# PUBLIC NOTICE![](media/image1.png){width="0.7625in" height="0.7388888888888889in"}

## FEDERAL COMMUNICATIONS COMMISSION

## 445 12^th^ Street, SW

## WASHINGTON, DC 20554

News Media Information (202) 418-0500 Fax-On-Demand 202/418-2830
Internet [http://www.fcc.gov](http://www.fcc.gov/) TTY: 202/418-2555

###  **DA 99-2400**

> **Released: November 2, 1999**

# 

# Petitions For Declaratory Ruling Filed by Beehive Telephone Company and Database Services Management, Inc.

## 

## CC Docket No. 95-155, Toll Free Access Codes

## NSD -L-99-88, Beehive Telephone Company's Petition For Declaratory Ruling

##  NSD -L-99-87, Petition of Database Service Management, Inc. For Expedited 

##  Declaratory Ruling and Response to Petition of Beehive Telephone Company, Inc.

On January 29, 1999, Beehive Telephone Company, Inc. (Beehive) filed a
petition for a declaratory ruling, to resolve seven specified counts
that it had raised in a court proceeding involving Database Service
Management, Inc. (DSMI). On February 17, 1999, DSMI also filed a
petition for a declaratory ruling, to resolve the same seven counts and
to respond to Beehive's petition. The Commission seeks comments on the
seven counts and any related issues raised in the petitions. On March 1,
1999, Beehive filed a motion to strike and response to DSMI's petition.

DSMI manages the SMS/800 system, providing toll free numbers in North
America. DSMI had earlier discontinued providing toll free numbers to
Beehive, for non-payment of charges for access to the SMS/800 system,
and it sued Beehive in the United States District Court for the District
of Utah to collect the sought charges. Beehive responded in court by
filing a counterclaim against DSMI, in which it specified the seven
counts at issue. The court referred Beehive's counterclaim to the
Commission. The seven counts concern the following issues:

1\. Whether the SMS/800 system may be provided under tariff, as it is
currently, or must be provided under intercarrier agreements pursuant to
sections 251 and 252 of the Act, 47 U.S.C. §§251 and 252.

2\. Whether DSMI is an impartial administrator of the SMS system, under
section 251(e).

> 3\. Whether the SMS/800 system complies with section 251(e)(2), which
> requires the costs of number administration arrangements and number
> portablity to be borne by all carriers on a competitively neutral
> basis.

4\. Whether DSMI may legally discontinue providing SMS/800 service.

5\. Whether DSMI may administer the SMS/800 system under tariff even
though it is not a common carrier.

6\. Whether DSMI gave proper notice before discontinuing service to
Beehive.

7\. Whether Beehive held a constitutionally protected property interest
in toll free numbers that DSMI violated by discontinuing service to
Beehive.

Comments may be filed with the Commission by **December 2, 1999**.
Replies to comments may be filed by **December 16, 1999**. All comments
and replies must refer to CC Docket No. 95-155 and also to **NSD File
Numbers** **99-87 and 99-88**. To file comments and replies, send them
to the Office of the Secretary, Federal Communications Commission, 445
12^th^ Street, SW, Room TW-A325, Washington, DC 20554. Two copies of the
comments should also be sent to the Network Services Division, 445
12^th^ Street, SW, Room 6-A207, Washington, DC 20554. All comments and
replies will be available for review and copying during regular business
hours at the FCC Reference Center, Portals II, 445 12^th^ Street, SW,
Room CY-A257, Washington, DC 20554, (202) 418-0270.

Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies. Comments filed through the ECFS
can be sent as an electronic file via the Internet to
**\<http://www.fcc.gov/e-file/ecfs.html\>**. If using this method,
please reference **CC Docket No.** **95-155** in the Proceeding Block.
Generally, only one copy of an electronic submission must be filed. In
completing the transmittal screen, commenters should include their full
name, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Interne e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, including \"get form
\<your e-mail address\>\" in the body of the message. A sample form and
directions will be sent in reply. Comments may be filed using the
Commission\'s Electronic Comment Filing System (ECFS) or by filing paper
copies. After filing your comments electronically, please email Al
McCloud, amccloud@fcc.gov, that comments have been filed.

This is a \"permit but disclose\" proceeding for purposes of the
Commission\'s *ex parte* rules. *See* *generally* 47 C.F.R. §§
1.1200-1.1216. As a \"permit but disclose\" proceeding, *ex parte*
presentations will be governed by the procedures set forth in Section
1.1206 of the Commission\'s rules applicable to non-restricted
proceedings. 47 C.F.R. § 1.1206. Parties making oral ex parte
presentations are reminded that memoranda summarizing the presentation
must contain a summary of the substance of the presentation and not
merely a listing of the subjects discussed. More than a one or two
sentence description of the views and arguments presented is generally
required. See 47 C.F.R. § 1.1206(b)(2). Other rules pertaining to oral
and written presentations are set forth in Section 1.1206(b) as well.

For further information, contact Al McCloud, (202) 418-2499 (voice),
<amccloud@fcc.gov>, or Marty Schwimmer, (202) 418-2320 (voice),
<mschwimm@fcc.gov>, at the Network Services Division, Common Carrier
Bureau. The TTY number is (202) 418-0484.

\-**FEDERAL COMMUNICATIONS COMMISSION --**