? We also seek comment on                    Geographic LRNs (NGLRNs); (3)
                                                  forbearance to these customers affect the               the interplay of the proposed                         commercial agreements; and (4)
                                                  costs they bear, considering the                        forbearance and rule changes discussed                iconectiv’s GR–2982–CORE
                                                  competition for all-distance packages?                  in the NPRM with the technical                        specification. Are any of the models
                                                  Are there any harms to customers                        solutions discussed below in the NOI.                 preferable to others in terms of
                                                  affected by the 2015 USTelecom                          Specifically, to make NNP workable,                   feasibility, cost, and adaptability to
                                                  Forbearance Order that suggest that we                  should any forbearance and rule                       changing markets and technologies?
                                                  should retain the forbearance for                       changes happen first, in advance of                   Have ATIS and the NANC adequately
                                                  grandfathered customers? Are the                        implementing any technical solutions,                 considered the potential costs, benefits,


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                                                                       Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules                                           55977

                                                  and barriers to implementation of each                  additional changes necessary? We seek                 implicated with interstate porting. We
                                                  of these proposals? More generally, we                  comment on these issues.                              seek comment on what issues may arise
                                                  seek evidence quantifying the benefit                      43. The national LRN proposal also                 and how they may be resolved. Can
                                                  consumers would gain from being able                    implicates several non-routing issues.                existing systems and agreements in
                                                  to keep their number whenever they                      Industry processes, including the                     bordering states serve as models for
                                                  move outside a rate center and,                         handling of call detail records,                      interstate cooperation?
                                                  alternatively, whether NNP would                        subscriber billing, and caller ID, will be               48. How will consumer experiences
                                                  impose costs that outweigh those                        impacted. We also anticipate that tariffs,            be affected by a national LRN system?
                                                  benefits as phone numbers increasingly                  toll free database processing, enhanced               Would calls to numbers ported outside
                                                  become less informative about the                       911 processes, and other systems that                 of a specific rate center have completion
                                                  dialed party’s location. We also                        rely upon the relationship between a                  issues? Consumers would also need to
                                                  anticipate that NNP will have beneficial                telephone number and its rate center/                 be informed about any effects upon rates
                                                  competitive effects, by allowing small,                 LATA will likely be affected. What                    and billing, if they subscribe to a
                                                  rural, and regional carriers to compete                 systems will be affected, and to what                 geographically-based rate plan keyed to
                                                  more effectively with larger, nationwide                extent? We seek comment from                          their rate center or LATA. How might
                                                  providers. We seek comment on this                      providers, end users, and other                       this be done? Some consumers use
                                                  perspective. We also seek comment on                    stakeholders on what dependencies                     software that blocks calls which incur
                                                  other effects that these NNP proposals                  exist that would require changes, as                  tolls, based upon the number’s NPA–
                                                  might have upon small carriers,                         well as how changes brought about by                  NXX. How will such programs be
                                                  including precisely what costs they                     national LRN can improve existing                     affected, and how can they be adapted,
                                                  might impose upon them, and how. We                     systems.                                              if necessary, to accommodate a national
                                                  also seek comment on the impacts these                     44. The ATIS Report anticipates that               LRN system? What effects will there be
                                                  various alternatives pose to routing calls              a porting-in service provider may not                 on caller ID?
                                                  to ported telephone numbers. To the                     have a presence in the ported-out area.
                                                                                                                                                                   49. Certain services are set up with
                                                  extent that commenters believe that                     While such situations currently exist
                                                                                                                                                                restrictions on toll free calling based on
                                                  other NNP proposals, in addition to                     and are generally handled by
                                                                                                                                                                the calling party’s location. A customer
                                                  those outlined below, are promising                     agreements between providers, many
                                                                                                                                                                who ports his number to a new location
                                                  solutions for NNP, we seek comment on                   more such situations are likely to arise
                                                                                                                                                                might therefore have problems calling
                                                  those proposals and their potential                     in a national LRN environment. What
                                                                                                                                                                the same toll-free number. We seek
                                                  implications.                                           effects will this increase in demand
                                                                                                                                                                comment on the effects on toll free
                                                                                                          have?
                                                     41. National LRN. One conceptually                      45. Local systems, including Local                 calling and potential implications of
                                                  simple way of implementing NNP                          Service Management Systems (LSMS)                     national LRN.
                                                  would be to allow a ported number to                    and Service Order Administration                         50. Non-Geographic LRN (NGLRN).
                                                  be associated with any LRN. Instead of                  (SOA), will also be affected by a                     Another mechanism to allow NNP is to
                                                  limiting the geographic area within                     national LRN system. Current systems                  designate a new area code unaffiliated
                                                  which the number can be ported, the                     may rely in part upon an assumed                      with any particular location. This non-
                                                  system could associate it with an LRN                   structure whereby numbers are only                    geographic area code would be the area
                                                  associated with any location in the                     ported within LATAs or NPAC regions;                  code for NGLRNs. Under an NGLRN
                                                  country. Although this approach allows                  an LRN can only be associated with a                  system, ported numbers are associated
                                                  many existing systems and processes to                  single NPAC region; or a ported                       with an NGLRN, instead of an LRN
                                                  be used, it also requires changes to                    telephone number record can only exist                associated with the new location. When
                                                  NPAC rules, may complicate other                        in one NPAC region. We seek comment                   a service provider queries the NPAC and
                                                  routing and critical processes, and may                 on what dependencies exist based on                   receives an NGLRN, the call is then
                                                  require many carriers to upgrade or                     these assumptions, and how they might                 routed to a non-geographic gateway
                                                  replace existing equipment. The NGNP                    be resolved.                                          (NGGW) that resides on an IP network
                                                  subcommittee found that such an                            46. What is necessary to ensure that               and routes the call appropriately. This
                                                  approach would require the NPAC to                      a national LRN system is compatible                   system can also support the creation of
                                                  relax existing LRN changes to allow any                 with the variation in dialing plans                   non-geographic telephone numbers. An
                                                  LRN to be added to any NPAC region                      across the country? Different customers               NGLRN solution would support both
                                                  (there are eight NPAC regions—one in                    have different requirements when                      wireline and wireless NNP. It also
                                                  Canada and seven in the United States).                 dialing—some need only dial seven                     allows many existing processes to
                                                  In addition, it might require carriers to               digits of a local number; others must                 continue working, but as noted by ATIS
                                                  accept downloads from all NPAC                          dial ten digits, others must dial 1 and               and the NGNP subcommittee, it requires
                                                  regions, or keep port records in the                    ten digits. Is nationwide consistency                 the creation and setup of the non-
                                                  region that is servicing the ported                     required for national LRN                             geographic area code, NGLRNS,
                                                  telephone number.                                       compatibility?                                        NGGWs, and likely changes to certain
                                                     42. National LRN may require                            47. What effects will a national LRN               regulations, including the N–1 query
                                                  carriers’ existing switches to handle                   system have on state regulators and                   requirement.
                                                  more numbering plan areas, since a                      systems? Porting numbers across state                    51. The ATIS Report anticipates that
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                                                  given switch may have to accommodate                    lines raises questions of existing state              aspects of interLATA call processing
                                                  telephone numbers being ported in from                  regulatory authority, and policy,                     requirements, such as the dialing parity
                                                  a wider range of original areas. National               including numbering resource                          provisions, may interfere with an
                                                  LRN likely also requires changes to                     management. For example, would NNP                    NGLRN system. Likewise, the ATIS
                                                  number portability rules. We have                       affect state regulatory commission                    Report suggests that the N–1 query
                                                  proposed eliminating the N–1 query                      processes for reviewing tariffs, handling             requirement could create problems. Are
                                                  requirement and remaining                               customer complaints, and ensuring                     these concerns adequately dealt with by
                                                  interexchange dialing parity                            public safety? Provider responsibilities,             our proposed forbearance from these
                                                  requirements in the NPRM above. Are                     obligations, and liabilities may also be              rules as discussed above?


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                                                  55978                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                     52. To route calls to non-geographic                 virtue of the calling telephone number,               service order administrations and local
                                                  telephone numbers, carriers will need to                but rather from databases such as the                 service management systems across the
                                                  access relevant routing information and                 Master Service Address Guide (MSAG)                   industry.
                                                  route to NGGWs. Carriers that cannot                    or the emergency service number that                     59. Do commenters agree with the
                                                  route to NGGWs will need to route calls                 has been assigned to the cell site. Will              NGNP subcommittee’s assessments? Are
                                                  to a carrier that can, possibly requiring               systems that depend on pseudo-                        there other issues or factors we should
                                                  agreements with non-geographic                          Automatic Number Identification (p-                   take into consideration in exploring the
                                                  transport providers. What policies are                  ANI), in use for wireless and VoIP calls,             various approaches? How should the
                                                  necessary to ensure continued and                       be appropriate for other non-geographic               subcommittee’s assessments affect any
                                                  reliable call routing in an NGLRN                       calls?                                                future action on these solutions?
                                                  system? What criteria should be                            56. Commercial Agreements. One                        60. The ATIS Report suggests that this
                                                  required for NGGWs? The ATIS Report                     proposed solution for wireless carriers               solution may require the NPAC to relax
                                                  recommends that an industry-led body                    uses a third party entity that would                  existing LRN changes; that porting data
                                                  create a certification process. What                    install points of interconnection in                  may need to change to include GUBB
                                                  bodies are best placed to conduct such                  various LATAs, using its own network                  information; and that these changes may
                                                  certification, and what oversight should                as a way to route interLATA calls to                  impact all switches and number
                                                  they have to ensure effectiveness,                      ported numbers. This proposal requires                portability databases, as well as many
                                                  efficiency, transparency, and                           significant evaluation of LRN                         SOAs and LSMS systems. What do these
                                                  competition? We also seek comment on                    assignments in addition to the nature,                effects suggest for the viability of this
                                                  criteria for NGGWs, such as                             categorization, and operation of the                  solution currently? What is the likely
                                                  interconnection requirements. The ATIS                  third party. The NGNP subcommittee                    timing for this option?
                                                  Report recommends that carriers not be                  found that the commercial agreement
                                                                                                                                                                C. Necessary Changes and Challenges to
                                                  required to provide NGGW service or                     solution was the only one that could be
                                                                                                                                                                Achieving NNP
                                                  NNP service and that the only                           supported without significant changes
                                                  requirement be that carriers have the                   or impacts to NPAC or service provider                  61. Apart from the implications raised
                                                  ability to route calls to NGLRNs.                       systems.                                              by each specific proposal outlined by
                                                  Furthermore, ATIS suggests that carriers                   57. In a commercial agreement                      ATIS and the NANC, most, if not all,
                                                  that do choose to provide NGGW do so                    solution, what entities would act as the              NNP proposals will have consequences
                                                  ‘‘for their own customers only.’’ We                    third-party network, and what abilities               for a variety of other aspects of the
                                                  seek comment on this recommendation.                    and obligations would they need to have               network. We seek comment on these
                                                  Relatedly, the NGLRN system is                          for effective and competitive operation?              implications in the specific areas below.
                                                  designed such that carriers are not                     What would such a system require with                   62. Routing and Interconnection. Are
                                                  required to implement NNP. What                         respect to LRN assignments? Would                     there NNP solutions that can improve
                                                  would be an appropriate timeline for                    such a proposal provide a pathway for                 the efficiency of existing routing
                                                  NNP adoption, if any?                                   wireline and intermodal NNP?                          systems? Conversely, are there NNP
                                                     53. What characteristics should any                     58. GR–2982–CORE. iconectiv’s GR–                  proposals that burden or render
                                                  non-geographic area code have? Should                   2982–CORE specification details                       inefficient particular systems or
                                                  it be easily recognizable? Should                       another NNP system called Portability                 industry databases? Can such systems
                                                  various non-geographic area codes                       Outside the Rate Center (PORC). PORC                  and databases be modified, improved, or
                                                  resemble each other for ease of                         calls for dividing the country into small,            obviated with NNP solutions?
                                                  recognition? How should the system                      non-overlapping geographic blocks                       63. Public Safety. We seek comment
                                                  address integration with other NANP                     called Geographic Unit Building Blocks                on the effects that NNP might have upon
                                                  countries? What impact would                            (GUBBs). Each GUBB is represented by                  public safety, including users’ ability to
                                                  assignment and use of a non-geographic                  a telephone number-like identifier, and               use 911 in the knowledge that their calls
                                                  area code or codes within the NANP                      acts as the vehicle for the recipient                 will be routed appropriately, and that
                                                  have on number exhaust in the United                    switch to identify the geographic                     Public Safety Answering Points (PSAP)
                                                  States and other NANP countries? We                     location of the end user receiving the                will receive accurate callback and
                                                  also seek comment on whether a single                   call. A call to a ported telephone                    location information. Can an NNP
                                                  non-geographic area code will scale for                 number will be routed using an LRN, as                system provide this information? To the
                                                  the total set of NGLRNs. Will a single                  it is today, with the difference that the             extent that existing systems lack the
                                                  non-geographic area code be sufficient                  GUBB is used for carrier selection and                ability to provide this information in
                                                  for the future?                                         rating purposes. This includes changes                various NNP scenarios, are there
                                                     54. The ATIS Report also raises                      in how the caller is billed, and may                  modifications, adaptations, or
                                                  several specific questions with regard to               include the need to alter porting data                workarounds that can supply it?
                                                  administration of non-geographic                        and NPAC policies and procedures. GR–                   64. For instance, how can proposed
                                                  resources with an NGLRN system. The                     2982–CORE also recognizes that                        NNP solutions work with legacy
                                                  ATIS Report notes that certain current                  participating carriers must have                      systems that rely upon ANI to report the
                                                  systems can be simplified with the                      compatible switches, depending upon                   location of users calling 911? Are
                                                  adoption of non-geographic codes, such                  their role in the call flow. The NGNP                 enhanced or next generation 911
                                                  as combining the processes of number                    subcommittee found that this proposal                 services affected by the proposals? The
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                                                  allocation and porting, or allowing                     might require the NPAC to relax LRN                   ATIS Report details several number
                                                  distributed registries to handle                        changes, and may impact porting data if               portability issues affecting emergency
                                                  processes currently managed by a single                 systems need to transmit additional                   calls, and we seek comment on their
                                                  authoritative registry. We seek comment                 routing data about the newly-created                  resolution.
                                                  on the potential for such reforms, and                  geographic building blocks of the                       65. The ATIS Report similarly notes
                                                  their integration with existing systems                 system. The NGNP subcommittee also                    potential effects of NNP proposals on
                                                  and authorities.                                        reports that changes to the porting                   the use of national security and
                                                     55. With an NGLRN system, a call to                  records would impact all switches and                 emergency preparedness systems like
                                                  911 does not indicate its location by                   number portability databases and many                 Emergency Telecommunications Service


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                                                                       Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules                                            55979

                                                  (ETS), including the Government                         these existing systems. If we                         VI. Initial Regulatory Flexibility
                                                  Emergency Telecommunication Service                     significantly simplify the assignment                 Analysis
                                                  (GETS) and the Priority Access Service                  and porting of numbers, would these                      71. As required by the Regulatory
                                                  (PAS), which provide priority calling for               changes require modifications to the                  Flexibility Act of 1980, as amended
                                                  emergency telecommunications. What                      current systems? Would it be possible,                (RFA), the Commission has prepared
                                                  are the effects of the various proposals                and beneficial, to allow multiple entities            this Initial Regulatory Flexibility
                                                  on the ability of ETS calls to be                       to provide competitive numbering                      Analysis (IRFA) of the possible
                                                  prioritized? Are there beneficial or                    administration services? Are there other              significant economic impact on small
                                                  deleterious effects on the network                      systems of addressing what can serve as               entities by the policies and rules
                                                  capacity, routing, or signaling of ETS?                                                                       proposed in this Notice of Proposed
                                                                                                          models for an evolving and increasingly
                                                     66. Access by Individuals with                                                                             Rulemaking (NPRM). The Commission
                                                  Disabilities. We seek comment on how                    IP-based network?
                                                                                                                                                                requests written public comments on
                                                  NNP implementations might affect                        V. Legal Authority                                    this IRFA. Comments must be identified
                                                  access to communications services by                                                                          as responses to the IRFA and must be
                                                  individuals with disabilities. Can                         69. As noted above, section 251(e)(1)
                                                                                                                                                                filed by the deadlines for comments
                                                  increased intermodal and geographic                     of the Act gives the Commission
                                                                                                                                                                provided on the first page of the NPRM.
                                                  porting provide increased access to                     ‘‘exclusive jurisdiction over those                   The Commission will send a copy of the
                                                  communications networks by                              portions of the North American                        NPRM, including this IRFA, to the Chief
                                                  individuals using assistive                             Numbering Plan that pertain to the                    Counsel for Advocacy of the Small
                                                  technologies? The Commission has                        United States’’ and provides that                     Business Administration (SBA). In
                                                  permitted video relay service (VRS) and                 numbers must be made ‘‘available on an                addition, the NPRM and IRFA (or
                                                  IP Relay users to register and obtain 10-               equitable basis.’’ The Commission                     summaries thereof) will be published in
                                                  digit geographic numbers, allowing                      retains ‘‘authority to set policy with                the Federal Register.
                                                  users to be reached through a single                    respect to all facets of numbering
                                                  number that will automatically connect                                                                        A. Need for, and Objectives of, the
                                                                                                          administration in the United States.’’
                                                  to the registered user’s primary VRS or                                                                       Proposed Rules
                                                                                                          The Commission has promulgated local
                                                  IP Relay provider and allow the                                                                                 72. In this NPRM, we propose changes
                                                                                                          number portability rules to satisfy these
                                                  provider to determine the user’s IP                                                                           to, and seek comment on, our rules on
                                                  address for the purpose of delivering                   congressional mandates, and the
                                                                                                          proposed actions in this NPRM are                     Local Number Portability
                                                  incoming calls made to that number.                                                                           Administration, and Nationwide
                                                  The Commission also adopted                             intended to further and better satisfy
                                                                                                                                                                Number Portability (NNP). In the
                                                  requirements allowing VRS and IP Relay                  these mandates. We seek comment on
                                                                                                                                                                NPRM, the Commission proposes to
                                                  users to have both their 10-digit number                this assessment.
                                                                                                                                                                rescind the N–1 query requirement.
                                                  and registered location information                        70. Moreover, section 10 of the Act                Further, based on the ATIS Report and
                                                  forwarded to the appropriate PSAP. We                   states that the Commission shall forbear              the marketplace findings in the 2015
                                                  seek comment on how any NNP                             from applying any regulation or                       USTelecom Forbearance Order, we
                                                  implementations might benefit these                     provision of the Act if it determines                 propose to eliminate remaining
                                                  services, equivalent services, or any                   that: (1) Enforcement of such regulation              interexchange dialing parity
                                                  other services that serve individuals                   or provision is not necessary to ensure               requirements. The objectives of the
                                                  with hearing and speech disabilities.                   that the charges, practices,                          proposed modifications are to remove
                                                  Can widespread NNP adoption promote                                                                           impediments to NNP.
                                                                                                          classifications, or regulations by, for, or
                                                  technologies and systems that allow for
                                                                                                          in connection with that                               B. Legal Basis
                                                  more efficient or user-friendly ways to
                                                  achieve these, or better, effects? What                 telecommunications carrier or
                                                                                                                                                                  73. The legal basis for any action that
                                                  steps would be necessary to ensure that                 telecommunications service are just and
                                                                                                                                                                may be taken pursuant to this NPRM is
                                                  access to communications services for                   reasonable and are not unjustly or                    contained in sections 1, 4(i), 10, 201(b),
                                                  Americans with disabilities continues to                unreasonably discriminatory; (2)                      and 251(e)(1) of the Communications
                                                  be robust and secure in an NNP                          enforcement of such regulation or                     Act of 1934, as amended, 47 U.S.C. 151,
                                                  scenario, such as if numbers are                        provision is not necessary for the                    154(i), 160, 201(b), and 251(e)(1).
                                                  assigned without regard to geography?                   protection of consumers; and (3)
                                                     67. Tariffs and Intercarrier                         forbearance from applying such                        C. Description and Estimate of the
                                                  Compensation. We also seek comment                      provision or regulation is consistent                 Number of Small Entities to Which the
                                                  on the various ways that NNP could                      with the public interest. We believe that             Proposed Rules Will Apply
                                                  affect carriers’ pricing issues. How will               our proposals discussed here satisfy                     74. The RFA directs agencies to
                                                  proposed NNP implementations affect                     these criteria as the remaining                       provide a description of, and where
                                                  existing carrier tariffs? What are the                  interexchange dialing parity                          feasible, an estimate of the number of
                                                  ways in which various NNP proposals                     requirements for competitive LECs are                 small entities that may be affected by
                                                  may alter the existing system of                        no longer necessary in today’s all                    the proposed rules and by the rule
                                                  intercarrier compensation? Are there                    distance market to ensure that the                    revisions on which the NPRM seeks
                                                  systems that can support or encourage a                                                                       comment, if adopted. The RFA generally
                                                                                                          charges and practices of competitive
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                                                  bill-and-keep system? What costs and                                                                          defines the term ‘‘small entity’’ as
                                                                                                          LECs are just and reasonable and are not
                                                  benefits would such systems generate?                                                                         having the same meaning as the terms
                                                                                                          unjustly or unreasonably                              ‘‘small business,’’ ‘‘small organization,’’
                                                  D. Number Administration                                discriminatory, and are no longer                     and ‘‘small governmental jurisdiction.’’
                                                    68. We also seek comment on how                       necessary for the protection of                       In addition, the term ‘‘small business’’
                                                  changes to our current methods of                       consumers. We seek comment on our                     has the same meaning as the term
                                                  numbering plan, number pooling, and                     forbearance analysis, as well as any                  ‘‘small-business concern’’ under the
                                                  number portability administration might                 other issues pertinent to our legal                   Small Business Act. A ‘‘small-business
                                                  facilitate NNP, or how NNP might affect                 authority to facilitate NNP.                          concern’’ is one which: (1) Is


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                                                  55980                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  independently owned and operated; (2)                   operate are included in this industry.’’              firms operated during that year. Of that
                                                  is not dominant in its field of operation;              The SBA has developed a small                         number, 3,083 operated with fewer than
                                                  and (3) satisfies any additional criteria               business size standard for Wired                      1,000 employees. Based on this data, the
                                                  established by the SBA.                                 Telecommunications Carriers, which                    Commission concludes that the majority
                                                     75. Small Businesses, Small                          consists of all such companies having                 of Competitive LECS, CAPs, Shared-
                                                  Organizations, Small Governmental                       1,500 or fewer employees. Census data                 Tenant Service Providers, and Other
                                                  Jurisdictions. Our actions, over time,                  for 2012 show that there were 3,117                   Local Service Providers, are small
                                                  may affect small entities that are not                  firms that operated that year. Of this                entities. According to Commission data,
                                                  easily categorized at present. We                       total, 3,083 operated with fewer than                 1,442 carriers reported that they were
                                                  therefore describe here, at the outset,                 1,000 employees. Thus, under this size                engaged in the provision of either
                                                  three comprehensive small entity size                   standard, the majority of firms in this               competitive local exchange services or
                                                  standards that could be directly affected               industry can be considered small.                     competitive access provider services. Of
                                                  herein. First, while there are industry                    77. Local Exchange Carriers (LECs).                these 1,442 carriers, an estimated 1,256
                                                  specific size standards for small                       Neither the Commission nor the SBA                    have 1,500 or fewer employees. In
                                                  businesses that are used in the                         has developed a size standard for small               addition, 17 carriers have reported that
                                                  regulatory flexibility analysis, according              businesses specifically applicable to                 they are Shared-Tenant Service
                                                  to data from the SBA’s Office of                        local exchange services. The closest                  Providers, and all 17 are estimated to
                                                  Advocacy, in general a small business is                applicable NAICS Code category is                     have 1,500 or fewer employees. Also, 72
                                                  an independent business having fewer                    Wired Telecommunications Carriers as                  carriers have reported that they are
                                                  than 500 employees. These types of                      defined above. Under the applicable                   Other Local Service Providers. Of this
                                                  small businesses represent 99.9% of all                 SBA size standard, such a business is                 total, 70 have 1,500 or fewer employees.
                                                  businesses in the United States which                   small if it has 1,500 or fewer employees.             Consequently, based on internally
                                                  translates to 28.8 million businesses.                  According to Commission data, census                  researched FCC data, the Commission
                                                  Next, the type of small entity described                data for 2012 shows that there were                   estimates that most providers of
                                                  as a ‘‘small organization’’ is generally                3,117 firms that operated that year. Of               competitive local exchange service,
                                                  ‘‘any not-for-profit enterprise which is                this total, 3,083 operated with fewer                 competitive access providers, Shared-
                                                  independently owned and operated and                    than 1,000 employees. The Commission                  Tenant Service Providers, and Other
                                                  is not dominant in its field.’’                         therefore estimates that most providers               Local Service Providers are small
                                                  Nationwide, as of 2007, there were                      of local exchange carrier service are                 entities.
                                                  approximately 1,621,215 small                           small entities that may be affected by                   80. We have included small
                                                  organizations. Finally, the small entity                the rules adopted.                                    incumbent LECs in this present RFA
                                                  described as a ‘‘small governmental                        78. Incumbent LECs. Neither the                    analysis. As noted above, a ‘‘small
                                                  jurisdiction’’ is defined generally as                  Commission nor the SBA has developed                  business’’ under the RFA is one that,
                                                  ‘‘governments of cities, towns,                         a small business size standard                        inter alia, meets the pertinent small
                                                  townships, villages, school districts, or               specifically for incumbent local                      business size standard (e.g., a telephone
                                                  special districts, with a population of                 exchange services. The closest                        communications business having 1,500
                                                  less than fifty thousand.’’ U.S. Census                 applicable NAICS Code category is                     or fewer employees), and ‘‘is not
                                                  Bureau data published in 2012 indicate                  Wired Telecommunications Carriers as                  dominant in its field of operation.’’ The
                                                  that there were 89,476 local                            defined above. Under that size standard,              SBA’s Office of Advocacy contends that,
                                                  governmental jurisdictions in the                       such a business is small if it has 1,500              for RFA purposes, small incumbent
                                                  United States. We estimate that, of this                or fewer employees. According to                      LECs are not dominant in their field of
                                                  total, as many as 88,761 entities may                   Commission data, 3,117 firms operated                 operation because any such dominance
                                                  qualify as ‘‘small governmental                         in that year. Of this total, 3,083 operated           is not ‘‘national’’ in scope. We have
                                                  jurisdictions.’’ Thus, we estimate that                 with fewer than 1,000 employees.                      therefore included small incumbent
                                                  most governmental jurisdictions are                     Consequently, the Commission                          LECs in this RFA analysis, although we
                                                  small.                                                  estimates that most providers of                      emphasize that this RFA action has no
                                                     76. Wired Telecommunications                         incumbent local exchange service are                  effect on Commission analyses and
                                                  Carriers. The U.S. Census Bureau                        small businesses that may be affected by              determinations in other, non-RFA
                                                  defines this industry as ‘‘establishments               the rules and policies adopted. Three                 contexts.
                                                  primarily engaged in operating and/or                   hundred and seven (307) Incumbent                        81. Interexchange Carriers (IXCs).
                                                  providing access to transmission                        Local Exchange Carriers reported that                 Neither the Commission nor the SBA
                                                  facilities and infrastructure that they                 they were incumbent local exchange                    has developed a definition for
                                                  own and/or lease for the transmission of                service providers. Of this total, an                  Interexchange Carriers. The closest
                                                  voice, data, text, sound, and video using               estimated 1,006 have 1,500 or fewer                   NAICS Code category is Wired
                                                  wired communications networks.                          employees.                                            Telecommunications Carriers as defined
                                                  Transmission facilities may be based on                    79. Competitive Local Exchange                     above. The applicable size standard
                                                  a single technology or a combination of                 Carriers (Competitive LECs),                          under SBA rules is that such a business
                                                  technologies. Establishments in this                    Competitive Access Providers (CAPs),                  is small if it has 1,500 or fewer
                                                  industry use the wired                                  Shared-Tenant Service Providers, and                  employees. U.S. Census data for 2012
                                                  telecommunications network facilities                   Other Local Service Providers. Neither                indicates that 3,117 firms operated
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                                                  that they operate to provide a variety of               the Commission nor the SBA has                        during that year. Of that number, 3,083
                                                  services, such as wired telephony                       developed a small business size                       operated with fewer than 1,000
                                                  services, including VoIP services, wired                standard specifically for these service               employees. According to internally
                                                  (cable) audio and video programming                     providers. The appropriate NAICS Code                 developed Commission data, 359
                                                  distribution, and wired broadband                       category is Wired Telecommunications                  companies reported that their primary
                                                  internet services. By exception,                        Carriers, as defined above. Under that                telecommunications service activity was
                                                  establishments providing satellite                      size standard, such a business is small               the provision of interexchange services.
                                                  television distribution services using                  if it has 1,500 or fewer employees. U.S.              Of this total, an estimated 317 have
                                                  facilities and infrastructure that they                 Census data for 2012 indicate that 3,117              1,500 or fewer employees.


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                                                                       Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules                                           55981

                                                  Consequently, the Commission                            estimates that the majority of toll                   entire year. Of this total, 955 firms had
                                                  estimates that the majority of IXCs are                 resellers are small entities.                         employment of 999 or fewer employees
                                                  small entities that may be affected by                     84. Other Toll Carriers. Neither the               and 12 had employment of 1000
                                                  our proposed rules.                                     Commission nor the SBA has developed                  employees or more. Thus under this
                                                     82. Local Resellers. The SBA has                     a definition for small businesses                     category and the associated size
                                                  developed a small business size                         specifically applicable to Other Toll                 standard, the Commission estimates that
                                                  standard for the category of                            Carriers. This category includes toll                 the majority of wireless
                                                  Telecommunications Resellers. The                       carriers that do not fall within the                  telecommunications carriers (except
                                                  Telecommunications Resellers industry                   categories of interexchange carriers,                 satellite) are small entities.
                                                  comprises establishments engaged in                     operator service providers, prepaid                      87. The Commission’s own data—
                                                  purchasing access and network capacity                  calling card providers, satellite service             available in its Universal Licensing
                                                  from owners and operators of                            carriers, or toll resellers. The closest              System—indicate that, as of October 25,
                                                  telecommunications networks and                         applicable NAICS Code category is for                 2016, there are 280 Cellular licensees
                                                  reselling wired and wireless                            Wired Telecommunications Carriers as                  that will be affected by our actions
                                                  telecommunications services (except                     defined above. Under the applicable                   today. The Commission does not know
                                                  satellite) to businesses and households.                SBA size standard, such a business is                 how many of these licensees are small,
                                                  Establishments in this industry resell                  small if it has 1,500 or fewer employees.             as the Commission does not collect that
                                                  telecommunications; they do not                         Census data for 2012 shows that there                 information for these types of entities.
                                                  operate transmission facilities and                     were 3,117 firms that operated that year.             Similarly, according to internally
                                                  infrastructure. Mobile virtual network                  Of this total, 3,083 operated with fewer              developed Commission data, 413
                                                  operators (MVNOs) are included in this                  than 1,000 employees. Thus, under this                carriers reported that they were engaged
                                                  industry. Under that size standard, such                category and the associated small                     in the provision of wireless telephony,
                                                  a business is small if it has 1,500 or                  business size standard, the majority of               including cellular service, Personal
                                                  fewer employees. Census data for 2012                   Other Toll Carriers can be considered                 Communications Service, and
                                                  show that 1,341 firms provided resale                   small. According to internally                        Specialized Mobile Radio Telephony
                                                  services during that year. Of that                      developed Commission data, 284                        services. Of this total, an estimated 261
                                                  number, all operated with fewer than                    companies reported that their primary                 have 1,500 or fewer employees, and 152
                                                  1,000 employees. Thus, under this                       telecommunications service activity was               have more than 1,500 employees. Thus,
                                                  category and the associated small                       the provision of other toll carriage. Of              using available data, we estimate that
                                                  business size standard, the majority of                 these, an estimated 279 have 1,500 or                 the majority of wireless firms can be
                                                  these prepaid calling card providers can                fewer employees. Consequently, the                    considered small.
                                                  be considered small entities.                           Commission estimates that most Other                     88. Wireless Communications
                                                     83. Toll Resellers. The Commission                   Toll Carriers are small entities that may             Services. This service can be used for
                                                  has not developed a definition for Toll                 be affected by rules adopted pursuant to              fixed, mobile, radiolocation, and digital
                                                  Resellers. The closest NAICS Code                       the Second Further Notice.                            audio broadcasting satellite uses. The
                                                  Category is Telecommunications                             85. Prepaid Calling Card Providers.                Commission defined ‘‘small business’’
                                                  Resellers. The Telecommunications                       The SBA has developed a definition for                for the wireless communications
                                                  Resellers industry comprises                            small businesses within the category of               services (WCS) auction as an entity with
                                                  establishments engaged in purchasing                    Telecommunications Resellers. Under                   average gross revenues of $40 million
                                                  access and network capacity from                        that SBA definition, such a business is               for each of the three preceding years,
                                                  owners and operators of                                 small if it has 1,500 or fewer employees.             and a ‘‘very small business’’ as an entity
                                                  telecommunications networks and                         According to the Commission’s Form                    with average gross revenues of $15
                                                  reselling wired and wireless                            499 Filer Database, 500 companies                     million for each of the three preceding
                                                  telecommunications services (except                     reported that they were engaged in the                years. The SBA has approved these
                                                  satellite) to businesses and households.                provision of prepaid calling cards. The               definitions.
                                                  Establishments in this industry resell                  Commission does not have data                            89. Wireless Telephony. Wireless
                                                  telecommunications; they do not                         regarding how many of these 500                       telephony includes cellular, personal
                                                  operate transmission facilities and                     companies have 1,500 or fewer                         communications services, and
                                                  infrastructure. Mobile virtual network                  employees. Consequently, the                          specialized mobile radio telephony
                                                  operators (MVNOs) are included in this                  Commission estimates that there are 500               carriers. As noted, the SBA has
                                                  industry. The SBA has developed a                       or fewer prepaid calling card providers               developed a small business size
                                                  small business size standard for the                    that may be affected by the rules.                    standard for Wireless
                                                  category of Telecommunications                             86. Wireless Telecommunications                    Telecommunications Carriers (except
                                                  Resellers. Under that size standard, such               Carriers (except Satellite). This industry            Satellite). Under the SBA small business
                                                  a business is small if it has 1,500 or                  comprises establishments engaged in                   size standard, a business is small if it
                                                  fewer employees. Census data for 2012                   operating and maintaining switching                   has 1,500 or fewer employees.
                                                  show that 1,341 firms provided resale                   and transmission facilities to provide                According to Commission data, 413
                                                  services during that year. Of that                      communications via the airwaves.                      carriers reported that they were engaged
                                                  number, 1,341 operated with fewer than                  Establishments in this industry have                  in wireless telephony. Of these, an
                                                  1,000 employees. Thus, under this                       spectrum licenses and provide services                estimated 261 have 1,500 or fewer
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                                                  category and the associated small                       using that spectrum, such as cellular                 employees and 152 have more than
                                                  business size standard, the majority of                 services, paging services, wireless                   1,500 employees. Therefore, a little less
                                                  these resellers can be considered small                 internet access, and wireless video                   than one third of these entities can be
                                                  entities. According to Commission data,                 services. The appropriate size standard               considered small.
                                                  881 carriers have reported that they are                under SBA rules is that such a business                  90. Cable and Other Subscription
                                                  engaged in the provision of toll resale                 is small if it has 1,500 or fewer                     Programming. This industry comprises
                                                  services. Of this total, an estimated 857               employees. For this industry, U.S.                    establishments primarily engaged in
                                                  have 1,500 or fewer employees.                          Census data for 2012 show that there                  operating studios and facilities for the
                                                  Consequently, the Commission                            were 967 firms that operated for the                  broadcasting of programs on a


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                                                  55982                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  subscription or fee basis. The broadcast                requests nor collects information on                  recordkeeping, or other compliance
                                                  programming is typically narrowcast in                  whether cable system operators are                    requirements.
                                                  nature (e.g., limited format, such as                   affiliated with entities whose gross                    95. As reported in the Final
                                                  news, sports, education, or youth-                      annual revenues exceed $250 million.                  Regulatory Flexibility Analysis (1996
                                                  oriented). These establishments produce                 Although it seems certain that some of
                                                                                                                                                                FRFA) of the 1996 order instituting the
                                                  programming in their own facilities or                  these cable system operators are
                                                                                                                                                                dialing parity rules, the compliance
                                                  acquire programming from external                       affiliated with entities whose gross
                                                  sources. The programming material is                    annual revenues exceed $250 million,                  requirements of the Section 251 dialing
                                                  usually delivered to a third party, such                we are unable at this time to estimate                parity rules include ‘‘dialing-parity
                                                  as cable systems or direct-to-home                      with greater precision the number of                  specific software, hardware, signaling
                                                  satellite systems, for transmission to                  cable system operators that would                     system upgrades and necessary
                                                  viewers. The SBA has established a size                 qualify as small cable operators under                consumer education.’’ Such compliance
                                                  standard for this industry stating that a               the definition in the Communications                  entailed the ‘‘use of engineering,
                                                  business in this industry is small if it                Act.                                                  technical, operational, and accounting
                                                  has 1,500 or fewer employees. The 2012                     93. All Other Telecommunications.                  skills.’’ We seek comment on whether
                                                  Economic Census indicates that 367                      ‘‘All Other Telecommunications’’ is                   withdrawing these proposed rules will
                                                  firms were operational for that entire                  defined as follows: This U.S. industry is             enable LECs, including small entities, to
                                                  year. Of this total, 357 operated with                  comprised of establishments that are                  reduce or eliminate these costs via a
                                                  less than 1,000 employees. Accordingly                  primarily engaged in providing                        lesser compliance burden.
                                                  we conclude that a substantial majority                 specialized telecommunications
                                                  of firms in this industry are small under               services, such as satellite tracking,                 E. Steps Taken To Minimize the
                                                  the applicable SBA size standard.                       communications telemetry, and radar                   Significant Economic Impact on Small
                                                     91. Cable Companies and Systems                      station operation. This industry also                 Entities, and Significant Alternatives
                                                  (Rate Regulation). The Commission has                   includes establishments primarily                     Considered
                                                  developed its own small business size                   engaged in providing satellite terminal
                                                  standards for the purpose of cable rate                 stations and associated facilities                       96. The RFA requires an agency to
                                                  regulation. Under the Commission’s                      connected with one or more terrestrial                describe any significant alternatives that
                                                  rules, a ‘‘small cable company’’ is one                 systems and capable of transmitting                   it has considered in reaching its
                                                  serving 400,000 or fewer subscribers                    telecommunications to, and receiving                  proposed approach, which may include
                                                  nationwide. Industry data indicate that                 telecommunications from, satellite                    the following four alternatives (among
                                                  there are currently 4,600 active cable                  systems. Establishments providing                     others): (1) The establishment of
                                                  systems in the United States. Of this                   Internet services or voice over Internet              differing compliance or reporting
                                                  total, all but eleven cable operators                   protocol (VoIP) services via client-                  requirements or timetables that take into
                                                  nationwide are small under the 400,000-                 supplied telecommunications                           account the resources available to small
                                                  subscriber size standard. In addition,                  connections are also included in this                 entities; (2) the clarification,
                                                  under the Commission’s rate regulation                  industry. The SBA has developed a                     consolidation, or simplification of
                                                  rules, a ‘‘small system’’ is a cable system             small business size standard for ‘‘All                compliance and reporting requirements
                                                  serving 15,000 or fewer subscribers.                    Other Telecommunications,’’ which                     under the rules for such small entities;
                                                  Current Commission records show 4,600                   consists of all such firms with gross                 (3) the use of performance rather than
                                                  cable systems nationwide. Of this total,                annual receipts of $32.5 million or less.             design standards; and (4) an exemption
                                                  3,900 cable systems have fewer than                     For this category, census data for 2012               from coverage of the rule, or any part
                                                  15,000 subscribers, and 700 systems                     show that there were 1,442 firms that                 thereof, for such small entities.
                                                  have 15,000 or more subscribers, based                  operated for the entire year. Of these
                                                  on the same records. Thus, under this                   firms, a total of 1,400 had gross annual                 97. The 1996 FRFA states that the
                                                  standard as well, we estimate that most                 receipts of less than $25 million.                    dialing parity provisions allowed ‘‘LECs
                                                  cable systems are small entities.                       Consequently, we estimate that the                    and competing providers of telephone
                                                     92. Cable System Operators (Telecom                  majority of All Other                                 toll service’’ including small entities ‘‘to
                                                  Act Standard). The Communications                       Telecommunications firms are small                    not be subject to an array of differing
                                                  Act also contains a size standard for                   entities that might be affected by our                state standards and timetables requiring
                                                  small cable system operators, which is                  action.                                               them to research and tailor their
                                                  ‘‘a cable operator that, directly or                                                                          operations to the unique requirements
                                                  through an affiliate, serves in the                     D. Description of Projected Reporting,
                                                                                                                                                                of each state.’’ We seek comment as to
                                                  aggregate fewer than 1 percent of all                   Recordkeeping, and Other Compliance
                                                                                                                                                                the extent all LECs, including small
                                                  subscribers in the United States and is                 Requirements for Small Entities
                                                                                                                                                                entities, will be economically impacted
                                                  not affiliated with any entity or entities                94. This NPRM proposes changes to,                  by the removal of nationwide
                                                  whose gross annual revenues in the                      and seeks comment on, Commission                      provisions.
                                                  aggregate exceed $250,000,000.’’ There                  rules on Local Number Portability
                                                  are approximately 52,403,705 cable                      Administration, and Nationwide                           98. The 1996 FRFA also explains that
                                                  video subscribers in the United States                  Number Portability (NNP). The NPRM                    as result of the dialing parity rules, a
                                                  today. Accordingly, an operator serving                 seeks to amend our rules by removing                  carrier could not automatically
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                                                  fewer than 524,037 subscribers shall be                 the N–1 query requirement and                         designate itself as a ‘‘toll carrier without
                                                  deemed a small operator if its annual                   proposes to forbear from remaining                    notifying the customer of the
                                                  revenues, when combined with the total                  interexchange dialing parity                          opportunity to choose an alternative
                                                  annual revenues of all its affiliates, do               requirements of section 251(b)(3). The                carrier, one or more of which may be a
                                                  not exceed $250 million in the                          objectives of the proposed modifications              small business.’’ We seek comment as to
                                                  aggregate. Based on available data, we                  are to remove impediments to NNP. As                  any additional economic burden
                                                  find that all but nine incumbent cable                  the NPRM seeks comment on rule                        incurred by small entities as a result of
                                                  operators are small entities under this                 withdrawal and forbearance, we                        the withdrawal of the dialing parity
                                                  size standard. The Commission neither                   therefore do not adopt new reporting,                 rule.


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                                                                       Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules                                          55983

                                                  F. Federal Rules That May Duplicate,                       101. This proceeding shall be treated              Information Center, will send a copy of
                                                  Overlap, or Conflict With the Proposed                  as a ‘‘permit-but-disclose’’ proceeding in            this Notice of Proposed Rulemaking,
                                                  Rules                                                   accordance with the Commission’s ex                   including the IRFA, to the Chief
                                                                                                          parte rules. Persons making ex parte                  Counsel for Advocacy of the Small
                                                     99. None.
                                                                                                          presentations must file a copy of any                 Business Administration (SBA).
                                                  VII. Procedural Matters                                 written presentation or a memorandum
                                                                                                          summarizing any oral presentation                     C. Paperwork Reduction Act
                                                  A. Deadlines and Filing Procedures                                                                               103. This document may contain
                                                                                                          within two business days after the
                                                     100. Pursuant to sections 1.415 and                  presentation (unless a different deadline             proposed new or modified information
                                                  1.419 of the Commission’s rules, 47 CFR                 applicable to the Sunshine period                     collection requirements. The
                                                  1.415, 1.419, interested parties may file               applies). Persons making oral ex parte                Commission, as part of its continuing
                                                  comments and reply comments on or                       presentations are reminded that                       effort to reduce paperwork burdens,
                                                  before the dates indicated on the first                 memoranda summarizing the                             invites the general public and the Office
                                                  page of this document in Dockets WC                     presentation must (1) list all persons                of Management and Budget (OMB) to
                                                  17–244, and WC 13–97. Comments may                      attending or otherwise participating in               comment on the information collection
                                                  be filed using the Commission’s                         the meeting at which the ex parte                     requirements contained in this
                                                  Electronic Comment Filing System                        presentation was made, and (2)                        document, as required by the Paperwork
                                                  (ECFS). See Electronic Filing of                        summarize all data presented and                      Reduction Act of 1995, Public Law 104–
                                                  Documents in Rulemaking Proceedings,                    arguments made during the                             13. In addition, pursuant to the Small
                                                  63 FR 24121 (1998).                                     presentation. If the presentation                     Business Paperwork Relief Act of 2002,
                                                     D Electronic Filers: Comments may be                 consisted in whole or in part of the                  Public Law 107–198, we seek specific
                                                  filed electronically using the Internet by              presentation of data or arguments                     comment on how we might further
                                                  accessing the ECFS: http://apps.fcc.gov/                already reflected in the presenter’s                  reduce the information collection
                                                  ecfs/.                                                  written comments, memoranda or other                  burden for small business concerns with
                                                     D Paper Filers: Parties who choose to                filings in the proceeding, the presenter              fewer than 25 employees.
                                                  file by paper must file an original and                 may provide citations to such data or
                                                                                                          arguments in his or her prior comments,               D. Contact Persons
                                                  one copy of each filing. If more than one
                                                  docket or rulemaking number appears in                  memoranda, or other filings (specifying                 104. For further information about
                                                  the caption of this proceeding, filers                  the relevant page and/or paragraph                    this proceeding, please contact Sherwin
                                                  must submit two additional copies for                   numbers where such data or arguments                  Siy, FCC Wireline Competition Bureau,
                                                  each additional docket or rulemaking                    can be found) in lieu of summarizing                  Competition Policy Division, Room 5–
                                                  number.                                                 them in the memorandum. Documents                     C225, 445 12th Street SW., Washington,
                                                     Filings can be sent by hand or                       shown or given to Commission staff                    DC 20554, (202) 418–2783,
                                                  messenger delivery, by commercial                       during ex parte meetings are deemed to                Sherwin.Siy@fcc.gov.
                                                  overnight courier, or by first-class or                 be written ex parte presentations and
                                                                                                          must be filed consistent with rule                    VIII. Ordering Clauses
                                                  overnight U.S. Postal Service mail. All
                                                  filings must be addressed to the                        1.1206(b). In proceedings governed by                   105. Accordingly, it is ordered,
                                                  Commission’s Secretary, Office of the                   Rule 1.49(f) or for which the                         pursuant to sections 1, 4(i), 10, 201(b),
                                                  Secretary, Federal Communications                       Commission has made available a                       and 251(e) of the Communication Act of
                                                  Commission.                                             method of electronic filing, written ex               1934, as amended, 47 U.S.C. 151, 154(i),
                                                                                                          parte presentations and memoranda                     160, 201(b), and 251(e) that this Notice
                                                     D All hand-delivered or messenger-
                                                                                                          summarizing oral ex parte                             of Proposed Rulemaking and Notice of
                                                  delivered paper filings for the
                                                                                                          presentations, and all attachments                    Inquiry is adopted.
                                                  Commission’s Secretary must be
                                                                                                          thereto, must be filed through the                      106. It is further ordered that the
                                                  delivered to FCC Headquarters at 445
                                                                                                          electronic comment filing system                      Commission’s Consumer and
                                                  12th St. SW., Room TW–A325,
                                                                                                          available for that proceeding, and must               Governmental Affairs Bureau, Reference
                                                  Washington, DC 20554. The filing hours
                                                                                                          be filed in their native format (e.g., .doc,          Information Center, shall send a copy of
                                                  are 8:00 a.m. to 7:00 p.m. All hand                     .xml, .ppt, searchable .pdf). Participants            this Notice of Proposed Rulemaking,
                                                  deliveries must be held together with                   in this proceeding should familiarize                 including the IRFA, to the Chief
                                                  rubber bands or fasteners. Any                          themselves with the Commission’s ex                   Counsel for Advocacy of the Small
                                                  envelopes and boxes must be disposed                    parte rules.                                          Business Administration.
                                                  of before entering the building.
                                                     D Commercial overnight mail (other                   B. Initial Regulatory Flexibility Analysis            List of Subjects
                                                  than U.S. Postal Service Express Mail                     102. Pursuant to the Regulatory                     47 CFR Part 51
                                                  and Priority Mail) must be sent to 9050                 Flexibility Act (RFA), the Commission
                                                  Junction Drive, Annapolis Junction, MD                  has prepared an Initial Regulatory                      Interconnection.
                                                  20701.                                                  Flexibility Analysis (IRFA) of the                    47 CFR Part 52
                                                     D U.S. Postal Service first-class,                   possible significant economic impact on
                                                  Express, and Priority mail must be                      small entities of the policies and actions              Numbering.
                                                  addressed to 445 12th Street SW.,                       considered in this Notice of Proposed                 Federal Communications Commission.
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                                                  Washington DC 20554.                                    Rulemaking. The text of the IRFA is set               Marlene H. Dortch,
                                                     D People With Disabilities: To request               forth in Appendix B. Written public                   Secretary.
                                                  materials in accessible formats for                     comments are requested on this IRFA.
                                                  people with disabilities (braille, large                Comments must be identified as                        Proposed Rules
                                                  print, electronic files, audio format),                 responses to the IRFA and must be filed                 For the reasons set forth above, The
                                                  send an email to fcc504@fcc.gov or call                 by the deadlines for comment on the                   Federal Communications Commission
                                                  the Consumer & Governmental Affairs                     Notice of Proposed Rulemaking. The                    proposes to amend parts 51 and 52 of
                                                  Bureau at 202–418–0530 (voice), 202–                    Commission’s Consumer and                             Title 47 of the Code of Federal
                                                  418–0432 (TTY).                                         Governmental Affairs Bureau, Reference                Regulations as follows:


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                                                  55984                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  PART 51—INTERCONNECTION                                 § 51.209    [Removed]                                 § 52.26 NANC Recommendations on Local
                                                                                                              Remove § 51.209.                                  Number Portability Administration.
                                                  ■ 1. The authority citation for part 51                 ■   4. Remove § 51.213                                  (a) Local number portability
                                                  continues to read as follows:                           § 51.213    [Removed]                                 administration shall comply with the
                                                    Authority: 47 U.S.C. 151–55, 201–05, 207–                 Remove § 51.213.                                  recommendations of the North
                                                  09, 218, 220, 225–27, 251–54, 256, 271,                 ■   5. Remove § 51.215.                               American Numbering Council (NANC)
                                                  303(r), 332, 1302.                                                                                            as set forth in the report to the
                                                                                                          § 51.215    [Removed]
                                                                                                                                                                Commission prepared by the NANC’s
                                                  Subpart C—Obligations of All Local                          Remove § 51.215.                                  Local Number Portability
                                                  Exchange Carriers                                                                                             Administration Selection Working
                                                                                                          PART 52—NUMBERING
                                                                                                                                                                Group, dated April 25, 1997 (Working
                                                  ■ 2. Amend § 51.205 by revising it to                   ■ 6. The authority citation for part 52               Group Report) and its appendices,
                                                  read as follows:                                        continues to read as follows:                         which are incorporated by reference
                                                  § 51.205   Dialing parity: General.                       Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066,         pursuant to 5 U.S.C. 552(a) and 1 CFR
                                                                                                          as amended; 47 U.S.C. 151, 152, 154 and 155           part 51. Except that: Sections 7.8 and
                                                     A local exchange carrier (LEC) shall                 unless otherwise noted. Interpret or apply            7.10 of Appendix D and the following
                                                  provide local dialing parity to                         secs. 3, 4, 201–05, 207–09, 218, 225–27, 251–
                                                                                                          52, 271 and 332, 48 Stat. 1070, as amended,
                                                                                                                                                                portions of Appendix E: Section 7, Issue
                                                  competing providers of telephone                                                                              Statement I of Appendix A, and
                                                                                                          1077; 47 U.S.C. 153, 154, 201–05, 207–09,
                                                  exchange service, with no unreasonable                  218, 225–27, 251–52, 271 and 332 unless               Appendix B in the Working Group
                                                  dialing delays. Dialing parity shall be                 otherwise noted.                                      Report are not incorporated herein.
                                                  provided for originating                                                                                      *     *     *     *     *
                                                  telecommunications services that                        Subpart C—Number Portability                          [FR Doc. 2017–25458 Filed 11–24–17; 8:45 am]
                                                  require dialing to route a call.                        ■ 7. In § 52.26 revise paragraph (a) to               BILLING CODE 6712–01–P
                                                  ■ 3. Remove § 51.209.                                   read as follows:
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Document Created: 2017-11-25 01:09:03
Document Modified: 2017-11-25 01:09:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due on or before December 27, 2017, and reply comments are due on or before January 26, 2018. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before January 26, 2018.
ContactWireline Competition Bureau, Competition Policy Division, Sherwin Siy, at (202) 418-2783, or [email protected] For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele at (202) 418-2991.
FR Citation82 FR 55970 
CFR Citation47 CFR 51
47 CFR 52
CFR AssociatedInterconnection and Numbering

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