> **DA 01-1463**

# Released: June 22, 2001

> **COMMON CARRIER BUREAU SEEKS COMMENT ON AT&T CORPORATION'S REQUEST
> FOR DECLARATORY RULING AND CLARIFICATION OF CHANGES TO THE TOLL-FREE
> NUMBER ADMINISTRATION SYSTEM**
>
> **NSD File No.: L-01-112**
>
> **CC Docket 95-155**
>
> **Pleading Cycle Established**

**COMMENTS: July 12, 2001 REPLY COMMENTS: July 23, 2001**

On December 7, 2000, the Common Carrier Bureau (Bureau) released a
letter directing Database Service Management, Inc. (DSMI), which serves
as the administrator of the SMS/800 database, to modify the Disconnect
Status and Suspend Status functions in the SMS/800 database by February
3, 2001.[^1] The *Keller-Wade Letter* explained that the modifications
to the SMS/800 database are designed to prevent direct transfers of
toll-free numbers between subscribers, which violate the Commission's
toll-free regulations, the toll-free number "first come, first served"
policy, and the SMS Tariff.[^2] The letter also emphasized that, under
the Commission's toll-free regulations, toll-free numbers may remain in
Disconnect Status for up to four months; that toll- free numbers must be
moved to Spare Status from Disconnect Status; and that numbers subject
to a billing dispute may be placed in Suspend Status for up to eight
months and may only be changed back to Working Status for the same
subscriber.

In response to the *Keller-Wade Letter*, some Responsible
Organizations[^3] asserted that the required adjustments to their
internal systems, as well as the necessary testing to ensure
compatibility with DSMI's changes, could not be completed by the
February 3, 2001 deadline.[^4] Thus, on February 2, 2001, the Bureau
directed DSMI to postpone changes to the Disconnect Status and Suspend
Status functions until August 6, 2001.[^5]

On May 24, 2001, AT&T Corp. (AT&T) filed a petition for a declaratory
ruling seeking clarification of the *Keller-Wade Letter*.[^6] AT&T
argues that the Bureau's interpretation of the Commission's toll-free
regulations in the *Keller-Wade Letter* is incorrect. AT&T also requests
that the Commission clarify that certain transfers of toll-free numbers
between subscribers are permissible, such as when toll-free numbers are
misprinted in marketing materials, and therefore, do not violate the
Commission's toll-free regulations.

On June 1, 2001, staff from the Bureau's Network Services Division met
with industry representatives (Industry) to discuss a proposed
alternative solution, as detailed their May 16, 2001 letter to the
Bureau.[^7] In the *May 2001 Letter*, the Industry stated that, unlike
the software changes directed in the *Keller-Wade Letter*, the changes
in their alternative proposed solution would address the Bureau's
concerns without negatively impacting toll-free subscribers.[^8]

The Commission therefore seeks comments from interested parties on:

> \(1\) The issues raised in the *AT&T Petition*;
>
> \(2\) The economic impact on businesses of compliance with the
> *Keller-Wade Letter*;

\(3\) Whether another extension of time is needed to comply with the
*Keller-Wade Letter*, and, if so, the amount of time required; and

\(4\) Alternative solutions for preventing toll-free numbers from being
transferred between subscribers.

The *AT&T Petition* and all other submissions regarding the *Keller-Wade
Letter* are available for review and copying during regular business
hours at the FCC Reference Center, Portals II, 445 12th Street, SW, Room
CY-A257, Washington, D.C. 20554, (202) 418-0270. The *AT&T Petition* and
other documents in this proceeding may also be viewed online at the
FCC's E-filing System located at
[**http://gullfoss2.fcc.gov/cgi-bin/ws.exe/prod/ecfs/comsrch_v2.hts**](http://gullfoss2.fcc.gov/cgi-bin/ws.exe/prod/ecfs/comsrch_v2.hts),
by typing 95-155 in the Proceeding Block and clicking on Retrieve
Document List. Comments responding to this Public Notice should refer to
file number **NSD-L-01-112**. Comments must be filed with the Commission
by **July 12, 2001** and Reply Comments by **July 23, 2001**,[^9] and
sent to the Office of the Secretary, Federal Communications Commission,
445 12th Street, SW, Room TW-A325, Washington, D.C. 20554. Two copies of
the comments should also be sent to Network Services Division, 445 12th
Street, SW, Room 6-A207, Washington, D.C. 20554.

> 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
> Internet 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. After filing your comments
> electronically, please send an e-mail to Jennifer Gorny,
> jgorny@fcc.gov, indicating that comments have been filed.

This is a \"permit but disclose\" proceeding for purposes of the
Commission\'s ex parte rules. 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 such
proceedings.

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. Other rules pertaining to oral and
written presentations are set forth in Section 1.1206(b) as well.

For further information, contact Jennifer Gorny of the Common Carrier
Bureau, Network Services Division, at (202) 418-2320 or jgorny@fcc.gov.
The TTY number is (202) 418-0484.

**-FEDERAL COMMUNICATIONS COMMISSION-**

[^1]: Letter from L. Charles Keller, Chief, Network Services Division,
    to Mr. Michael Wade, President, Database Service Management, Inc.,
    DA 00-2754 (rel. Dec. 7, 2000) (*Keller-Wade Letter*).

[^2]: *Id.* at 1-2.

[^3]: A Responsible Organization (RespOrg) administers and manages a
    toll free subscriber's record(s) in the SMS/800 database. *See* 47
    CFR § 52.101(d) (2000).

[^4]: *See, e.g.*, Letter from Henry G. Hultquist, Associate Counsel,
    WorldCom, Inc., to Magalie Roman Salas, Secretary, dated January 29,
    2001 (requesting a six-month delay); Letter from Norina Moy,
    Director, Federal Regulatory, Sprint, to L. Charles Keller, Chief,
    Network Services Division, dated December 19, 2000 (concerned that
    sixty days would be insufficient to test the changes).

[^5]: Letter from Staci Pies, Deputy Chief, Network Services Division,
    to Mr. Michael Wade, President, Database Service Management, Inc.,
    DA 01-292 (rel. Feb. 2, 2001).

[^6]: *Request for Declaratory Ruling and Clarification*, filed by AT&T
    Corporation (*AT&T Petition*).

[^7]: Letter from Stephanie Cowart, OBF Moderator, to Diane Griffin
    Harmon, Network Services Division, dated May 16, 2001 (*May 2001
    Letter*).

[^8]: *Id*. at 1.

[^9]: Comments and reply comments are needed as soon as possible
    because, currently, carriers are required to modify their internal
    systems by August 6, 2001, in accordance with the *Keller-Wade
    Letter*.