**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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**SIXTH REPORT AND ORDER**

**Adopted:** March 10, 2005 **Released:** March 14, 2005

By the Commission: Chairman Powell issuing a separate statement.

Table of Contents

Paragraph

I. INTRODUCTION 1

II\. BACKGROUND 5

A. Pipeline Safety Initiatives 5

B. North American Numbering Council Recommendation 8

C. Notice of Proposed Rulemaking 9

III\. DISCUSSION 10

A. Abbreviated Dialing Arrangements 10

1\. Designation of 811 as a National Abbreviated Dialing Code 10

2\. Other Abbreviated Dialing Arrangements Considered in the *Notice* 15

a\. Rejection of 344 as the Abbreviated Dialing Code for One Call
Notification\...\...\...\...\...\....15

b\. Rejection of Codes Using a Leading Star or Number Sign for One Call
Notification.....18

B. Implementation Issues 24

1\. Integration of Existing One Call Center Numbers 24

2\. Originating Switch Location 27

3\. Implementation Period 30

IV\. PROCEDURAL MATTERS 36

A. Regulatory Flexibility Analysis 36

B. Paperwork Reduction Act Analysis 37

C. Further Information 38

V. Ordering Clauses 40

APPENDIX A -- LIST OF PARTIES

APPENDIX B -- FINAL REGULATORY FLEXIBILITY ANALYSIS

# INTRODUCTION

1.  In this Order, we designate 811 as the national abbreviated dialing
    code to be used by state One Call notification systems for providing
    advanced notice of excavation activities to underground facility
    operators in compliance with the Pipeline Safety Improvement Act of
    2002 (the "Pipeline Safety Act").[^1] This Order implements the
    Pipeline Safety Act, which provides for the establishment of a
    nationwide toll-free abbreviated dialing arrangement to be used by
    state One Call notification systems.[^2]

2.  A One Call notification system is a communication system established
    by operators of underground facilities and/or state governments in
    order to provide a means for excavators and the general public to
    notify facility operators in advance of their intent to engage in
    excavation activities. We also address various implementation
    issues. Specifically, we:

-   require One Call Centers to notify carriers of the toll-free or
    local number the One Call Center uses in order to ensure that
    callers do not incur toll charges, as mandated by the statute;[^3]

-   allow carriers to use either the Numbering Plan Area (NPA)-NXX or
    the originating switch to determine the appropriate One Call Center
    to which a call should be routed;[^4]

-   require the use of 811 as the national abbreviated dialing code for
    providing advanced notice of excavation activities to underground
    facility operators within two years after publication of this Order
    in the Federal Register;[^5] and

-   delegate authority to the states, pursuant to section 251(e), to
    address the technical and operational issues associated with the
    implementation of the 811 code.[^6]

3.  Adopting a national abbreviated dialing code for this purpose will
    enhance public safety, and strengthen homeland security by
    streamlining the advance notification of excavation activities. The
    measures adopted in this Order will reduce disruptions to
    underground facilities during excavation. Designation of 811 as the
    abbreviated dialing code for providing advanced notice of excavation
    activities to underground facility operators will eliminate the need
    for each state One Call notification system to utilize different
    numbers, and therefore increase the public awareness and use of One
    Call services. Nationwide use of 811 will serve the public interest
    by minimizing confusion over which number to call before engaging in
    excavation activities.

4.  The 811 abbreviated dialing code shall be deployed ubiquitously by
    carriers throughout the United States for use by all
    telecommunications carriers, including wireline, wireless, and
    payphone service providers that provide access to state One Call
    Centers. This designation shall be effective thirty days after
    publication of this Order in the Federal Register.

# BACKGROUND

## Pipeline Safety Initiatives

5.  In 1998, pursuant to the Transportation Equity Act for the 21st
    Century, the United States Department of Transportation (DOT)
    established the One Call notification program to enhance public
    safety, protect the environment, minimize risks to excavators, and
    prevent disruption of the nation's vital underground public services
    by reducing the occurrence of damage to these underground facilities
    during excavation.[^7] States and localities have used, as part of
    the One Call system, numbers that contractors or property owners
    call to access the local One Call Center to notify the center of
    their intent to excavate.[^8] Upon receipt of such notice, the One
    Call Center transmits this information to the underground facility
    operators that participate in the One Call program in that area.[^9]
    The facility operators that have underground facilities in the area
    of the proposed excavation site then arrange for the identification
    and marking of their facilities.[^10]

6.  On December 17, 2002, President Bush signed the Pipeline Safety Act
    into law.[^11] The Act, among other things, is designed to
    strengthen the federal government's support for the One Call program
    by requiring the DOT, in consultation with the Commission, to
    "provide for the establishment of a 3-digit nationwide toll-free
    telephone number system to be used by State one-call notification
    systems."[^12]

7.  To initiate implementation of the Pipeline Safety Act, the DOT filed
    a Petition for Rulemaking ("Petition") with the Commission on August
    28, 2003, requesting the assignment of a three-digit toll-free
    telephone number to access One Call centers throughout the
    country.[^13] In its Petition, the DOT specifically requested that
    the digits "344" (which corresponds to the word "DIG" on telephone
    keypads/dials) be established as an abbreviated dialing arrangement
    for this purpose.[^14] Alternatively, the DOT requested a substitute
    mnemonic three-digit number.[^15] Subsequently, the DOT indicated
    that it supports the North American Numbering Council (NANC)'s
    recommendation to use an N11 code, specifically 811, for access to
    state One Call Centers.[^16]

## North American Numbering Council Recommendation

8.  In January 2003, the NANC formed the Abbreviated Dialing for One
    Call Notification Issue Management Group (DIG IMG) to identify and
    analyze the impact of employing the various abbreviated dialing
    arrangements to implement the Pipeline Safety Act.[^17] The DIG IMG
    considered three possible alternatives for a three-digit code to
    access One Call Centers \-- N11 codes, codes using a leading star or
    number sign, and easily recognizable codes.[^18] The DIG IMG
    provided these recommendations to the NANC on October 29, 2003.[^19]
    Upon reviewing the report, the NANC concluded that the best
    solution, within the framework of the existing statute, would be to
    assign an N11 code, specifically 811, to access One Call
    Centers.[^20] The NANC noted that "absent the statutory requirement
    for a three-digit code, many of \[its\] members would have
    recommended use of a single ten-digit toll-free number to implement
    uniform access to individual state One Call Centers."[^21]

## Notice of Proposed Rulemaking

9.  On May 14, 2004, the Commission released a Notice of Proposed
    Rulemaking (*Notice*) seeking comment on various abbreviated dialing
    arrangements, including those considered and recommended by the
    NANC, that could be used by state One Call notification systems in
    compliance with the Pipeline Safety Act.[^22] In particular, we
    sought comment on whether an N11 code, a code using a leading star
    or number sign, or another three-digit number should be assigned to
    comply with the Pipeline Safety Act.[^23] We also sought comment on
    implementation issues such as the integration of existing One Call
    Center numbers, an appropriate implementation timeframe for each
    proposed abbreviated dialing arrangement, and whether we should
    delegate authority to the state commissions to address
    implementation issues.[^24] Our objective in initiating this
    proceeding was to assess possible abbreviated dialing arrangements
    to use to access state One Call Centers, while at the same time,
    seeking to minimize any adverse impact on numbering resources.[^25]
    In this *Order*, we address the comments filed in response to the
    *Notice*.[^26]

# DISCUSSION

## Abbreviated Dialing Arrangements

### Designation of 811 as a National Abbreviated Dialing Code

10. *Background*. In the *Notice*, we sought comment on whether to use
    an N11 code for access to One Call Centers.[^27] Specifically, we
    sought comment on the NANC's recommendation to assign 811 for this
    purpose.[^28] We also asked commenters to address whether we should
    incorporate the One Call access service into an existing N11 code,
    such as 311 or 511, to preserve the remaining unassigned N11
    codes.[^29] The NANC expressed concern that shared use could cause
    caller confusion, misrouted calls, and deployment delay.[^30] We
    requested commenters that advocated shared use of an existing N11
    code to propose solutions to mitigate the concerns expressed by the
    NANC.[^31]

11. The majority of commenters agree with the NANC's recommendation that
    the best solution, within the framework of the existing statute,
    would be to assign an N11 code, specifically 811, for access to One
    Call Centers.[^32] These commenters assert that 811 will have little
    impact on customer dialing patterns and is less costly to implement
    compared to the other alternatives.[^33] Certain commenters also
    specifically opposed the shared use of an existing N11 code.[^34]
    They assert that shared use of an existing N11 code could discourage
    consumers from calling the One Call Center and cause caller
    confusion, thus, reducing the effectiveness of the centers.[^35]

12. *Discussion*. In this Order, we conclude that an N11 code is the
    best solution, within the framework of the statute, for access to
    One Call Centers. Thus, consistent with the statutory mandate, we
    designate 811 as the national abbreviated dialing code to be used by
    state One Call notification systems for providing advanced notice of
    excavation activities to underground facility operators in
    compliance with the Pipeline Safety Improvement Act.[^36] In so
    doing, we reject the other options considered by the NANC and posed
    in the *Notice*.[^37] We agree with commenters that other
    alternatives - codes using a leading star or number sign, *e.g*.
    \*344 or #344 and an Easily Recognizable Code (ERC), such as 344 -
    are impractical, costly to implement, and could delay the
    availability of a national One Call number for years.[^38] Moreover,
    dialing arrangements in the format of \*XXX or #XXX, in as much as
    these codes include three digits following the leading star or
    number sign, do not comply with the statute's requirement to utilize
    a nationwide "three-digit number" to access One Call Centers.[^39]
    We believe that 811 will have less impact on customer dialing
    patterns and can be implemented without the substantial cost and
    delay of switch development required with the other proposed
    alternatives.[^40] We also agree with the DOT that the special
    nature of an N11 code makes the 811 code amenable to a public
    education campaign linking it to One Call Centers.[^41] We reject
    APCC's request to exempt payphone service providers from this
    requirement.[^42] In contrast to the Act's clear mandate of a
    *nationwide* toll-free three-digit code for access to One Call
    Centers, APCC provides no credible argument for an exemption.[^43]
    The Act does not provide any exemptions from this requirement, and
    we decline to do so here.[^44]

13. Although we recognize that using 811 depletes the quantity of
    remaining N11 codes assignable for other purposes, using an N11 code
    to access One Call Centers will consume fewer numbering resources
    than certain other alternative abbreviated dialing arrangements.
    [^45] Additionally, the use of an N11 code to access One Call
    services follows the existing conventions for abbreviated dialing
    already familiar to customers.[^46] The N11 architecture is an
    established abbreviated dialing plan that is recognized by switch
    manufacturers and the public at large.[^47] Most significantly,
    using an N11 code such as 811 satisfies the legislative mandate for
    a three-digit nationwide number.[^48]

14. We share the concerns of commenters regarding the shared use of an
    existing N11 code, such as 511 (which is currently used for travel
    and information services) or 311 (which is currently used for
    non-emergency police and other governmental services).[^49] In this
    instance, due to the volume of calls received by state One Call
    Centers, shared use of an existing N11 code could result in customer
    confusion and misrouting when dialing a shared N11 code.[^50] Thus,
    excavators could be deterred from using the notification system,
    thereby reducing the effectiveness of the One Call Centers.[^51] The
    Common Ground Alliance (CGA) estimates that the One Call Centers
    currently receive approximately 15 million calls annually.[^52] It
    also estimates that 40 percent of the incidents where underground
    facilities are damaged were caused by those who did not call before
    digging.[^53] CGA contends that the incoming call volume to One Call
    Centers over the next few years may well exceed 20 million
    calls.[^54] Thus, integration of state One Call Centers with
    existing N11 systems may also increase implementation costs while
    adding unnecessary complexity to the One Call notification program.
    Further, shared use of an existing N11 code for access to state One
    Call Centers could also delay deployment due to the need to reach
    agreement with the existing users of the N11 code to be integrated
    and national advertising efforts to educate users on the shared use
    of the N11 code. For these reasons, we reject the use of an existing
    N11 code as opposed to the approach adopted in this Order.

### Other Abbreviated Dialing Arrangements Considered in the *Notice*

#### Rejection of 344 as the Abbreviated Dialing Code for One Call Notification

15. *Background*. In the *Notice*, we sought comment on the DOT's
    initial proposal to establish the digits "344" or any other mnemonic
    three-digit dialing arrangement for access to One Call Centers.[^55]
    We tentatively concluded that because 344 corresponds to an ERC, an
    abbreviated dialing code in the format of an ERC or other area code
    would be inconsistent with our numbering resource optimization
    policies by potentially rendering eight million North American
    Numbering Plan (NANP) telephone numbers unusable.[^56] We
    specifically sought comment on the technical and operational issues
    raised by the NANC and whether there are existing measures that can
    address these issues.[^57] We also sought comment as to the extent
    switch development or replacement may be needed and the impact this
    will have on nationwide implementation.[^58]

16. The majority of commenters argue that the use of an ERC for access
    to state One Call Centers is not a viable option to comply with the
    statute.[^59] These commenters contend that implementation of an ERC
    would be extremely complicated and expensive because 344 is a
    working central office code in many area codes in the nation.[^60]
    They also assert that using an ERC would not be in the public
    interest because assignment of an NPA as an abbreviated dialing code
    would further accelerate NANP exhaust.[^61]

17. *Discussion*. We conclude that an abbreviated dialing code in the
    format of an ERC or other area code would be inconsistent with our
    numbering resource optimization policies by rendering approximately
    eight million NANP telephone numbers unusable.[^62] We agree with
    commenters that the selection of an ERC for this purpose would not
    be in the public interest because it would accelerate NANP
    exhaust.[^63] Further, the establishment of 344 as an abbreviated
    dialing code may cause customer confusion and frustration for
    customers by misrouting callers to the One Call Center where 344 is
    a working NXX code.[^64] Additionally, from a technical perspective,
    some switches would require either replacement or development work
    that could delay the capability of using the 344 code as a
    three-digit number for a number of years.[^65] For example, Verizon
    comments that vendor development for the affected switches would
    require new technical specifications, code preparation,
    installation, testing, and release of generic software release prior
    to distribution.[^66] In light of these technical and practical
    challenges, we do not establish 344 as the One Call abbreviated
    dialing code.

#### Rejection of Codes Using a Leading Star or Number Sign for One Call Notification

18. *Background*. In the *Notice*, we sought comment on whether a code
    with a leading star or number sign, in the format of either \*XXX or
    #XXX, should be used to access One Call Centers.[^67] We sought
    comment on the extent to which using a code with a leading star or
    number sign will either promote or discourage exhaust of the NANP
    numbers.[^68] We asked parties to discuss any existing measures that
    can mitigate or alleviate the limitations with using a leading star
    or number sign.[^69] We also sought comment on whether calls from
    wireless customers to One Call Centers should continue to be
    permitted because of the effort that has gone into wireless
    implementation of #344 (#DIG).[^70]

19. All commenters opposing the use of a code with a leading star or
    number sign cite the same reasons raised by the NANC in its
    report.[^71] Specifically, commenters and the NANC assert that using
    a code with a leading star or number sign for access to One Call
    Centers will involve considerable customer expense and may delay
    implementation due to the necessary switch development and
    reprogramming of the systems.[^72]

20. While commenters are not in favor of using a code with a leading
    star or number sign for access to One Call Centers, most commenters
    support continued use of #344 (#DIG) in the wireless sector.[^73]
    They acknowledge the efforts of wireless service providers and are
    concerned that discontinuing the use of #344 for wireless calls will
    negate such efforts.[^74] For example, AT&T asserts that
    discontinuing the use of #344 will require a re-education process
    for users who have been using #344 and additional expense for the
    participating carriers.[^75] CTIA contends that #344 provides a
    valuable alternative for those excavators who are already familiar
    with #344.[^76] However, DOT opposes the continued use of #344.[^77]
    DOT argues that it is essential that a single national number is
    used for access to One Call Centers because it provides a nationwide
    identity that will provide certainty and reliability required for
    maximum usage and benefits.[^78]

21. *Discussion*. We agree with commenters that the use of a code with a
    leading star or number sign, in the format of either \*XXX or #XXX,
    for access to One Call Centers would be too difficult and costly to
    implement.[^79] Most significantly, as indicated above, such a
    dialing arrangement does not comply with the statute's requirement
    to utilize a nationwide "three-digit number" to access One Call
    Centers.[^80] Moreover, this abbreviated dialing arrangement would
    not achieve the uniformity mandated by the Pipeline Safety Act since
    all users would not be dialing the same sequence if the code
    selected includes a star or number sign.[^81] A single nationwide
    abbreviated dialing code for access to One Call Centers will provide
    the certainty and reliability required for maximum usage and
    benefits of One Call services.[^82] Additionally, many telephone
    systems use the star and number signs for feature access.[^83] Thus,
    reprogramming these systems may not always be feasible and will
    involve considerable customer expense.[^84] Further, some switching
    systems may not be capable of processing access codes using a
    leading star or number sign in the dialing sequences; and the
    necessary switch development would delay the full implementation of
    the One Call functionality.[^85] Based on the record before us, we
    conclude that \*XXX and #XXX are impractical for use as the national
    One Call access code and we will not assign a code using a leading
    star or number sign for access to One Call Centers.

22. Although we recognize the efforts undertaken in the implementation
    of #344 by some wireless carriers, we disagree with those commenters
    who advocate the continued and indefinite use of #344 for access to
    One Call Centers.[^86] We agree with DOT that a single nationwide
    abbreviated dialing code for access to One Call Centers will provide
    the certainty and reliability required for maximum usage and
    benefits of One Call services as intended by Congress.[^87] As
    discussed above, the #344 abbreviated dialing arrangement does not
    comply with the statute's requirement to utilize a nationwide
    "three-digit number" to access One Call Centers and the statutory
    mandate that dialing be uniform across the nation.[^88] The use of
    different abbreviated dialing codes for access to state One Call
    Centers, even if such codes are made available in addition to 811,
    likely will result in customer confusion as the public use both
    wireless and wireline telephones.[^89] Wireless carriers that
    currently use #344 shall transition to 811 pursuant to the
    implementation requirements discussed below.

23. We also reject CTIA's claim that we lack the authority to prohibit
    wireless carriers from continuing to use #344 as an alternative to
    811.[^90] As indicated above, the Communications Act of 1934, as
    amended by the 1996 Act, gave the Commission exclusive jurisdiction
    over the NANP within the United States.[^91] This jurisdiction over
    the NANP extends to administration of the NANP to ensure that
    numbering resources of the NANP are administered in a fair and
    efficient manner. The establishment of all dialing patterns is
    included as part of numbering administration over the NANP.[^92]
    Thus, the Commission has the authority to prohibit the continued use
    of #344.[^93]

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## Implementation Issues

### Integration of Existing One Call Center Numbers

24. *Background*. The Pipeline Safety Act expressly mandates use of a
    three-digit *toll-free* number to access State One Call
    Centers.[^94] In the *Notice*, we sought comment on methods to
    ensure that calls to One Call Centers are toll-free.[^95] We
    specifically sought comment on the NANC's recommendation that each
    One Call Center provide a toll-free number, which can be an 8YY
    number or any number that is not an IntraLATA toll call from the
    area to be served, so that callers do not incur toll charges.[^96]
    We also sought comment on whether the dialing sequence should be the
    same for all providers or whether existing abbreviated dialing
    sequences should be allowed to continue.[^97]

25. All commenters that filed comments on this issue support the
    integration of an abbreviated dialing arrangement into an existing
    One Call Center toll-free or local number.[^98] They assert that
    this will not only save time and money invested in advertising the
    existing One Call Center numbers but will also ensure that such
    calls are toll-free.[^99]

26. *Discussion*. To ensure that calls to One Call Centers are
    toll-free, we conclude that One Call Centers shall provide to
    carriers its toll-free number, which can be an 8YY number, or any
    number that is not an IntraLATA[^100] toll call, from the area to be
    served for use in implementing 811.[^101] Thus, when a caller dials
    811, the carriers will translate 811 into the appropriate number to
    reach the One Call Center. This requirement will both simplify call
    routing and ensure that callers do not incur toll charges, as
    mandated by the statute.[^102] As discussed above, other existing
    abbreviated dialing sequences shall be discontinued, because the use
    of other existing abbreviated dialing sequences in addition to 811
    does not comply with the statutory mandate that dialing be uniform
    across the nation.[^103]

### Originating Switch Location 

27. *Background*. In establishing a framework for its evaluation of
    various abbreviated dialing arrangements to implement the Pipeline
    Safety Act, the NANC proposed that for wireline-originated calls,
    the originating NPA-NXX would determine the One Call Center to which
    the call is sent.[^104] For wireless-originated calls, the NANC
    proposed that the originating Mobile Switch Center would determine
    the One Call Center to which the call is sent.[^105] In the
    *Notice*, we sought comment on these proposals.[^106]

28. All commenters that filed comments on this issue support the NANC's
    recommendation to allow carriers to use either the NPA-NXX or the
    originating switch to determine the appropriate One Call Center to
    which a call should be routed. [^107] They contend that providing
    carriers flexibility to select which method best suits their needs
    will help to ensure that calls will be routed to the appropriate One
    Call Center.[^108]

29. *Discussion*. We direct carriers to use either the NPA-NXX or the
    originating switch to determine the appropriate One Call Center to
    which a call should be routed. For wireline-originated calls, the
    originating switch location or the NPA-NXX will determine the One
    Call Center to which the call is sent.[^109] For wireless-originated
    calls, the originating Mobile Switch Center will determine the One
    Call Center to which the call is sent.[^110] This approach allows
    all carriers the flexibility to utilize the most efficient and
    cost-effective method for routing calls to appropriate state One
    Call Center and is competitively neutral.

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### Implementation Period 

30. *Background*. In the *Notice*, we sought comment on several issues
    relating to how much time carriers should be given to implement a
    new national abbreviated dialing code.[^111] Specifically, we sought

31. comment on how long the implementation period for each proposed
    abbreviated dialing arrangement should be.[^112] We asked parties to
    comment on all of the steps that carriers must undertake to prepare
    the network for use of the three abbreviated dialing arrangements
    proposed in the *Notice* to route properly such calls to the One
    Call Centers.[^113] We also sought comment on what time limit should
    be given to carriers to vacate any existing uses, if an unassigned
    N11 code, such as 811, were selected to access One Call
    Centers.[^114] Further, we specifically sought comment on the
    technical and operational issues that should be considered when
    determining the time period for implementation that would allow
    carriers to prepare for use of the proposed abbreviated dialing
    arrangement that was adopted.[^115] We also sought comment on the
    NANC's recommendation that we allow carriers one to two years to
    prepare the network to support One Call notification to existing One
    Call Centers.[^116] Additionally, we sought comment on whether the
    period for implementation should be uniform or variable and based on
    local conditions and whether, pursuant to section 251(e), we should
    delegate authority to the states to establish the timeframe for
    implementation and how best to engage states in the implementation
    process.[^117]

32. *Discussion*. With regard to how much time carriers will need to
    implement 811, we find that, based on the record before us, two
    years from publication of this Order in the Federal Register is a
    reasonable time period for implementing 811.[^118] Most commenters
    generally agree that two years is a sufficient period for
    implementing an N11 code, specifically 811, for access to One Call
    Centers.[^119] Thus, we conclude that calls to One Call Centers
    using an abbreviated dialing code must use 811 as the national
    abbreviated dialing code for providing advanced notice of excavation
    activities to underground facility operators on or before two years
    from publication of this Order in the Federal Register.[^120] We
    defer to the expertise of the carriers, in cooperation with the
    individual states, to develop and determine the most appropriate
    technological means of implementing 811 access to One Call services,
    as dictated by their particular network architectures.

33. Although the Commission has allowed the local use of unassigned N11
    codes, it has recognized that this use must be discontinued on short
    notice.[^121] Accordingly, we reject THG's argument to allow the
    continued use of 811 for commercial purposes until a qualified
    entity applies for and develops the capability to put the code into
    use for One Call access. [^122] The record indicates that the 811
    code, while not formally allocated by a Commission order, is being
    used in several jurisdictions for other purposes. For example, 811
    is used in some areas to allow customers to make free repair calls
    and as a 911 test code.[^123] Specifically, in some of its states,
    SBC uses 811 as a test code for 911 prior to "turning up" new 911
    trunk groups.[^124] SBC asserts therefore that designing a new code
    for testing will take some time because SBC must be able to test new
    911 trunk groups to ensure they operate correctly.[^125] SBC also
    currently uses 811 in Connecticut for its business offices.[^126]
    Thus, in certain states, implementing the 811 solution will require
    time and effort.

34. APCC also notes that many independent payphone service providers
    currently use 811 to allow the general public to make free repair
    calls from payphones.[^127] APCC argues that it would be costly to
    implement 811 because it would require payphones to be reprogrammed
    and a change of signage informing payphone users of the new repair
    code.[^128] We agree with SBC that where 811 has been used by
    customers for other purposes, changing the use of that number will
    require more robust customer education .[^129] Additionally, changes
    to phone books, methods and procedures, and systems will require
    significantly more time where 811 was previously used for other
    purposes.[^130] For the foregoing reasons, we believe two years
    provides a reasonable transition period to clear the 811 abbreviated
    dialing code of any other existing uses, provide customer education,
    and ensure that there is no unreasonably abrupt disruption of the
    existing uses.

35. We recognize that states have unique knowledge that will assist in
    implementing the transition to the One Call Center access set forth
    in this Order. We therefore delegate authority to the state
    commissions, pursuant to section 251(e), to address the technical
    and operational issues associated with the implementation of
    811.[^131] In delegating authority to the state commissions to
    address the technical and operational issues, state commissions
    should also consider whether a carrier may need additional time to
    implement 811 due to such technical and/or operational difficulties.
    We agree with MPSC that state commissions are in the best position
    to address issues associated with implementing the abbreviated
    dialing arrangement because many of the One Call Centers were
    developed by, or under the auspices of, the state commissions.[^132]
    For example, Qwest suggests that states be involved in mediating
    issues associated with customer contention in areas where multiple
    call centers request service in the same geographical area and be
    delegated authority to assess the qualifications of One Call
    Centers.[^133] We agree. We defer to the expertise of the states to
    address and resolve such issues. However, we decline to delegate
    authority to the state commissions, as suggested by CPUC, to
    establish the implementation period.[^134] We agree with SBC that
    the statute calls for a nationwide solution and that allowing states
    to establish the implementation period would not meet this
    mandate.[^135] Therefore, as discussed above, we have established a
    two year period for implementing 811 as the national abbreviated
    dialing code for access to state One Call Centers.[^136]

# PROCEDURAL MATTERS

## Regulatory Flexibility Analysis

36. As required by the Regulatory Flexibility Act of 1980, as amended
    (RFA),[^137] an Initial Regulatory Flexibility Analysis (IRFA) was
    incorporated in the *Notice*.[^138] The Commission sought written
    public comment on the proposals in the *Notice*, including comment
    on the IRFA.[^139] The Commission has prepared a Final Regulatory
    Flexibility Analysis (FRFA) for this *Order*, set forth at Appendix
    B.

## Paperwork Reduction Act Analysis 

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

## Further Information

38. Alternative formats (computer diskette, large print, audio
    recording, and Braille) are available to persons with disabilities
    by contacting Brian Millin at (202) 418-7426 voice, (202) 418-7365
    TTY, or <bmillin@fcc.gov>. This Order can also be downloaded in
    Microsoft Word and ASCII formats at
    \<http://www.fcc.gov/ccb/universalservice/highcost\>.

39. For further information, contact Regina Brown at (202) 418-0792 in
    the Telecommunications Access Policy Division, Wireline Competition
    Bureau.

# Ordering Clauses 

40. Accordingly, IT IS ORDERED that, pursuant to the authority contained
    in sections 1, 4(i), 4(j), 201-205, 214, 254, and 403 of the
    Communications Act of 1934, as amended, this Order IS ADOPTED.

41. IT IS FURTHER ORDERED that, pursuant to section 251(e)(3) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 251(e)(3), 811
    IS ASSIGNED as the national abbreviated dialing code to be used
    exclusively for access to Once Call Centers, effective thirty days
    after publication of this Order in the Federal Register.

42. IT IS FURTHER ORDERED that the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this Order, including the Final Regulatory
    Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
    Business Administration.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Marlene H. Dortch
>
> Secretary

**APPENDIX A**

**[List of Parties Filing Comments in Response to]{.underline}**

**[the Notice of Proposed Rulemaking]{.underline}**

[Comments]{.underline}

1.  American Gas Association (AGA)

2.  American Petroleum Institute and the Association of Oil Pipe Lines
    (AOPL)

3.  American Public Communications Council (APCC)

4.  AT&T Corp. (AT&T)

5.  BellSouth Corporation (BellSouth)

6.  Bench, David H. (Bench)

7.  California Public Utilities Commission and the People of the State
    of California (CPUC)

8.  Cingular Wireless LLC (Cingular)

9.  City of New York ( City)

10. Common Ground Alliance (CGA)

11. Explorer Pipeline Company (Explorer)

12. Gainey, Vernon (Gainey)

13. KeySpan Energy (KeySpan)

14. MCI, Inc. (MCI)

15. Michigan Public Service Commission (MPSC)

16. National Telecommunications Cooperative Association (NTCA)

17. National Utility Contractors Association (NUCA)

18. North American Numbering Council (NANC)

19. Northeast Gas Association (NGA)

20. Peterson, Ron (Peterson)

21. Qwest Communications, Inc. (Qwest)

22. SBC Communications (SBC)

23. Sunoco Pipeline L.P. (Sunoco)

24. THG Consultants LLP (THG)

25. United States Department of Transportation (DOT)

26. Utility Notification Center of Colorado (UNCC)

27. Verizon telephone companies (Verizon)

28. Wireless Association (CTIA)

29. Wright, Stephen H. (Wright)

[Reply Comments]{.underline}

1.  SBC Communications (SBC)

2.  United States Department of Transportation (DOT)

3.  Verizon telephone companies (Verizon)

*[Ex Partes]{.underline}*

1.  Wireless Association (CTIA)

2.  Verizon telephone companies (Verizon)

**APPENDIX B**

**FINAL REGULATORY FLEXIBILITY ANALYSIS**

**(*REPORT AND ORDER*)**

1.  As required by the Regulatory Flexibility Act of 1980, as amended
    (RFA)[^140][^141] an Initial Regulatory Flexibility Analysis (IRFA)
    was incorporated in the Notice of Proposed Rulemaking
    (*Notice*).[^142] The Commission sought public comments on the
    proposals in the *Notice*, including comment on the IRFA.[^143] The
    comments received are discussed below.[^144] This present Final
    Regulatory Flexibility Analysis (FRFA) conforms to the RFA.[^145]

## Need for, and Objectives of, the Proposed Rules 

43. In this *Order*, we designate 811 as the national abbreviated
    dialing code to be used by state One Call notification systems for
    providing advanced notice of excavation activities to underground
    facility operators in compliance with the Pipeline Safety
    Improvement Act of 2002 (the "Pipeline Safety Act").[^146] This
    Order implements the Pipeline Safety Act, which provides for the
    establishment of a nationwide toll-free abbreviated dialing
    arrangement to be used by state One Call notification systems.[^147]

44. A One Call notification system is a communication system established
    by operators of underground facilities and/or state governments in
    order to provide a means for excavators and the general public to
    notify facility operators in advance of their intent to engage in
    excavation activities. We also address various implementation
    issues. Specifically, we require One Call Centers[^148] to notify
    carriers of the toll-free or local number the One Call Center uses
    in order to ensure that callers do not incur toll charges, as
    mandated by the statute.[^149] We also allow carriers to use either
    the Numbering Plan Area (NPA) NXX or the originating switch to
    determine the appropriate One Call Center to which a call should be
    routed.[^150] Further, we require the use of 811 as the national
    abbreviated dialing code for providing advanced notice of excavation
    activities to underground facility operators within two years after
    publication of this *Order* in the Federal Register.[^151] We also
    delegate authority to the states, pursuant to section 251(e), to
    address the technical and operational issues associated with the
    implementation of the 811 code.[^152]

45. We believe that adopting a nationwide abbreviated dialing code for
    this purpose will enhance public safety, and strengthen homeland
    security by streamlining the advance notification of excavation
    activities. The measures adopted in this *Order* will reduce
    disruptions to underground facilities during excavation. Designating
    811 as the abbreviated dialing code for providing advanced notice of
    excavation activities to underground facility operators will
    eliminate the need for each state One Call notification system to
    utilize different numbers, and therefore increase the public
    awareness and use of One Call services. Nationwide use of 811 will
    also serve the public interest by minimizing confusion over which
    number to call before engaging in excavation activities.

46. The 811 abbreviated dialing code shall be deployed ubiquitously by
    carriers throughout the United States for use by all
    telecommunications carriers, including wireline, wireless, and
    payphone service providers that provide access to state One Call
    Centers.[^153] The designation of 811 for access to state One Call
    Centers shall be effective thirty days after publication of this
    *Order* in the Federal Register.[^154]

## Summary of Significant Issues Raised by Public Comments in Response to the IRFA

47. In the IRFA, we indicated that we would consider any proposals made
    to minimize any significant economic impact on small entities.[^155]
    We received no comments directly in response to the IRFA. However,
    NTCA and THG filed general comments regarding the possible impact of
    the implementation of an N11 code on small business entities.[^156]
    Specifically, NTCA asserted that, although implementing 811 as the
    abbreviated dialing code for accessing the state One Call
    notification system will not cause its member companies any
    technical hardships; it will involve some costs and difficulties due
    to the need to modify switches.[^157] While NTCA did not provide
    detailed information on implementation costs, NTCA contended that
    the burdens associated with implementation of the 811 code would
    have a greater impact on smaller companies with limited staffing and
    a smaller subscriber base.[^158] THG argued that if an unassigned
    N11 code is selected to access One Call Centers, then existing
    commercial uses of this code should continue for commercial purposes
    until a qualified entity applies for develops the capability to put
    the code into use for One Call access.[^159] THG is concerned that,
    where an unassigned N11 code is selected for One Call access, small
    businesses engaged in commercial activities may be adversely
    affected and the public deprived of an existing service.[^160] The
    steps taken to minimize economic impact on small entities are
    discussed below.[^161]

## Description and Estimate of the Number of Small Entities to which the Rules Will Apply

48. 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 rules.[^162] The RFA generally defines the term
    "small entity" as having the same meaning as the terms "small
    business," "small organization," and "small governmental
    jurisdiction."[^163] In addition, the term "small business" has the
    same meaning as the term "small business concern" under the Small
    Business Act.[^164] A "small business concern" is one which: (1) is
    independently owned and operated; (2) is not dominant in its field
    of operation; and (3) satisfies any additional criteria established
    by the Small Business Administration (SBA).[^165]

#### Telecommunications Service Entities

##### Wireline Carriers and Service Providers

49. We have included small incumbent local exchange carriers 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."[^166] The SBA's Office of Advocacy contends that, for
    RFA purposes, small incumbent local exchange carriers are not
    dominant in their field of operation because any such dominance is
    not "national" in scope.[^167] We have therefore included small
    incumbent local exchange carriers in this RFA analysis, although we
    emphasize that this RFA action has no effect on Commission analyses
    and determinations in other, non-RFA contexts.

50. *Incumbent Local Exchange Carriers*. Neither the Commission nor the
    SBA has developed a small business size standard specifically for
    incumbent local exchange services. The appropriate size standard
    under SBA rules is for the category Wired Telecommunications
    Carriers. Under that size standard, such a business is small if it
    has 1,500 or fewer employees.[^168] According to Commission
    data,[^169] 1,337 carriers have reported that they are engaged in
    the provision of incumbent local exchange services. Of these 1,337
    carriers, an estimated 1,032 have 1,500 or fewer employees and 305
    have more than 1,500 employees. Consequently, the Commission
    estimates that most providers of incumbent local exchange service
    are small businesses that may be affected by our action.

51. *Competitive Local Exchange Carriers, Competitive Access Providers,
    "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 size standard under SBA rules is for the
    category Wired Telecommunications Carriers. Under that size
    standard, such a business is small if it has 1,500 or fewer
    employees.[^170] According to Commission data,[^171] 609 carriers
    have reported that they are engaged in the provision of either
    competitive access provider services or competitive local exchange
    carrier services. Of these 609 carriers, an estimated 458 have 1,500
    or fewer employees and 151 have more than 1,500 employees. In
    addition, 16 carriers have reported that they are "Shared-Tenant
    Service Providers," and all 16 are estimated to have 1.500 or fewer
    employees. In addition, 35 carriers have reported that they are
    "Other Local Service Providers." Of the 35, an estimated 34 have
    1,500 or fewer employees and one has more than 1,500 employees.
    Consequently, 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 that may be affected by our action.

52. *Local Resellers.* 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.[^172] According to Commission data,[^173] 133
    carriers have reported that they are engaged in the provision of
    local resale services. Of these, an estimated 127 have 1,500 or
    fewer employees and six have more than 1,500 employees.
    Consequently, the Commission estimates that the majority of local
    resellers are small entities that may be affected by our action.

53. *Toll Resellers.* 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.[^174] According to Commission data,[^175] 625
    carriers have reported that they are engaged in the provision of
    toll resale services. Of these, an estimated 590 have 1,500 or fewer
    employees and 35 have more than 1,500 employees. Consequently, the
    Commission estimates that the majority of toll resellers are small
    entities that may be affected by our action.

54. *Payphone Service Providers*. Neither the Commission nor the SBA has
    developed a small business size standard specifically for payphone
    services providers. The appropriate size standard under SBA rules is
    for the category Wired Telecommunications Carriers. Under that size
    standard, such a business is small if it has 1,500 or fewer
    employees.[^176] According to Commission data,[^177] 761 carriers
    have reported that they are engaged in the provision of payphone
    services. Of these, an estimated 757 have 1,500 or fewer employees
    and four have more than 1,500 employees. Consequently, the
    Commission estimates that the majority of payphone service providers
    are small entities that may be affected by our action.

55. *Interexchange Carriers.* Neither the Commission nor the SBA has
    developed a small business size standard specifically for providers
    of interexchange services. The appropriate size standard under SBA
    rules is for the category Wired Telecommunications Carriers. Under
    that size standard, such a business is small if it has 1,500 or
    fewer employees.[^178] According to Commission data,[^179] 261
    carriers have reported that they are engaged in the provision of
    interexchange service. Of these, an estimated 223 have 1,500 or
    fewer employees and 38 have more than 1,500 employees. Consequently,
    the Commission estimates that the majority of IXCs are small
    entities that may be affected by our action.

56. *Operator Service Providers*. Neither the Commission nor the SBA has
    developed a small business size standard specifically for operator
    service providers. The appropriate size standard under SBA rules is
    for the category Wired Telecommunications Carriers. Under that size
    standard, such a business is small if it has 1,500 or fewer
    employees.[^180] According to Commission data,[^181] 23 carriers
    have reported that they are engaged in the provision of operator
    services. Of these, an estimated 22 have 1,500 or fewer employees
    and one has more than 1,500 employees. Consequently, the Commission
    estimates that the majority of OSPs are small entities that may be
    affected by our action.

57. *Prepaid Calling Card Providers*. Neither the Commission nor the SBA
    has developed a small business size standard specifically for
    prepaid calling card providers. The appropriate size standard under
    SBA rules is for the category Telecommunications Resellers. Under
    that size standard, such a business is small if it has 1,500 or
    fewer employees.[^182] According to Commission data,[^183] 37
    carriers have reported that they are engaged in the provision of
    prepaid calling cards. Of these, an estimated 36 have 1,500 or fewer
    employees and one has more than 1,500 employees. Consequently, the
    Commission estimates that the majority of prepaid calling card
    providers are small entities that may be affected by our action.

##### Wireless Telecommunications Service Providers

58. *Wireless Service Providers.* The SBA has developed a small business
    size standard for wireless firms within the two broad economic
    census categories of "Paging"[^184] and "Cellular and Other Wireless
    Telecommunications." [^185] Under both SBA categories, a wireless
    business is small if it has 1,500 or fewer employees. For the census
    category of Paging, Census Bureau data for 1997 show that there were
    1,320 firms in this category, total, that operated for the entire
    year.[^186] Of this total, 1,303 firms had employment of 999 or
    fewer employees, and an additional 17 firms had employment of 1,000
    employees or more.[^187] Thus, under this category and associated
    small business size standard, the majority of firms can be
    considered small. For the census category Cellular and Other
    Wireless Telecommunications, Census Bureau data for 1997 show that
    there were 977 firms in this category, total, that operated for the
    entire year.[^188] Of this total, 965 firms had employment of 999 or
    fewer employees, and an additional 12 firms had employment of 1,000
    employees or more.[^189] Thus, under this second category and size
    standard, the majority of firms can, again, be considered small.

59. *Cellular Licensees.* The SBA has developed a small business size
    standard for wireless firms within the broad economic census
    category "Cellular and Other Wireless Telecommunications."[^190]
    Under this SBA category, a wireless business is small if it has
    1,500 or fewer employees. For the census category Cellular and Other
    Wireless Telecommunications firms, Census Bureau data for 1997 show
    that there were 977 firms in this category, total, that operated for
    the entire year.[^191] Of this total, 965 firms had employment of
    999 or fewer employees, and an additional 12 firms had employment of
    1,000 employees or more.[^192] Thus, under this category and size
    standard, the great majority of firms can be considered small.
    According to the most recent *Trends in Telephone Service* data, 719
    carriers reported that they were engaged in the provision of
    cellular service, Personal Communications Service, or Specialized
    Mobile Radio Telephony services, which are placed together in the
    data.[^193] We have estimated that 294 of these are small, under the
    SBA small business size standard.[^194]

60. *Common Carrier Paging.* The SBA has developed a small business size
    standard for wireless firms within the broad economic census
    categories of **"**Cellular and Other Wireless
    Telecommunications."[^195] Under this SBA category, a wireless
    business is small if it has 1,500 or fewer employees. For the census
    category of Paging, Census Bureau data for 1997 show that there were
    1,320 firms in this category, total, that operated for the entire
    year.[^196] Of this total, 1,303 firms had employment of 999 or
    fewer employees, and an additional 17 firms had employment of 1,000
    employees or more.[^197] Thus, under this category and associated
    small business size standard, the great majority of firms can be
    considered small. In the Paging *Third Report and Order*, we
    developed a small business size standard for "small businesses" and
    "very small businesses" for purposes of determining their
    eligibility for special provisions such as bidding credits and
    installment payments.[^198] A "small business" is an entity that,
    together with its affiliates and controlling principals, has average
    gross revenues not exceeding \$15 million for the preceding three
    years. Additionally, a "very small business" is an entity that,
    together with its affiliates and controlling principals, has average
    gross revenues that are not more than \$3 million for the preceding
    three years.[^199] The SBA has approved these small business size
    standards.[^200] An auction of Metropolitan Economic Area licenses
    commenced on February 24, 2000, and closed on March 2, 2000.[^201]
    Of the 985 licenses auctioned, 440 were sold. Fifty-seven companies
    claiming small business status won. According to the most recent
    *Trends in Telephone Service,* 433 carriers reported that they were
    engaged in the provision of paging and messaging services.[^202] Of
    those, we estimate that 423 are small, under the SBA approved small
    business size standard.[^203]

61. *Wireless Communications Services***.** This service can be used for
    fixed, mobile, radiolocation, and digital audio broadcasting
    satellite uses. The Commission established small business size
    standards for the wireless communications services auction. A "small
    business" is an entity with average gross revenues of \$40 million
    for each of the three preceding years, and a "very small business"
    is an entity with average gross revenues of \$15 million for each of
    the three preceding years. The SBA has approved these small business
    size standards.[^204] The Commission auctioned geographic area
    licenses in the wireless communications services. In the auction,
    there were seven winning bidders that qualified as "very small
    business" entities, and one that qualified as a "small business"
    entity.

62. *Wireless Telephony***.** Wireless telephony includes cellular,
    personal communications services, and specialized mobile radio
    telephony carriers. As noted earlier, the SBA has developed a small
    business size standard for "Cellular and Other Wireless
    Telecommunications" services.[^205] Under that SBA small business
    size standard, a business is small if it has 1,500 or fewer
    employees.[^206] According to the most recent *Trends in Telephone
    Service* data, 719 carriers reported that they were engaged in the
    provision of wireless telephony.[^207] We have estimated that 294 of
    these are small under the SBA small business size standard.

63. *Broadband Personal Communications Service*. The broadband Personal
    Communications Service (PCS) spectrum is divided into six frequency
    blocks designated A through F, and the Commission has held auctions
    for each block. The Commission defined "small entity" for Blocks C
    and F as an entity that has average gross revenues of \$40 million
    or less in the three previous calendar years.[^208] For Block F, an
    additional classification for "very small business" was added and is
    defined as an entity that, together with its affiliates, has average
    gross revenues of not more than \$15 million for the preceding three
    calendar years."[^209] These standards defining "small entity" in
    the context of broadband PCS auctions have been approved by the
    SBA.[^210] No small businesses, within the SBA-approved small
    business size standards bid successfully for licenses in Blocks A
    and B. There were 90 winning bidders that qualified as small
    entities in the Block C auctions. A total of 93 small and very small
    business bidders won approximately 40 percent of the 1,479 licenses
    for Blocks D, E, and F.[^211] On March 23, 1999, the Commission
    re-auctioned 347 C, D, E, and F Block licenses. There were 48 small
    business winning bidders. On January 26, 2001, the Commission
    completed the auction of 422 C and F Broadband PCS licenses in
    Auction No. 35. Of the 35 winning bidders in this auction, 29
    qualified as "small" or "very small" businesses. Subsequent events,
    concerning Auction 35, including judicial and agency determinations,
    resulted in a total of 163 C and F Block licenses being available
    for grant. In addition, we note that, as a general matter, the
    number of winning bidders that qualify as small businesses at the
    close of an auction does not necessarily represent the number of
    small businesses currently in service. Also, the Commission does not
    generally track subsequent business size unless, in the context of
    assignments or transfers, unjust enrichment issues are implicated.

64. *Narrowband Personal Communications Services.* To date, two auctions
    of narrowband PCS licenses have been conducted. For purposes of the
    two auctions that have already been held, "small businesses" were
    entities with average gross revenues for the prior three calendar
    years of \$40 million or less. Through these auctions, the
    Commission has awarded a total of 41 licenses, out of which 11 were
    obtained by small businesses. To ensure meaningful participation of
    small business entities in future auctions, the Commission has
    adopted a two-tiered small business size standard in the *Narrowband
    PCS Second Report and Order*.[^212] A "small business" is an entity
    that, together with affiliates and controlling interests, has
    average gross revenues for the three preceding years of not more
    than \$40 million. A "very small business" is an entity that,
    together with affiliates and controlling interests, has average
    gross revenues for the three preceding years of not more than \$15
    million. The SBA has approved these small business size
    standards.[^213] In the future, the Commission will auction 459
    licenses to serve Metropolitan Trading Areas and 408 response
    channel licenses. There is also one megahertz of narrowband PCS
    spectrum that has been held in reserve and that the Commission has
    not yet decided to release for licensing. The Commission cannot
    predict accurately the number of licenses that will be awarded to
    small entities in future actions. However, four of the 16 winning
    bidders in the two previous narrowband PCS auctions were small
    businesses, as that term was defined. The Commission assumes, for
    purposes of this analysis, that a large portion of the remaining
    narrowband PCS licenses will be awarded to small entities. The
    Commission also assumes that at least some small businesses will
    acquire narrowband PCS licenses by means of the Commission's
    partitioning and disaggregation rules.

65. *220 MHz Radio Service -- Phase I Licensees.* The 220 MHz service
    has both Phase I and Phase II licenses. Phase I licensing was
    conducted by lotteries in 1992 and 1993. There are approximately
    1,515 such non-nationwide licensees and four nationwide licensees
    currently authorized to operate in the 220 MHz band. The Commission
    has not developed a small business size standard for small entities
    specifically applicable to such incumbent 220 MHz Phase I licensees.
    To estimate the number of such licensees that are small businesses,
    we apply the small business size standard under the SBA rules
    applicable to "Cellular and Other Wireless Telecommunications"
    companies. This category provides that a small business is a
    wireless company employing no more than 1,500 persons.[^214]
    According to the Census Bureau data for 1997, only 12 wireless firms
    out of a total of 1,238 such firms that operated for the entire
    year, had 1,000 or more employees. [^215] If this general ratio
    continues in the context of Phase I 220 MHz licensees, the
    Commission estimates that nearly all such licensees are small
    businesses under the SBA's small business size standard.

66. *220 MHz Radio Service -- Phase II Licensees.* The 220 MHz service
    has both Phase I and Phase II licenses. The Phase II 220 MHz service
    is a new service, and is subject to spectrum auctions. In the *220
    MHz Third Report and Order*, we adopted a small business size
    standard for "small" and "very small" businesses for purposes of
    determining their eligibility for special provisions such as bidding
    credits and installment payments.[^216] This small business size
    standard indicates that a "small business" is an entity that,
    together with its affiliates and controlling principals, has average
    gross revenues not exceeding \$15 million for the preceding three
    years.[^217] A "very small business" is an entity that, together
    with its affiliates and controlling principals, has average gross
    revenues that do not exceed \$3 million for the preceding three
    years. The SBA has approved these small business size
    standards.[^218] Auctions of Phase II licenses commenced on
    September 15, 1998, and closed on October 22, 1998.[^219] In the
    first auction, 908 licenses were auctioned in three different-sized
    geographic areas: three nationwide licenses, 30 Regional Economic
    Area Group Licenses, and 875 Economic Area Licenses. Of the 908
    licenses auctioned, 693 were sold.[^220] Thirty-nine small
    businesses won licenses in the first 220 MHz auction. The second
    auction included 225 licenses: 216 EA licenses and 9 EAG licenses.
    Fourteen companies claiming small business status won 158
    licenses.[^221]

67. *800 MHz and 900 MHz Specialized Mobile Radio Licenses.* The
    Commission awards "small entity" and "very small entity" bidding
    credits in auctions for Specialized Mobile Radio (SMR) geographic
    area licenses in the 800 MHz and 900 MHz bands to firms that had
    revenues of no more than \$15 million in each of the three previous
    calendar years, or that had revenues of no more than \$3 million in
    each of the previous calendar years, respectively.[^222] These
    bidding credits apply to SMR providers in the 800 MHz and 900 MHz
    bands that either hold geographic area licenses or have obtained
    extended implementation authorizations. The Commission does not know
    how many firms provide 800 MHz or 900 MHz geographic area SMR
    service pursuant to extended implementation authorizations, nor how
    many of these providers have annual revenues of no more than \$15
    million. One firm has over \$15 million in revenues. The Commission
    assumes, for purposes here, that all of the remaining existing
    extended implementation authorizations are held by small entities,
    as that term is defined by the SBA. The Commission has held auctions
    for geographic area licenses in the 800 MHz and 900 MHz SMR bands.
    There were 60 winning bidders that qualified as small or very small
    entities in the 900 MHz SMR auctions. Of the 1,020 licenses won in
    the 900 MHz auction, bidders qualifying as small or very small
    entities won 263 licenses. In the 800 MHz auction, 38 of the 524
    licenses won were won by small and very small entities.
    Consequently, the Commission estimates that there are 301 or fewer
    small entity SMR licensees in the 800 MHz and 900 MHz bands that may
    be affected by the rules and policies adopted herein.

68. *700 MHz Guard Band Licensees.* In the 700 MHz Guard Band Order, we
    adopted a small business size standard for "small businesses" and
    "very small businesses" for purposes of determining their
    eligibility for special provisions such as bidding credits and
    installment payments.[^223] A "small business" as an entity that,
    together with its affiliates and controlling principals, has average
    gross revenues not exceeding \$15 million for the preceding three
    years. Additionally, a "very small business" is an entity that,
    together with its affiliates and controlling principals, has average
    gross revenues that are not more than \$3 million for the preceding
    three years. An auction of 52 Major Economic Area licenses commenced
    on September 6, 2000, and closed on September 21, 2000.[^224] Of the
    104 licenses auctioned, 96 licenses were sold to nine bidders. Five
    of these bidders were small businesses that won a total of 26
    licenses. A second auction of 700 MHz Guard Band licenses commenced
    on February 13, 2001 and closed on February 21, 2001. All eight of
    the licenses auctioned were sold to three bidders. One of these
    bidders was a small business that won a total of two licenses.[^225]

69. *Rural Radiotelephone Service.* The Commission has not adopted a
    size standard for small businesses specific to the Rural
    Radiotelephone Service.[^226] A significant subset of the Rural
    Radiotelephone Service is the Basic Exchange Telephone Radio
    System.[^227] The Commission uses the SBA's small business size
    standard applicable to "Cellular and Other Wireless
    Telecommunications," *i.e.*, an entity employing no more than 1,500
    persons.[^228] There are approximately 1,000 licensees in the Rural
    Radiotelephone Service, and the Commission estimates that there are
    1,000 or fewer small entity licensees in the Rural Radiotelephone
    Service that may be affected by the rules and policies adopted
    herein.

70. *Air-Ground Radiotelephone Service.* The Commission has not adopted
    a small business size standard specific to the Air-Ground
    Radiotelephone Service.[^229] We will use SBA's small business size
    standard applicable to "Cellular and Other Wireless
    Telecommunications," *i.e.*, an entity employing no more than 1,500
    persons.[^230] There are approximately 100 licensees in the
    Air-Ground Radiotelephone Service, and we estimate that almost all
    of them qualify as small under the SBA small business size standard.

71. *Fixed Microwave Services.* Fixed microwave services include common
    carrier,[^231] private operational-fixed,[^232] and broadcast
    auxiliary radio services.[^233] At present, there are approximately
    22,015 common carrier fixed licensees and 61,670 private
    operational-fixed licensees and broadcast auxiliary radio licensees
    in the microwave services. The Commission has not created a size
    standard for a small business specifically with respect to fixed
    microwave services. For purposes of this analysis, the Commission
    uses the SBA small business size standard for the category "Cellular
    and Other Telecommunications," which is 1,500 or fewer
    employees.[^234] The Commission does not have data specifying the
    number of these licensees that have more than 1,500 employees, and
    thus are unable at this time to estimate with greater precision the
    number of fixed microwave service licensees that would qualify as
    small business concerns under the SBA's small business size
    standard. Consequently, the Commission estimates that there are up
    to 22,015 common carrier fixed licensees and up to 61,670 private
    operational-fixed licensees and broadcast auxiliary radio licensees
    in the microwave services that may be small and may be affected by
    the rules and policies adopted herein. We noted, however, that the
    common carrier microwave fixed licensee category includes some large
    entities.

72. *Offshore Radiotelephone Service.* This service operates on several
    UHF television broadcast channels that are not used for television
    broadcasting in the coastal areas of states bordering the Gulf of
    Mexico.[^235] There are presently approximately 55 licensees in this
    service. We are unable to estimate at this time the number of
    licensees that would qualify as small under the SBA's small business
    size standard for "Cellular and Other Wireless Telecommunications"
    services.[^236] Under that SBA small business size standard, a
    business is small if it has 1,500 or fewer employees.[^237]

73. *39 GHz Service.* The Commission created a special small business
    size standard for 39 GHz licenses -- an entity that has average
    gross revenues of \$40 million or less in the three previous
    calendar years.[^238] An additional size standard for "very small
    business" is: an entity that, together with affiliates, has average
    gross revenues of not more than \$15 million for the preceding three
    calendar years.[^239] The SBA has approved these small business size
    standards.[^240] The auction of the 2,173 39 GHz licenses began on
    April 12, 2000 and closed on May 8, 2000. The 18 bidders who claimed
    small business status won 849 licenses. Consequently, the Commission
    estimates that 18 or fewer 39 GHz licensees are small entities that
    may be affected by the rules and polices adopted herein.

74. *Multipoint Distribution Service, Multichannel Multipoint
    Distribution Service, and ITFS.* Multichannel Multipoint
    Distribution Service systems, often referred to as "wireless cable,"
    transmit video programming to subscribers using the microwave
    frequencies of the Multipoint Distribution Service (MDS) and
    Instructional Television Fixed Service (ITFS).[^241] In connection
    with the 1996 MDS auction, the Commission established a small
    business size standard as an entity that had annual average gross
    revenues of less than \$40 million in the previous three calendar
    years.[^242] The MDS auctions resulted in 67 successful bidders
    obtaining licensing opportunities for 493 Basic Trading Areas. Of
    the 67 auction winners, 61 met the definition of a small business.
    MDS also includes licensees of stations authorized prior to the
    auction. In addition, the SBA has developed a small business size
    standard for Cable and Other Program Distribution, which includes
    all such companies generating \$12.5 million or less in annual
    receipts.[^243] According to Census Bureau data for 1997, there were
    a total of 1,311 firms in this category, total, that had operated
    for the entire year.[^244] Of this total, 1,180 firms had annual
    receipts of under \$10 million and an additional 52 firms had
    receipts of \$10 million or more but less than \$25 million.
    Consequently, we estimate that the majority of providers in this
    service category are small businesses that may be affected by the
    rules and policies adopted herein. This SBA small business size
    standard also appears applicable to ITFS. There are presently 2,032
    ITFS licensees. All but 100 of these licenses are held by
    educational institutions. Educational institutions are included in
    this analysis as small entities.[^245] Thus, we tentatively conclude
    that at least 1,932 licensees are small businesses.

75. *Local Multipoint Distribution Service.* Local Multipoint
    Distribution Service (LMDS) is a fixed broadband point-to-multipoint
    microwave service that provides for two-way video
    telecommunications.[^246] The auction of the 1,030 LMDS licenses
    began on February 18, 1998 and closed on March 25, 1998. The
    Commission established a small business size standard for LMDS
    licenses as an entity that has average gross revenues of less than
    \$40 million in the three previous calendar years.[^247] An
    additional small business size standard for "very small business"
    was added as an entity that, together with its affiliates, has
    average gross revenues of not more than \$15 million for the
    preceding three calendar years.[^248] The SBA has approved these
    small business size standards in the context of LMDS auctions.[^249]
    There were 93 winning bidders that qualified as small entities in
    the LMDS auctions. A total of 93 small and very small business
    bidders won approximately 277 A Block licenses and 387 B Block
    licenses. On March 27, 1999, the Commission re-auctioned 161
    licenses; there were 40 winning bidders. Based on this information,
    we conclude that the number of small LMDS licenses consists of the
    93 winning bidders in the first auction and the 40 winning bidders
    in the re-auction, for a total of 133 small entity LMDS providers.

76. *218-219 MHz Service.* The first auction of 218-219 MHz spectrum
    resulted in 170 entities winning licenses for 594 Metropolitan
    Statistical Area licenses. Of the 594 licenses, 557 were won by
    entities qualifying as a small business. For that auction, the small
    business size standard was an entity that, together with its
    affiliates, has no more than a \$6 million net worth and, after
    federal income taxes (excluding any carry over losses), has no more
    than \$2 million in annual profits each year for the previous two
    years.[^250] In the *218-219 MHz Report and Order and Memorandum
    Opinion and Order*, we established a small business size standard
    for a "small business" as an entity that, together with its
    affiliates and persons or entities that hold interests in such an
    entity and their affiliates, has average annual gross revenues not
    to exceed \$15 million for the preceding three years.[^251] A "very
    small business" is defined as an entity that, together with its
    affiliates and persons or entities that hold interests in such an
    entity and its affiliates, has average annual gross revenues not to
    exceed \$3 million for the preceding three years.[^252] We cannot
    estimate, however, the number of licenses that will be won by
    entities qualifying as small or very small businesses under our
    rules in future auctions of 218-219 MHz spectrum.

77. *24 GHz -- Incumbent Licensees.* This analysis may affect incumbent
    licensees who were relocated to the 24 GHz band from the 18 GHz
    band, and applicants who wish to provide services in the 24 GHz
    band. The applicable SBA small business size standard is that of
    "Cellular and Other Wireless Telecommunications" companies. This
    category provides that such a company is small if it employs no more
    than 1,500 persons.[^253] According to Census Bureau data for 1997,
    there were 977 firms in this category, total, that operated for the
    entire year.[^254] Of this total, 965 firms had employment of 999 or
    fewer employees, and an additional 12 firms had employment of 1,000
    employees or more.[^255] Thus, under this size standard, the great
    majority of firms can be considered small. These broader census data
    notwithstanding, we believe that there are only two licensees in the
    24 GHz band that were relocated from the 18 GHz band, Teligent[^256]
    and TRW, Inc. It is our understanding that Teligent and its related
    companies have less than 1,500 employees, though this may change in
    the future. TRW is not a small entity. Thus, only one incumbent
    licensee in the 24 GHz band is a small business entity.

78. *24 GHz -- Future Licensees.* With respect to new applicants in the
    24 GHz band, the small business size standard for "small business"
    is an entity that, together with controlling interests and
    affiliates, has average annual gross revenues for the three
    preceding years not in excess of \$15 million.[^257] "Very small
    business" in the 24 GHz band is an entity that, together with
    controlling interests and affiliates, has average gross revenues not
    exceeding \$3 million for the preceding three years.[^258] The SBA
    has approved these small business size standards.[^259] These size
    standards will apply to the future auction, if held.

## Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 

79. In the IRFA, we invited comment on any possible costs associated
    with the abbreviated dialing arrangement ultimately chosen to comply
    with the Pipeline Safety Act.[^260] We received five general,
    non-IRFA comments in response to this issue. Commenters support the
    NANC's recommendation that the cost of implementing a One Call
    service should not be an unfunded mandate.[^261] Qwest asserts that,
    although past N11 deployments have not typically involved federal
    cost recovery, state regulatory commissions are not uniform in the
    way in which they resolve cost recovery matters associated with N11
    deployments.[^262] Specifically, APCC contends that if payphone
    service providers are not excluded from the statutory mandate, then
    they should also be compensated for such calls.[^263]

80. While we recognize that there may be some costs associated with
    implementation of the 811 code, we have not specified parameters for
    cost recovery in this *Order*. The Pipeline Safety Act did not
    provide for federal financial support as part of the mandate for a
    nationwide abbreviated dialing arrangement for access to One Call
    Centers.[^264] Therefore, we find that the Congressional mandate and
    benefits of a national N11 code assignment, specifically 811,
    outweigh any concerns regarding cost recovery on the federal level.
    These issues are most appropriately addressed by the state and local
    governments. As indicated above, we believe that state commissions
    are in the best position to address issues associated with
    implementing 811 because many of the One Call Centers were developed
    by, or under the auspices of, the state commissions.[^265]

## Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered

81. The RFA requires an agency to describe any significant, specifically
    small business, 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 or reporting
    requirements under the rule for 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 small
    entities.[^266]

82. In adopting 811 as the national abbreviated dialing code for access
    to One Call Centers, we have taken steps to minimize the impact on
    small entities. The overall objective of this proceeding was to
    assess possible abbreviated dialing arrangements to use to access
    state One Call Centers as mandated by the Pipeline Safety Act, while
    at the same time, seeking to minimize any adverse impact on
    numbering resources.[^267] We, therefore, sought comment on various
    abbreviated dialing arrangements, including those considered and
    recommended by the NANC, that could be used by state One Call
    notification systems in compliance with the Pipeline Safety Act
    while at the same time minimizing, to the extent possible, any
    adverse impact on numbering resources, including any impact on small
    entities.[^268]

83. After reviewing the comments and considering the possible
    abbreviated dialing arrangements that could be used by state One
    Call notification systems in compliance with the Pipeline Safety
    Act, we conclude that an N11 code is the best solution, within the
    framework of the statute, for access to One Call Centers.[^269]
    Thus, consistent with the statutory mandate, we designate 811 as the
    national abbreviated dialing code to be used by state One Call
    notification systems for providing advanced notice of excavation
    activities to underground facility operators in compliance with the
    Pipeline Safety Act.[^270] We agree with commenters that the other
    proposed alternatives - codes using a leading star or number sign,
    *e.g*. \*344 or #344, and the establishment of an ERC, such as 344,
    as an abbreviated dialing code are impractical, costly to implement,
    and could delay the availability of a national One Call number for
    years.[^271] Moreover, this abbreviated dialing arrangement would
    not achieve the uniformity mandated by the Pipeline Safety Act since
    all users would not be dialing the same sequence if the code
    selected includes a star or number sign.[^272] We believe that 811
    will have less impact on customer dialing patterns and can be
    implemented without the substantial cost and delay of switch
    development required with other proposed alternatives.[^273]

84. Although we recognize that using 811 depletes the quantity of
    remaining N11 codes assignable for other purposes, using an N11 code
    to access One Call Centers will consume fewer numbering resources
    than certain other alternative abbreviated dialing arrangements.
    [^274] Additionally, the use of an N11 code to access One Call
    services follows the existing conventions for abbreviated dialing
    already familiar to customers.[^275] The N11 architecture is an
    established abbreviated dialing plan that is recognized by switch
    manufacturers and the public at large.[^276] Most significantly,
    using an N11 code such as 811 satisfies the legislative mandate for
    a three-digit nationwide number.[^277]

85. Further, although the Commission has allowed the local use of
    unassigned N11 codes, it has recognized that this use must be
    discontinued on short notice.[^278] Accordingly, in this *Order*, we
    reject THG's proposed alternative that would have allowed the
    continued use of 811 for commercial purposes until a qualified
    entity applies for and develops the capability to put the code into
    use for One Call access.[^279] In order to minimize the impact of
    our action, including the impact on small business entities, we
    provide a two year period, from publication of this *Order* in the
    Federal Register, for implementing the 811 code.[^280] Based on the
    record before us, we believe two years from publication of this
    *Order* in the Federal Register is a reasonable time period for
    implementation of 811.[^281] The alternative of not providing for a
    transition period was considered but rejected because we believe a
    transition period is necessary to provide all telecommunications
    carriers, including wireline, wireless, and payphone service
    providers, sufficient time to make the necessary network
    modifications or upgrades, as well as integrate existing One Call
    notification systems, thus minimizing any adverse or unfair impact
    on smaller entities.[^282] In addition, this transition period will
    give carriers time to clear this number of any other existing uses,
    provide customer education, and ensure that there is no unreasonably
    abrupt disruption of the existing uses.[^283]

## Publication of FRFA

86. The Commission will send a copy of the *Order*, including this FRFA,
    to the Chief Counsel for Advocacy of the Small Business
    Administration. A copy of the *Order* and FRFA (or summaries
    thereof) will also be published in the Federal Register.[^284]

**SEPARATE STATEMENT OF**

**CHAIRMAN MICHAEL K. POWELL**

> *Re: The Use of N11 Codes and Other Abbreviated Dialing Arrangements,*
> Sixth Report and Order

Damage from excavation activities can cause crippling outages to the
nation's energy supply, communications networks, law enforcement
agencies, hospitals, air traffic control operations, emergency response
providers, and military bases. The "One Call" system was instituted as a
means by which contractors and the public can alert the proper
authorities to imminent excavation work, thereby avoiding potential
service interruptions and safety hazards. The Congress found One Call
notifications so integral to public safety that it directed the
Commission and the Department of Transportation to establish a single
One Call number to enhance the system's effectiveness. Today's action
carries out this Congressional mandate.

Better, more efficient communication regarding excavations means saved
lives and dollars as well as a more secure homeland, and 811 makes that
a reality. I call on industry stakeholders to increase public awareness
of the One Call notification system and promote the use of the new
nationwide 811 One Call number.

[^1]: Pipeline Safety Improvement Act of 2002, Pub. L. No. 107-355, §
    17, 116 Stat. 2985, 3008 (2002) (the "Pipeline Safety Act").

[^2]: *Id*.

[^3]: *See infra* para. 26. While the function of One Call Centers can
    vary from state to state, the centers exist to permit anyone who
    will excavate using mechanized equipment to make one telephone call
    to give notice of their plans to dig in a specific area before they
    begin their project. The state's One Call Center then acts as a
    clearinghouse to inform the owners and operators of underground
    facilities in the area identified and allows them to mark their
    facilities to prevent costly and disruptive damage to underground
    infrastructure. One Call Centers, which cover different geographic
    areas, are generally accessed by dialing a toll-free or local
    telephone number.

[^4]: *See infra* para. 29.

[^5]: *See infra* paras. 32-34.

[^6]: *See infra* para. 35; 47 U.S.C. § 251(e)(1).

[^7]: Transportation Equity Act for the 21st Century, Pub. L. No.
    105-178, § 6105, 112 Stat. 107 (1998). Under this program, grants
    are made to states to establish or improve One Call notification
    systems. *Id*. at § 6105(c). *See generally Petition for Rulemaking
    of the United States Department of Transportation for the Allocation
    of a Three-Digit Telephone Number to Access Excavation Damage
    Prevention (One Call) Services Nationwide*, CC Docket No. 92-105,
    Petition for Rulemaking, at 2-6 (filed Aug. 28, 2003) ("DOT
    Petition").

[^8]: These numbers, as well as a national referral number that callers
    dial to locate the appropriate One Call number for their local area,
    are generally toll-free.

[^9]: DOT Petition at 8. There are seventy One Call Centers in the
    United States. *Id*. at 4, n.5. Their areas of geographic coverage
    and telephone numbers are available online at
    [www.digsafely.com/contactlist.htm](http://www.digsafely.com/contactlist.htm).
    *Id*.

[^10]: DOT Petition at 8.

[^11]: Pipeline Safety Act, Pub. L. No. 107-355, 116 Stat. 2985.

[^12]: Pipeline Safety Act § 17. Although a "three-digit" nationwide
    toll-free number does not exist within the North American Numbering
    Plan (NANP), we are interpreting the statute to require an
    abbreviated dialing code to give the Pipeline Safety Act its
    intended effect. *See Use of N11 Codes and Other Abbreviated Dialing
    Arrangements*, Third Report and Order and Order on Reconsideration,
    CC Docket No. 92-105, 15 FCC Rcd 16753, 16755, para. 1 (2000) ("*N11
    Third Report and Order*"). The NANP numbers are ten digits in
    length, and they are in the format NXX-NXX-XXXX, where N is any
    digit 2-9 and X is any digit 0-9. The first three digits are
    referred to either as NPAs or area codes. The second three digits
    are called central office codes. The central office code is used for
    routing and rating calls. The final four digits are called the line
    number. NANP numbers typically are dialed on a seven-digit (without
    the area code) or ten-digit basis. When an abbreviated dialing code,
    such as 811, is used, the abbreviated dialing code is translated
    into a ten-digit number.

[^13]: DOT Petition at 2, 15.

[^14]: *Id*.

[^15]: *Id*. at n.1, 15.

[^16]: *See* DOT Reply at 1-2.

[^17]: *See* Letter to William Maher, Chief, Wireline Competition
    Bureau, from Robert C. Atkinson, Chair, North American Numbering
    Council, dated December 4, 2003, at 1 ("NANC Recommendation")
    (adopting the Report and Recommendation of the Abbreviated Dialing
    for One Call Notification Issue Management Group, dated October 29,
    2003 ("DIG IMG Report")). The NANC is the Commission's federal
    advisory committee on numbering issues. The Communications Act of
    1934, as amended by the 1996 Act, gave the Commission plenary
    jurisdiction over the NANP within the United States. 47 U.S.C. §
    251(e)(1). In general, however, the Commission has worked
    cooperatively with the NANC, state commissions, and industry to
    manage numbering resources.

[^18]: *See* DIG IMG Report.

[^19]: *See* *id*.

[^20]: NANC Recommendation at 1-2; Letter to William Maher, Chief,
    Wireline Competition Bureau, from Robert C. Atkinson, Chair, North
    American Numbering Council, dated May 27, 2004 ("NANC Letter"). The
    NANC indicated, however, that its preferred solution would be for
    Congress to amend the statute to provide for the establishment of a
    toll-free number rather than an abbreviated dialing code to access
    One Call Centers. The NANC considered the three-digit codes in the
    alternative. *See* NANC Recommendation at 1-2; NANC Letter.

[^21]: NANC Recommendation at 2; NANC Letter.

[^22]: Abbreviated dialing arrangements are arrangements other than the
    conventional seven and ten-digit sequences that allow callers to
    dial fewer digits. *See supra* at n.11. *Use of N11 Codes and Other
    Abbreviated Dialing Arrangements*, Notice of Proposed Rulemaking, CC
    Docket No. 92-105, 19 FCC Rcd 9173 (2004) ("*Notice*").

[^23]: *See Notice*, 19 FCC Rcd at 9177-81, paras. 8-22.

[^24]: *Id*. at 9181-83, paras. 23-37.

[^25]: *Id*. at 9174, para. 1.

[^26]: We received twenty-nine comments and three reply comments in
    response to the *Notice*. Appendix A provides the full and
    abbreviated names of the parties. *See* Appendix A.

[^27]: *Notice*, 19 FCC Rcd at 9177-78, paras. 9-10. N11 codes are
    service codes that enable callers to access special services by
    dialing only three digits. Thus, the network must be pre-programmed
    to translate the three-digit code into the appropriate seven or
    ten-digit dialing sequence and route the call accordingly. Because
    there are eight possible N11 codes (211, 311, 411, 511, 611, 711,
    811, 911), N11 codes are among the scarcest of numbering resources
    under the Commission's jurisdiction. To date, the Commission has
    assigned five N11 codes (211, 311, 511, 711, and 911). *See The Use
    of N11 Codes and Other Abbreviated Dialing Arrangements*, First
    Report and Order and Further Notice of Proposed Rulemaking, 12 FCC
    Rcd 5572 (1997) (*N11 First Report and Order*) (assigned 311 for
    non-emergency police and other governmental services); *The Use of
    N11 Codes and Other Abbreviated Dialing Arrangements*, Second Report
    and Order, 15 FCC Rcd 15188 (2000) (assigned 711 for telephone relay
    services for the hearing impaired); *N11 Third Report and Order*, 15
    FCC Rcd at 16753 (assigned 211 for information and referral services
    and 511 for travel and information services); *The Use of N11 Codes
    and Other Abbreviated Dialing Arrangements*, Fourth Report and Order
    and Third Notice of Proposed Rulemaking, 15 FCC Rcd 17079 (2000)
    (assigned 911 as the national emergency number). In addition, 411,
    611 and 811 are widely used by carriers, but have not been assigned
    by the Commission for nationwide use. *See*
    [www.nanpa.com](http://www.nanpa.com/).

[^28]: *Id*. As noted above, the NANC indicated, however, that its
    preferred solution would be for Congress to amend the statute to
    provide for the establishment of a toll-free number rather than an
    abbreviated dialing code to access One Call Centers. The NANC
    considered the three-digit codes in the alternative. *See* *supra*
    n.20.

[^29]: *Notice*, 19 FCC Rcd at 9178, para. 10.

[^30]: DIG IMG Report at 16.

[^31]: *Notice*, 19 FCC Rcd at 9178, para. 10.

[^32]: *See* AGA Comments at 2; AOPL at1; BellSouth Comments at 6;
    Cingular Comments at 4-6; CTIA Comments at 1-3; MCI Comments at 1-3;
    Qwest Comments at 2-3; SBC Comments at 1-2; Sunoco Comments at 1;
    Verizon Comments at 3; SBC Reply at 1-2; DOT Reply at 1-2 (changing
    its position to support the use of an N11 code, specifically 811,
    rather than 344 ("DIG")). *But see* APCC at 1-3 (requesting that
    payphone service providers be excluded from the mandate to assign a
    three-digit code to the One Call notification system.); CPUC
    Comments at 2-4; City Comments at 2-6.

[^33]: *See* AGA Comments at 2; AOPL at 1; BellSouth Comments at 6;
    Cingular Comments at 4-6; CTIA Comments at 1-3; MCI Comments at 1-3;
    Qwest Comments at 2-3; SBC Comments at 1-2; Sunoco Comments at 1;
    Verizon Comments at 3; SBC Reply at 1-2.

[^34]: *See* AOPL at 2; Cingular Comments at 6; City Comments at 2; CGA
    Comments at 2; NGA Comments at 2. *But see* CPUC at 5-6
    (recommending use of the 311 code as an alternative to 811); DOT
    Reply at 3.

[^35]: *See generally* AOPL at 2; Cingular Comments at 6; City Comments
    at 2; CGA Comments at 2; NGA Comments at 2; Sunoco Comments at 2.

[^36]: *See* Pipeline Safety Act § 17.

[^37]: *See* DIG IMG Report; *Notice*, 19 FCC Rcd 9173. We also conclude
    that a ten-digit toll-free number does not comply with the Pipeline
    Safety Act's mandate to use a "three-digit" telephone number. *See*
    Pipeline Safety Act § 17.

[^38]: *See supra* n.33. ERCs are Numbering Plan Areas (NPAs) or area
    codes designating special services, *e.g*., 888 for toll-free
    service. They are three digits in length. The second and third
    digits of an ERC are the same (*e.g*., 344). The NANPA has assigned
    certain area codes as ERCs. A list of all available and assigned
    Area Codes is found at [www.nanpa.com](http://www.nanpa.com/).
    Although the 344 NPA has not yet been allocated, there are NPAs in
    which 344 is assigned as a central office code (NXX). DIG IMG Report
    at 8.

[^39]: *See* Pipeline Safety Act § 17.

[^40]: *See supra* n.33.

[^41]: *See* DOT Reply at 1-2

[^42]: *See* APCC Comments at 2-4.

[^43]: *Id.*; Pipeline Safety Act § 17 (emphasis added).

[^44]: *See* Pipeline Safety Act § 17. We agree with APCC that Section
    276 of the 1996 Act does not exempt payphone calls made to One Call
    Centers from that statute's requirement that payphone
    service providers be "fairly compensated." *See* 47 U.S.C. §
    276(b)(1). Therefore, coin calls made from a payphone to a One Call
    Center should be paid in accordance with that payphone's established
    coin rate, and coinless calls made from a payphone to a One Call
    Center should be compensated in accordance with the
    Commission's payphone compensation rules. *See* 47 C.F.R. §§ 64.1300
    *et seq*.; *see also* FRFA, *infra*, at Section D.

[^45]: *See supra* n.33.

[^46]: *Id.*

[^47]: *Id.*

[^48]: *See* Pipeline Safety Act § 17.

[^49]: *See supra* n.35.

[^50]: *Id*.

[^51]: *Id*.

[^52]: The Common Ground Alliance is a non-profit organization formed in
    1999 by DOT's Office of Research and Special Programs Administration
    and industry stakeholders to identify measures to protect the
    underground infrastructure during excavation activity, and to
    promote the use of industry best practices. *See* DOT Petition at
    11-12.; *see also*
    [www.commongroundalliance.com](http://www.commongroundalliance.com/);
    CGA Comments at 2; AOPL at 2; Sunoco at 2.

[^53]: CGA Comments at 2.

[^54]: *Id*.

[^55]: *Notice*, 19 FCC Rcd at 9180-81, paras. 18-20; DOT Petition at 2,
    15. We note that, subsequently, in its reply comments filed on DOT
    indicated that it supports the NANC's recommendation to use an N11
    code, specifically 811, for access to state One Call Centers. DOT
    Reply at 1-2.

[^56]: *Notice*, 19 FCC Rcd at 9180, para. 18; *see supra* n.38.

[^57]: *Notice*, 19 FCC Rcd at 9181, para. 19.

[^58]: *Id*. at para. 20.

[^59]: *See* BellSouth at 6-7; Bench Comments at 3-4; CPUC Comments at
    6-7; Cingular at 5; Qwest Comments at 3; Verizon Comments at 4;
    Qwest Comments at 3-5; Verizon Reply at 1. *But see* AT&T at 7-9
    (supports assigning 344 for One Call access rather than depleting a
    scarce and essential N11 resource); NUCA Comments at 1-2; City
    Comments at 1.

[^60]: *See* BellSouth at 6-7; Bench Comments at 3-4; CPUC Comments at
    6-7; Cingular at 5; Qwest Comments at 3; Verizon Comments at 4;
    Qwest Comments at 3-5; Verizon Reply at 1.

[^61]: *Id*.

[^62]: *Notice*, 19 FCC Rcd at 9179, para. 15.

[^63]: *See supra* n.60.

[^64]: *See id.*

[^65]: DIG IMG Report at 11.

[^66]: Verizon Comments at 4-5.

[^67]: *Notice*, 19 FCC Rcd at 9179-80, paras. 14-16. The leading star
    and number signs serve as network control characters to speed up
    connections. DIG IMG Report at 6. Vertical Service Codes (VSCs) are
    codes that use a leading star. *Id*. Specifically, VSCs are
    customer-dialed codes that allow customers to access features and
    services provided by telecommunications service providers. Services
    that rely on VSCs include call forwarding, automatic callback, and
    customer-originated trace. The number key has generally been used to
    stop any switch timing protocol so that the call is immediately
    processed and for control in telephone systems, such as voicemail.
    The number key is also used by Operator Services switching systems
    to re-originate a credit card call with the same billing information
    used in the proceeding call. It is also used for control in
    telephone systems, such as voicemail. There is no dialed equivalent
    to the number sign character since, unlike the star character, the
    number sign is not used in the dialing sequence.

[^68]: *Notice*, 19 FCC Rcd at 9179, para. 14.

[^69]: *Id*. at 9179-80, para. 16.

[^70]: *Id*. at 9192, para. 15. In 1999, the National Telecommunications
    Damage Prevention Council, concluding that there was a need for an
    abbreviated dialing arrangement for contacting local One Call
    Centers, particularly for mobile phone users, selected #344 as the
    abbreviated dialing arrangement. *See* Letter to Members of the
    Abbreviated Dialing for One-Call Notification Issue Management Group
    from Michael D. McCrary, Chair, NTDPC, dated July 18, 2003 (NTDPC
    Letter). *See* [www.ntdpc.com](http://www.ntdpc.com/). Since that
    time, some wireless carriers have begun implementation of #344.

[^71]: *See* AOPL at 1; BellSouth at 7-8; Bench Comments at 3; Cingular
    Comments at 6-7; CPUC Comments at 5; CTIA Comments at 2-3; Gainey
    Comments at 1; Peterson Comments at 1; Qwest Comments at 5-6; Sunoco
    Comments at 1; DIG IMG Report at 6-8.

[^72]: *See* *id*.

[^73]: *See* AOPL at 1; BellSouth at 7-8; Cingular Comments at 6-7; CTIA
    Comments at 2-3; Gainey Comments at 1; Peterson Comments at 1;
    Sunoco Comments at 1; *see also* AT&T at 7-8. *But see* DOT Reply at
    3.

[^74]: *See generally* AOPL at 1; BellSouth at 7-8; Cingular Comments at
    6-7; CTIA Comments at 2-3; Gainey Comments at 1; Peterson Comments
    at 1; Sunoco Comments at 1; *see also* AT&T at 7-8.

[^75]: AT&T Comments at 7-8.

[^76]: CTIA Comments at 2-3.

[^77]: DOT Reply at 3.

[^78]: *Id*.

[^79]: *See supra* n.71.

[^80]: *See infra* para. 12; Pipeline Safety Act § 17.

[^81]: *See supra* n.71; DIG IMG Report at 7-8.

[^82]: *See id.*

[^83]: DIG IMG Report at 8.

[^84]: *Id*.

[^85]: *Id*.

[^86]: *See supra* n.73.

[^87]: *See* DOT Reply at 3.

[^88]: *See* Pipeline Safety Act § 17.

[^89]: *See* DOT Reply at 3.

[^90]: *See* CTIA *Ex Parte* at 2.

[^91]: *See supra* n.17; 47 U.S.C. § 251(e).

[^92]: *See also People of the State of New York & Public Service
    Commission of the State of New York v. Federal Communications
    Commission*, 267 F.3d 91, 104-106 (2d Cir. 2001) (holding that the
    Federal Communications Commission had jurisdiction to promulgate a
    rule pertaining to local telephone dialing patterns for the City of
    New York under the Communications Act of 1934).

[^93]: *See id*.; 47 U.S.C. § 251(e).

[^94]: Pipeline Safety Act § 17 (emphasis added).

[^95]: *Notice*, 19 FCC Rcd at 9181-82, para. 21.

[^96]: *Id*.; DIG IMG Report at 10.

[^97]: *Notice*, 19 FCC Rcd at 9181-82, para. 21. For example,
    currently, wireless customers may dial 611 or \*611 for repair while
    wireline users may dial 611 for customer service.

[^98]: AGA Comments at 2; NGA Comments at 2; CTIA Comments at 4; SBC
    Reply at 3-4.

[^99]: *See* AGA Comments at 2; *see also* NGA Comments at 2; CTIA
    Comments at 4; SBC Reply at 3-4.

[^100]: IntraLATA refers to telecommunications services that originate
    and terminate in the same Local Access and Transport Area (LATA).

[^101]: *See* DIG IMG Report 10; AGA Comments at 2; NGA Comments at 2;
    CTIA Comments at 4; SBC Reply at 3-4.

[^102]: *See* Pipeline Safety Act § 17.

[^103]: *See supra.* paras. 22-23.

[^104]: DIG IMG Report at 5.

[^105]: *Id*.

[^106]: *Notice*, 19 FCC Rcd at 9182, para. 22.

[^107]: *See* AGA Comments at 2; BellSouth Comments at 10-11; NGA
    Comments at 2; CTIA Comments at 4; SBC Reply at 2-3.

[^108]: SBC Reply at 2-3; *see also* AGA Comments at 2; BellSouth
    Comments at 10-11; NGA Comments at 2; CTIA Comments at 4.

[^109]: *See* DIG IMG Report at 5.

[^110]: *Id*.

[^111]: *Notice*, 19 FCC Rcd at 9182, para. 23.

[^112]: *Id*.

[^113]: *Id*.

[^114]: *Id*.

[^115]: *Id*.

[^116]: *Id*. at para. 24.

[^117]: *Id*. at 9183, para 25.

[^118]: *See infra* n.119.

[^119]: *See* AGA Comments at 3; CPUC Comments at 8; CTIA Comments at
    5-6; MCI Comments at 2; SBC Reply at 2-4; Verizon Comments at 4;
    Verizon Reply at 1. Some commenters propose a one to three year
    timeframe (*See* AGA Comments at 3; Verizon Reply at 1), while
    others propose one or two years (*See* MCI Comments at 2; CPUC at 8;
    CTIA Comments at 5-6; SBC Comments at 2-4).

[^120]: We will not, as BellSouth suggests, delay beginning the
    implementation clock until there has been an official request to use
    the designated code for One Call access. BellSouth Comments at 9-10.
    The Act mandates that a *nationwide* toll-free three-digit code is
    established for access to state One Call Centers. Pipeline Safety
    Act § 17 (emphasis added). Thus, such requirement applies to all
    carriers on a nationwide basis and is not dependent upon whether
    there has been a request for such service. As indicated above, most
    commenters suggest an implementation period of no more than two
    years. *See supra* n.119. In the event carriers need additional time
    to implement 811, they should seek appropriate relief.

[^121]: *See N11 First Report and Order*, 12 FCC Rcd at 5597, para 41.

[^122]: *See* THG Comments at 2-4; *see also* NTCA Comments at 2-3. THG
    offers consulting services to communications companies and other
    companies that use their services. THG Comments at 1. Specifically,
    THG's clients are commercial entities that use N11 codes to provide
    information services to the public on a commercial basis. *Id*. We
    further address THG's concerns regarding the possible economic
    impact of our policies adopted herein on small entities in the Final
    Regulatory Flexibility Analysis (FRFA). *See* Appendix B.

[^123]: *See* APCC Comments at 3; SBC Comments at 2-4.

[^124]: SBC Comments at 3.

[^125]: *Id*.

[^126]: *Id*.

[^127]: APCC Comments at 3.

[^128]: *Id*.

[^129]: *See* SBC Comments at 3.

[^130]: *Id*.

[^131]: 47 U.S.C. § 251(e); *see supra* n.17.

[^132]: MPSC Comments at 5-6.

[^133]: Qwest Comments at 9.

[^134]: *See* CPUC Comments at 8.

[^135]: SBC Comments 6-7.

[^136]: *See supra* paras. 32-34.

[^137]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601-12, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^138]: *Notice*, 19 FCC Rcd at 9187-9202.

[^139]: *Id*. at 9187, para. 2.

[^140]: ^,^

[^141]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601-612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^142]: *See Use of N11 Codes and Other Abbreviated Dialing
    Arrangements*, Notice of Proposed Rulemaking, CC Docket No. 92-105,
    19 FCC Rcd 9173, 9187 (2004) ("*Notice*").

[^143]: The Commission received twenty-nine comments and three reply
    comments in response to the *Notice*. Appendix A provides the full
    and abbreviated names of the parties. *See* Appendix A.

[^144]: *See Order*, *infra* para. 41.

[^145]: *See* 5 U.S.C. § 604.

[^146]: Pipeline Safety Act, Pub. L. No. 107-355, § 17, 116 Stat. 2985,
    3008.

[^147]: *Id*.

[^148]: *See Order*, *supra* n.3.

[^149]: *See Order*, *supra* para. 26.

[^150]: *See Order*, *supra* para. 29.

[^151]: *See Order*, *supra* paras. 32-34.

[^152]: *See Order*, *supra* para. 35; 47 U.S.C. § 251(e)(1).

[^153]: *See Order*, *supra* para. 4.

[^154]: *Id*.

[^155]: *Notice*, 19 FCC Rcd at 9203, para. 37.

[^156]: *See* NTCA Comments; THG Comments.

[^157]: *See* NTCA Comments at 1-3. NTCA is the industry association
    representing rural telecommunications providers. NTCA represents
    more than 560 rural rate-of-return regulated telecommunications
    providers. All of NTCA's members are full service incumbent local
    exchange carriers and many of its members provide wireless, cable,
    Internet, satellite and long distance services to their communities.
    Each member is a "rural telephone company" as defined in the
    Communications Act of 1934, as amended. NTCA's members are dedicated
    to providing competitive modern telecommunications services and
    ensuring the economic future of their rural communities. NTCA
    Comments at n.1.

[^158]: *Id*. at 2.

[^159]: *See* *Order*, *infra* para. 33; THG Comments at 2-3. THG offers
    consulting services to communications companies and companies that
    use such services of such companies. THG Comments at 1. THG clients
    are commercial entities that have used N11 codes to provide
    information services to the public on a commercial basis. *Id*.

[^160]: *Id*. at 4.

[^161]: *See* *infra* paras. 40-44.

[^162]: 5 U.S.C. § 603(b)(3).

[^163]: 5 U.S.C. § 601(6).

[^164]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^165]: 15 U.S.C. § 632.

[^166]: *Id*.

[^167]: Letter from Jere W. Glover, Chief Counsel for Advocacy, SBA, to
    William E. Kennard, Chairman, FCC (May 27, 1999). The Small Business
    Act contains a definition of "small-business concern," which the RFA
    incorporates into its own definition of "small business." *See* 15
    U.S.C. § 632(a); 5 U.S.C. § 601(3). SBA regulations interpret "small
    business concern" to include the concept of dominance on a national
    basis. *See* 13 C.F.R. § 121.102(b).

[^168]: 13 C.F.R. § 121.201, NAICS code 517110.

[^169]: FCC, Wireline Competition Bureau, Industry Analysis and
    Technology Division, "Trends in Telephone Service" at Table 5.3,
    Page 5-5 (May 2004) (hereinafter "Trends in Telephone Service").
    This source uses data that are current as of October 22, 2003.

[^170]: 13 C.F.R. § 121.201, NAICS code 517110.

[^171]: "Trends in Telephone Service" at Table 5.3.

[^172]: 13 CFR § 121.201, NAICS code 517310.

[^173]: "Trends in Telephone Service" at Table 5.3.

[^174]: 13 CFR § 121.201, NAICS code 517310.

[^175]: "Trends in Telephone Service" at Table 5.3.

[^176]: 13 CFR § 121.201, NAICS code 517110.

[^177]: "Trends in Telephone Service" at Table 5.3.

[^178]: 13 C.F.R. § 121.201, NAICS code 517110.

[^179]: "Trends in Telephone Service" at Table 5.3.

[^180]: 13 C.F.R. § 121.201, NAICS code 517110.

[^181]: "Trends in Telephone Service" at Table 5.3.

[^182]: 13 C.F.R. § 121.201, NAICS code 517310.

[^183]: "Trends in Telephone Service" at Table 5.3.

[^184]: 13 C.F.R. § 121.201, NAICS code 513321.

[^185]: 13 C.F.R. § 121.201, NAICS code 513322.

[^186]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    "Information," Table 5, Employment Size of Firms Subject to Federal
    Income Tax: 1997, NAICS code 513321 (issued October 2000).

[^187]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1000
    employees or more."

[^188]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    "Information," Table 5, Employment Size of Firms Subject to Federal
    Income Tax: 1997, NAICS code 513322 (issued October 2000).

[^189]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1000
    employees or more."

[^190]: 13 C.F.R. § 121.201, NAICS code 513322.

[^191]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    "Information," Table 5, Employment Size of Firms Subject to Federal
    Income Tax: 1997, NAICS code 513322 (issued October 2000).

[^192]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1000
    employees or more."

[^193]: FCC, Wireline Competition Bureau, Industry Analysis and
    Technology Division, "Trends in Telephone Service" at Table 5.3,
    page 5-5 (August 2003).

[^194]: *Id*.

[^195]: 13 C.F.R. § 121.201, NAICS code 513322.

[^196]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    "Information," Table 5, Employment Size of Firms Subject to Federal
    Income Tax: 1997, NAICS code 513321 (issued October 2000).

[^197]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1000
    employees or more."

[^198]: *Amendment of Part 90 of the Commission's Rules to Provide for
    the Use of the 220-222 MHz Band by the Private Land Mobile Radio
    Service*, PR Docket No. 89-552, Third Report and Order and Fifth
    Notice of Proposed Rulemaking, 12 FCC Rcd 10943, 11068-70, paras.
    291-295 (1997).

[^199]: *See* Letter to Amy Zoslov, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, Federal
    Communications Commission, from A. Alvarez, Administrator, SBA (Dec.
    2, 1998).

[^200]: *Revision of Part 22 and Part 90 of the Commission's Rules to
    Facilitate Future Development of Paging Systems*, Memorandum Opinion
    and Order on Reconsideration and Third Report and Order, 14 FCC Rcd
    10030, paras. 98-107 (1999).

[^201]: I*d*. at 10085, para. 98.

[^202]: "Trends in Telephone Service" at Table 5.3.

[^203]: *Id*.

[^204]: *See* Letter to Amy Zoslov, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, Federal
    Communications Commission, from A. Alvarez, Administrator, Small
    Business Administration (December 2, 1998).

[^205]: 13 C.F.R. § 121.201, NAICS code 513322.

[^206]: *Id*.

[^207]: "Trends in Telephone Service" at Table 5.3.

[^208]: *See Amendment of Parts 20 and 24 of the Commission's Rules --
    Broadband PCS Competitive Bidding and the Commercial Mobile Radio
    Service Spectrum Cap*, WT Docket No. 96-59, Report and Order, 11 FCC
    Rcd 7824 (1996); *see also* 47 C.F.R. § 24.720(b).

[^209]: *See* *Amendment of Parts 20 and 24 of the Commission's Rules --
    Broadband PCS Competitive Bidding and the Commercial Mobile Radio
    Service Spectrum Cap*, WT Docket No. 96-59, Report and Order, 11 FCC
    Rcd 7824 (1996).

[^210]: *See. e.g.,* *Implementation of Section 309(j) of the
    Communications Act -- Competitive Bidding*, PP Docket No. 93-253,
    Fifth Report and Order, 9 FCC Rcd 5332 (1994).

[^211]: FCC News, Broadband PCS, D, E and F Block Auction Closes, No.
    71744 (released January 14, 1997). *See also* *Amendment of the
    Commission's Rules Regarding Installment Payment Financing for
    Personal Communications Services (PCS) Licenses*, WT Docket No.
    97-82, Second Report and Order, 12 FCC Rcd 16436 (1997).

[^212]: *Amendment of the Commission's Rules to Establish New Personal
    Communications Services, Narrowband PCS*, Docket No. ET 92-100,
    Docket No. PP 93-253, Second Report and Order and Second Further
    Notice of Proposed Rulemaking, 15 FCC Rcd 10456 (2000).

[^213]: *See* Letter to Amy Zoslov, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, Federal
    Communications Commission, from A. Alvarez, Administrator, Small
    Business Administration (December 2, 1998).

[^214]: 13 CFR § 121.201, NAICS code 513322.

[^215]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization), Table 5, NAICS code 513322 (issued October 2000)."

[^216]: *220 MHz Third Report and Order*, 12 FCC Rcd 10943, 11068-70,
    paras. 291-295 (1997).

[^217]: *Id.* at 11068-70, para. 291.

[^218]: *See* letter to D. Phythyon, Chief, Wireless Telecommunications
    Bureau, Federal Communications Commission, from A. Alvarez,
    Administrator, Small Business Administration (January 6, 1998).

[^219]: *See generally* Public Notice, "220 MHz Service Auction Closes,"
    Public Notice, 14 FCC Rcd 605 (1998).

[^220]: *See, e.g.,* Public Notice, "FCC Announces It is Prepared to
    Grant 654 Phase II 220 MHz Licenses After Final Payment is Made," 14
    FCC Rcd 1085 (1999).

[^221]: Public Notice, "Phase II 220 MHz Service Spectrum Auction
    Closes," 14 FCC Rcd 11218 (1999).

[^222]: 47 CFR § 90.814(b)(1).

[^223]: *See* *Service Rules for the 746-764 MHz Bands, and Revisions to
    Part 27 of the Commission's Rules*, WT Docket No. 99-168, Second
    Report and Order, 65 FR 17599 (2000).

[^224]: *See generally* Public Notice, "220 MHz Service Auction Closes,"
    Report No. WT 98-36 (Wireless Telecommunications Bureau, Oct. 23,
    1998).

[^225]: Public Notice, "700 MHz Guard Band Auction Closes," DA 01-478
    (released Feb. 22, 2001).

[^226]: The service is defined in § 22.99 of the Commission's Rules, 47
    C.F.R. § 22.99.

[^227]: BETRS is defined in §§ 22.757 and 22.759 of the Commission's
    Rules, 47 C.F.R. §§ 22.757 and 22.759.

[^228]: 13 C.F.R. § 121.201, NAICS code 513322.

[^229]: The service is defined in § 22.99 of the Commission's Rules, 47
    C.F.R. § 22.99.

[^230]: 13 CFR § 121.201, NAICS codes 513322.

[^231]: *See* 47 C.F.R. §§ 101 *et seq*. (formerly, Part 21 of the
    Commission's Rules) for common carrier fixed microwave services
    (except Multipoint Distribution Service).

[^232]: Persons eligible under parts 80 and 90 of the Commission's Rules
    can use Private Operational-Fixed Microwave services. *See* 47
    C.F.R. Parts 80 and 90. Stations in this service are called
    operational-fixed to distinguish them from common carrier and public
    fixed stations. Only the licensee may use the operational-fixed
    station, and only for communications related to the licensee's
    commercial, industrial, or safety operations.

[^233]: Auxiliary Microwave Service is governed by Part 74 of Title 47
    of the Commission's Rules. *See* 47 C.F.R. Part 74. This service is
    available to licensees of broadcast stations and to broadcast and
    cable network entities. Broadcast auxiliary microwave stations are
    used for relaying broadcast television signals from the studio to
    the transmitter, or between two points such as a main studio and an
    auxiliary studio. The service also includes mobile television
    pickups, which relay signals from a remote location back to the
    studio.

[^234]: 13 CFR § 121.201, NAICS code 513322.

[^235]: This service is governed by Subpart I of Part 22 of the
    Commission's Rules. *See* 47 C.F.R. §§ 22.1001-22.1037.

[^236]: 13 C.F.R. § 121.201, NAICS code 513322.

[^237]: *Id*.

[^238]: *See* *Amendment of the Commission's Rules Regarding the
    37.0-38.6 GHz and 38.6-40.0 GHz Bands*, ET Docket No. 95-183, Report
    and Order, 63 Fed.Reg. 6079 (Feb. 6, 1998).

[^239]: *Id.*

[^240]: *See* Letter to Kathleen O'Brien Ham, Chief, Auctions and
    Industry Analysis Division, Wireless Telecommunications Bureau, FCC,
    from Aida Alvarez, Administrator, SBA (Feb. 4, 1998).

[^241]: *Amendment of Parts 21 and 74 of the Commission's Rules with
    Regard to Filing Procedures in the Multipoint Distribution Service
    and in the Instructional Television Fixed Service and Implementation
    of Section 309(j) of the Communications Act -- Competitive Bidding*,
    MM Docket No. 94-131 and PP Docket No. 93-253, Report and Order, 10
    FCC Rcd 9589, 9593, para. 7 (1995).

[^242]: 47 C.F.R. § 21.961(b)(1).

[^243]: 13 C.F.R. § 121.201, NAICS code 513220.

[^244]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization)", Table 4, NAICS code 513220 (issued October 2000).

[^245]: In addition, the term "small entity" within SBREFA applies to
    small organizations (nonprofits) and to small governmental
    jurisdictions (cities, counties, towns, townships, villages, school
    districts, and special districts with populations of less than
    50,000). 5 U.S.C. §§ 601(4)-(6). We do not collect annual revenue
    data on ITFS licensees.

[^246]: *See Local Multipoint Distribution Service*, Second Report and
    Order, 12 FCC Rcd 12545 (1997).

[^247]: *Id.*

[^248]: *Id.*

[^249]: *See* Letter to Dan Phythyon, Chief, Wireless Telecommunications
    Bureau, FCC, from Aida Alvarez, Administrator, SBA (Jan. 6, 1998).

[^250]: *Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding*, PP Docket No. 93-253, Fourth Report and Order,
    59 Fed.Reg. 24947 (May 13, 1994).

[^251]: *In the Matter of Amendment of Part 95 of the Commission's Rules
    to Provide Regulatory Flexibility in the 218-219 MHz Service*, WT
    Docket No. 98-169, Report and Order and Memorandum Opinion and
    Order, 64 Fed.Reg. 59656 (Nov. 3, 1999).

[^252]: *Id*.

[^253]: 13 C.F.R. § 121.201, NAICS code 513322.

[^254]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Employment Size of Firms Subject to Federal Income
    Tax: 1997," Table 5, NAICS code 513322 (issued Oct. 2000).

[^255]: *Id*. The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1,000
    employees or more."

[^256]: Teligent acquired the DEMS licenses of FirstMark, the only
    licensee other than TRW in the 24 GHz band whose license has been
    modified to require relocation to the 24 GHz band.

[^257]: *In the Matter of Amendments to Parts 1,2, 87 and 101 of the
    Commission's Rules to License Fixed Services at 24 GHz*, Report and
    Order, 15 FCC Rcd 16934, 16967 (2000); *see also* 47 C.F.R. §
    101.538(a)(2).

[^258]: *In the Matter of Amendments to Parts 1,2, 87 and 101 of the
    Commission's Rules to License Fixed Services at 24 GHz*, Report and
    Order, 15 FCC Rcd 16934, 16967 (2000); *see also* 47 C.F.R. §
    101.538(a)(1).

[^259]: *See* Letter to Margaret W. Wiener, Deputy Chief, Auctions and
    Industry Analysis Division, Wireless Telecommunications Bureau, FCC,
    from Gary M. Jackson, Assistant Administrator, SBA (July 28, 2000).

[^260]: *See Notice*, 19 FCC Rcd at 9202, para. 35.

[^261]: *See* DIG IMG Report at 11; APCC Comments at 3-4; NTCA Comments
    at 1-3; Qwest Comments at 10-11; SBC Comments at 6; Verizon Reply at
    2; Verizon *Ex Parte*. For example, SBC estimates that the
    implementation of the 811 code will cost SBC approximately \$1.5
    million dollars for switch translations, network testing, and other
    network-related costs. The information technology work required will
    cost approximately \$750,000 to \$1 million dollars, and customer
    education will cost approximately \$500,000 to \$750,000. SBC
    Comments at 6.

[^262]: *See* Qwest Comments at 10-11.

[^263]: *See* APCC Comments at 3-4.

[^264]: *See* Pipeline Safety Act § 17. We agree with APCC that Section
    276 of the 1996 Act does not exempt payphone calls made to One Call
    Centers from that statute's requirement that payphone
    service providers be "fairly compensated." *See* 47 U.S.C. §
    276(b)(1). Therefore, coin calls made from a payphone to a One Call
    Center should be paid in accordance with that payphone's established
    coin rate, and coinless calls made from a payphone to a One Call
    Center should be compensated in accordance with the
    Commission's payphone compensation rules. *See* 47 C.F.R. §§ 64.1300
    *et seq*.

[^265]: *See Order*, *supra* para. 35.

[^266]: 5 U.S.C. § 603(c).

[^267]: *See* *Order*, *supra* para. 9.

[^268]: *Id*.

[^269]: *See* *Order*, *supra* para. 12.

[^270]: *Id*.

[^271]: *Id*.

[^272]: *Id*.

[^273]: *Id*.

[^274]: *See* *Order*, *supra* para. 13.

[^275]: *Id.*

[^276]: *Id.*

[^277]: *Id.*; *see* Pipeline Safety Act § 17.

[^278]: *See N11 First Report and Order*, 12 FCC Rcd at 5597, para 41.

[^279]: *See Order*, *supra* para. 33; THG Comments at 2-4.

[^280]: *See Order*, *supra* paras. 32-34.

[^281]: *See id.* at para. 32.

[^282]: *Id.* at paras. 32-34.

[^283]: *Id.* at para. 34.

[^284]: *See* 5 U.S.C. § 604(b).