**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | CC Docket No. 95-155         |
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| Toll Free Service Access Codes   | ** |                              |
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**ORDER**

**Adopted: January 22, 2007 Released: January 22, 2007**

By the Chief, Wireline Competition Bureau:

**I. INTRODUCTION**

1.  In this Order, the Wireline Competition Bureau (Bureau) grants, in
    part, the emergency request of the Substance Abuse and Mental Health
    Services Administration (SAMHSA), a component of the United States
    Department of Health and Human Services (HHS), to reassign five
    toll-free numbers utilized as suicide prevention hotlines to
    SAMHSA.[^1] Specifically, we direct McLeodUSA Telecommunications
    Services, Inc. (McLeod), the Responsible Organization (RespOrg), to
    port the toll-free numbers 1-800-SUICIDE (1-800-784-2433),
    1-888-SUICIDE (1-888-784-2433), and 1-877-SUICIDA (1-877-784-2432)
    (collectively, the suicide prevention hotlines) to a RespOrg of
    SAMHSA's choice. We grant this reassignment of the suicide
    prevention hotlines for a period of one year. As explained below, we
    conclude that temporarily reassigning the suicide prevention
    hotlines to SAMHSA is critical to minimize the potential loss of
    life due to callers in need being unable to connect immediately with
    a crisis center that can dispatch emergency services. During the
    duration of this temporary reassignment, we will examine the
    continued utility and effectiveness of our action to determine
    whether any extension is warranted or whether we should revisit or
    modify this reassignment.[^2] We do not find the same potential
    public health crisis exists with respect to the other toll-free
    numbers for which SAMHSA seeks reassignment and, therefore, we deny
    SAMHSA's request with respect to those toll-free numbers.[^3]

    **II. BACKGROUND**

2.  There are several parties involved in the past and present provision
    of the suicide prevention hotlines. SAMHSA, a component of HHS,
    supports efforts to prevent suicide through the Garrett Lee Smith
    Memorial Act programs for youth suicide prevention, and the National
    Suicide Prevention Lifeline, which serves as a central switchboard
    that immediately connects callers to over 120 certified crisis
    centers around the country.[^4] From September 2001 through March
    2005, SAMHSA funded the American Association of Suicidology (AAS) to
    work on the certification and networking of local crisis centers
    using a national toll-free number.[^5]

3.  The Kristin Brooks Hope Center (KBHC), a private, non-profit
    organization, has operated toll-free hotlines since 1998.[^6] KBHC
    received funds under AAS's grant to provide toll-free networking
    services using 1-800-SUICIDE.[^7] According to KBHC, after receiving
    toll-free services from PacWest, MCI, and AT&T, in April 2006, KBHC
    ported all of its numbers, including the suicide prevention
    hotlines, to McLeod and began receiving toll-free services from
    Patriot Communications, LLC (Patriot), which is not a RespOrg.[^8]

4.  On August 25, 2006, the Secretary of HHS sent a letter to Chairman
    Martin expressing concern that 1-800-SUICIDE may be placed on
    disconnect status as early as August 26, 2006 and, as a result,
    suicidal callers would be confronted with a non-working line, or be
    advised that they must dial another number before receiving
    assistance.[^9] In his letter, Secretary Leavitt requested that
    1-800-SUICIDE be temporarily reassigned to SAMHSA to avoid a "public
    health crisis" that could occur from the disconnection of this
    national hotline, which receives 30,000 calls per month.[^10]

5.  On August 25, 2006, SAMHSA reached an agreement with Patriot and
    KBHC to assume financial and operational responsibility for the
    suicide prevention hotlines.[^11] Since that time, however, disputes
    as to the subscriber of record for the suicide prevention hotlines
    and the other toll-free numbers have abrogated the parties'
    agreement.[^12] These disputes culminated in a November 28, 2006
    letter from Patriot's counsel stating that Patriot will cease
    routing telephone calls to the suicide prevention hotlines and the
    other toll-free numbers at 12:01 am on January 9, 2007 if no written
    agreement is reached between SAMHSA and KBHC.[^13] Accordingly, on
    December 12, 2006, SAMHSA renewed and updated its emergency request
    to reassign the suicide prevention hotlines and the other toll-free
    numbers to SAMHSA.[^14] Specifically, SAMHSA requests that the
    Commission direct McLeod to port these numbers to the RespOrg of
    SAMHSA's choosing.[^15]

    **III. DISCUSSION**

6.  In order to ensure that individuals at risk for suicide receive the
    critical assistance they need, the Bureau directs McLeod, as the
    RespOrg, to port the suicide prevention hotlines to the RespOrg of
    SAMHSA's choice immediately in accordance with the Commission's
    porting rules.[^16] Moreover, we direct the Database Service
    Management, Inc. to facilitate the reassignment of the suicide
    prevention hotlines to SAMHSA to the extent necessary to implement
    this Order. This temporary reassignment will last for a period of
    one year. During the duration of this temporary reassignment, we
    will examine the continued utility and effectiveness of our action,
    as well as any permanent agreement negotiated among the parties, to
    determine whether any extension is warranted or whether we should
    revisit or modify this reassignment.

7.  The Communications Act of 1934, as amended (the Act), grants the
    Commission exclusive jurisdiction over "those portions of the North
    American Numbering Plan that pertain to the United States."[^17] The
    Act requires the Commission to "ensure the efficient, fair, and
    orderly allocation of toll-free numbers."[^18] In addition to
    exclusive jurisdiction over numbering resources, the Commission also
    has an obligation to protect public safety[^19] and has broad
    authority to execute its functions.[^20] Telephone numbers are a
    public resource and neither carriers nor subscribers "own" their
    telephone numbers.[^21] Courts have found that no one has a property
    interest in a telephone number.[^22] In addition, the Commission has
    created regulations and emphasized the importance of guarding
    against warehousing, hoarding, and brokering of toll-free numbers to
    ensure that numbers are made available on an equitable basis.[^23]

8.  Consistent with this regulatory framework, toll-free numbers are
    made available to end users on a first-come, first-served basis
    unless otherwise directed by the Commission.[^24] However, the plain
    language of section 52.111 of the Commission's rules authorizes the
    Commission to direct assignment of toll-free numbers on a basis
    different than the usual first-come, first-served basis.[^25] We
    find that due to the ongoing disputes between the parties involved,
    the Commission's interest in preserving this public service by
    ensuring the continuation of the services provided by the suicide
    prevention hotlines, and the vast number of calls made to them
    seeking assistance, a deviation from the first-come, first-served
    rule is warranted in this extraordinary, emergency situation.[^26]
    Given the record of discord among the parties involved, as well as
    KBHC\'s history of being unable to pay its service providers, our
    action is warranted regardless of Patriot\'s deadline to ensure an
    orderly transition of service without possible interruption that
    could jeopardize the ability of callers in crisis to reach the
    assistance they need.[^27] The fact that a public health crisis will
    occur if these parties fail to come to an agreement is too great a
    risk.[^28]

9.  We reject KBHC's claim that the Commission need not be worried about
    KBHC's financial ability to sustain the suicide prevention
    hotlines.[^29] As stated in the record, SAMHSA has assumed financial
    and operational responsibility for the suicide prevention hotlines
    since August 2006 because of outstanding monies owed by KBHC to
    Patriot.[^30] Indeed, KBHC was in default for non-payment to AT&T,
    its previous RespOrg before porting 1-800-SUICIDE to McLeod.[^31]
    The financial vulnerability surrounding KBHC's provision of the
    suicide prevention hotlines poses a significant threat to the
    continued availability of this critical public service.

10. We do not find that SAMHSA's request for reassignment of the two
    other toll-free numbers rises to the same level of emergency as the
    suicide prevention hotlines and therefore, we deny SAMHSA's request
    with respect to those numbers. 1-800-827-7571 is no longer being
    promoted as a suicide prevention hotline and 1-800-442-4673 is not
    explicitly promoted as a suicide prevention hotline.[^32] Therefore,
    we do not find that an emergency reassignment is necessary for the
    other toll-free numbers requested by SAMHSA and deny the request
    with respect to those numbers.

    **IV. ORDERING CLAUSES**

11. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i) and 251(e)
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
    154(i), and 251(e), sections 1.3 and 52.111 of the Commission's
    rules, 47 C.F.R. §§ 1.3 and 52.111, and pursuant to authority
    delegated under sections 0.91 and 0.291 of the Commission's rules,
    47 C.F.R. §§ 0.91 and 0.291,[^33] that McLeodUSA Telecommunications
    Services, Inc. port the toll-free numbers 1-800-784-2433
    (1-800-SUICIDE), 1-877-784-2432 (1-877-SUICIDA), and 1-888-784-2433
    (1-888-SUICIDE), to the Responsible Organization chosen by the
    Substance Abuse and Mental Health Services Administration, a
    component of the United States Department of Health and Human
    Services, as described herein and that the Database Service
    Management, Inc. facilitate this reassignment to the extent
    necessary. The request of the Substance Abuse and Mental Health
    Services Administration otherwise IS DENIED.

12. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 251(e) and 408
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
    154(i), 251(e), and 408, section 1.103 of the Commission's rules, 47
    C.F.R. § 1.103, and pursuant to authority delegated under sections
    0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and
    0.291, that this action IS EFFECTIVE IMMEDIATELY UPON RELEASE.

    FEDERAL COMMUNICATIONS COMMISSION

Thomas J. Navin

Chief

Wireline Competition Bureau

[^1]: *See* Letter from Eric B. Broderick, D.D.S., M.P.H, Acting Deputy
    Administrator of the Substance Abuse and Mental Health Services
    Administration, Assistant Surgeon General, to Kevin J. Martin,
    Chairman, FCC, CC Docket No. 95-155 (filed Dec. 12, 2006) (SAMHSA
    Dec. 12 Letter). The Commission issued a Public Notice on December
    13, 2006 regarding SAMHSA's request. *See* *Pleading Cycle
    Established for Comments on the U.S. Department of Health and Human
    Services, Substance Abuse and Mental Health Services Administration
    Emergency Request for the Permanent Reassignment of Five Toll-Free
    Suicide Prevention Numbers*, Public Notice, CC Docket No. 95-155, DA
    06-2507 (WCB Dec. 13, 2006).

[^2]: *See, e.g.*, *Toll Free Service Access Codes*, CC Docket No,
    95-155, Order, 20 FCC Rcd 15089, 15091, para. 6 (2005) (reassigning
    temporarily the toll-free number that spells 1-800-RED-CROSS to the
    national chapter of the American Red Cross) (*Red Cross Order*);
    *Toll Free Services Access*, CC Docket No. 95-155, Order, 21 FCC Rcd
    9925 (WCB 2006) (assigning permanently 1-800-RED-CROSS and
    1-888-RED-CROSS).

[^3]: The two other toll-free numbers for which SAMHSA seeks
    reassignment are: 1-800-442-4673 (1-800-442-HOPE); and
    1-800-827-7571 (collectively, the other toll-free numbers). *See*
    SAMHSA Dec. 12 Letter at 1. We are hopeful that the parties will
    negotiate a solution with regard to these additional numbers.

[^4]: *See* Letter from Michael O. Leavitt, Secretary, United States
    Department of Health and Human Services, to Kevin J. Martin,
    Chairman, FCC at 2 (filed Aug. 25, 2006) (SAMHSA Aug. 25 Letter).

[^5]: *See* Supplemental Petition of the United States Department of
    Health and Human Services in Support of its Request for Reassignment
    of Toll Free Suicide Prevention Numbers, CC Docket No. 95-155 (filed
    Dec. 20, 2006) (SAMHSA Supplement), Declaration of Eric Broderick at
    1 (Broderick Decl.).

[^6]: *See* KBHC Comments at 1.

[^7]: *See* SAMHSA Supplement Broderick Decl. at 1.

[^8]: *See* KBHC Comments at 3.

[^9]: *See* SAMHSA Aug. 25 Letter at 1-2 (explaining that due to issues
    of KBHC's non-payment to Patriot, 1-800-SUICIDE was scheduled to be
    disconnected by Patriot as early as August 26, 2006); *see also*
    KBHC Comments at 4 (stating that "during the summer of 2006, KBHC
    fell behind in its payments to Patriot"). The record also shows that
    KBHC was in default of payment for 1-800-SUICIDE with its prior
    RespOrg and service provider, AT&T. *See* Letter from Michelle
    Sclater, AT&T Services, Inc., to Marlene H. Dortch, Secretary, FCC,
    CC Docket 95-155 (filed Dec. 29, 2006) (AT&T Dec. 29 *Ex Parte*
    Letter).

[^10]: SAMHSA Aug. 25 Letter at 2.

[^11]: *See* SAMHSA Dec. 12 Letter at 1; *see also* SAMHSA Supplement
    Broderick Decl. at 2 ("On August 25, 2006, SAMHSA assumed financial
    and operational responsibility for 1-800-SUICIDE and twelve other
    toll free numbers previously maintained by KBHC, who was a customer
    of Patriot Communications LLC."); KBHC Comments at 5 (stating that
    in August 2006, KBHC agreed to permit the suicide prevention
    hotlines to be operated by SAMHSA). KBHC later claims that SAMHSA
    only assumed operational responsibility for 1-800-SUICIDE. *See*
    Letter from Danny E. Adams, Counsel for Kristin Brooks Hope Center,
    to Marlene H. Dortch, Secretary, FCC, CC Docket No. 95-155 at 2
    (filed Dec. 22, 2006) (explaining that KBHC has searched its notes
    and records and cannot find any reference to SAMHSA assuming
    operational control of any number other than 1-800-SUICIDE).

[^12]: *See* KBHC Comments at 5-8; *see also* Kristin Brooks Hope Center
    and 1-800-SUICIDE Petition for Cease and Desist Order and For
    Sanctions Against Patriot Communications LLC and McLeodUSA
    Incorporated, CC Docket 95-155, Attach. E (filed Dec. 15, 2006);
    SAMHSA Supplement. We are not addressing the merits of, or the
    relief sought by, KBHC's petition in this Order.

[^13]: *See* KBHC Comments Attach. C; *see also* SAMHSA Supplement.

[^14]: SAMHSA Dec. 12 Letter at 1.

[^15]: SAMHSA Dec. 12 Letter at 1; SAMHSA Supplement at 3.

[^16]: *See* 47 C.F.R. §§ 52.20 *et seq*. McLeod has stated in a letter
    to the Commission that it will "promptly port these toll free
    \[suicide prevention hotlines\] to the carrier and/or responsible
    organization designated by SAMHSA." Letter from William A. Haas,
    Vice President, Deputy General Counsel McLeodUSA Telecommunications
    Services, Inc., to Marlene H. Dortch, Secretary, FCC, CC Docket No.
    95-155 (filed Dec. 19, 2006).

[^17]: 47 U.S.C. § 251(e)(1).

[^18]: *Toll Free Service* Access *Codes*, CC Docket No. 95-155, Second
    Report and Order, 12 FCC Rcd 11162, 11176, para. 18 (1997) (*Toll
    Free Second Report and Order*); *see also* 47 U.S.C. §§ 151, 251(e).

[^19]: 47 U.S.C. § 151.

[^20]: 47 U.S.C. § 154(i). Furthermore, section 1.3 of our rules
    authorizes the Commission to suspend, revoke, amend, or waive a
    Commission rule for good cause shown. 47 C.F.R. § 1.3. This rule
    provides that "\[a\]ny provision of the rules may be waived by the
    Commission on its own motion or on petition if good cause therefore
    is shown." *Id.*

[^21]: *Toll Free Service Access Codes*, CC Docket No. 95-155, Fourth
    Report and Order and Memorandum Opinion and Order, 13 FCC Rcd 9058,
    9061, n.14 (1998) (*Toll Free Fourth Report and Order*); *see also
    Toll Free Service Access Codes*, CC Docket No. 95-155, Notice of
    Proposed Rulemaking, 10 FCC Rcd 13692, 13702, para. 36 (1995);
    *Administration of the North American Numbering* Plan, CC Docket No.
    92-237, Report and Order, 11 FCC Rcd 2588, 2591, para. 4 (1995).

[^22]: *See, e.g., StarNet, Inc*., 355 F.3d 634, 637 (7th Cir. 2004).

[^23]: *See Toll Free Second Report and Order*, 12 FCC Rcd at 11179,
    para. 22; *Toll Free Fourth Report and Order*, 13 FCC Rcd at 9061,
    para. 6.

[^24]: *See* 47 C.F.R. § 52.111.

[^25]: Section 52.111 of the Commission's rules states: "Toll free
    numbers shall be made available on a first-come, first-served basis
    *unless otherwise directed by the Commission*." 47 C.F.R. § 52.111
    (emphasis added).

[^26]: *See, e.g.*, SAMHSA August 25 Letter at 2 (stating that
    1-800-SUICIDE receives 30,000 calls per month); *see also* American
    Association of Suicidology Comments at 1 (supporting Commission
    action to stabilize the operation of 1-800-SUICIDE by transferring
    the number to SAMHSA); National Association of State Mental Health
    Program Directors Comments at 1-2 (stating that the Association is
    "deeply concerned" that any break in hotline availability could
    result in loss of life and that FCC action is necessary to ensure
    the continued use of this public service).

[^27]: *See* Opposition of Patriot Communications LLC to Kristin Brooks
    Hope Center's Petition for Cease and Desist and For Sanctions at 1
    (filed Jan. 3, 2007) (stating that Patriot will continue to provide
    service to the numbers beyond January 9, 2007).

[^28]: We emphasize that we are taking this extraordinary, emergency
    action in light of the life-threatening situation posed by the
    potential loss of this critical public service. *See, e.g.*, *Red
    Cross Order*, 20 FCC Rcd at 15089, para. 1 (reassigning temporarily
    1-800-RED CROSS in the wake of Hurricane Katrina).

[^29]: KBHC Comments at 12.

[^30]: *See* SAMHSA Supplement Broderick Decl. at 2; *see also* KBHC
    Comments at 4.

[^31]: *See* AT&T Dec. 29 *Ex Parte* Letter at 1.

[^32]: *See* SAMHSA Supplement Broderick Decl. at 2-3.

[^33]: *See* 47 U.S.C. § 155(c).