**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: September 2, 2005 Released: September 2, 2005**

By the Commission:

# 

1.  In this order, we grant the emergency request of the American Red
    Cross for reassignment of the toll free number 1-800-RED-CROSS. As
    explained below, we conclude that reassigning this toll free number
    is a critical step in facilitating the Nation's response to the
    disaster wrought by Hurricane Katrina.

2.  As noted in prior orders and public notices, Hurricane Katrina,
    which struck the Gulf Coast of the United States on Monday, August
    29, 2005, caused significant damage in Louisiana, Mississippi, and
    Alabama, including flooding in some areas of these states and
    significant property damage and personal injury.[^1] The national
    chapter of the American Red Cross,[^2] which provides assistance to
    victims of disasters and works closely with government agencies,
    such as the Federal Emergency Management Agency (FEMA), during times
    of major crises, mobilized the largest relief effort in the
    organization's history, opening 230 shelters in six states.[^3]
    Beyond immediate disaster assistance, the national chapter of the
    American Red Cross also will provide vouchers to the thousands of
    victims of Hurricane Katrina to purchase necessities, such as food
    and clothing.[^4] The American Red Cross does not accept individual
    "in-kind" donations of material items. As a result, it relies
    heavily on individual monetary donations through the mail, its
    website, and through its toll-free number. On September 2, 2005, the
    American Red Cross requested the immediate reassignment of
    1-800-RED-CROSS to help in the disaster relief and coordination
    effort for the multi-state area affected by the hurricane.[^5]

3.  In order to better facilitate these vital relief efforts in light of
    the current emergency, we direct the toll-free database
    administrator, Database Service Management, Inc. ("DSMI"), to
    temporarily reassign the toll-free number that spells
    1-800-RED-CROSS (1-800-733-2767) to the national chapter of the
    American Red Cross.[^6] In light of the scale of the disaster and
    the critical need to ensure efficient, effective, and sufficient
    disaster relief operations, we find that good cause exists to waive
    the relevant portions of the Commission's rules to ensure
    reassignment of 1-800-RED-CROSS to the national chapter of the
    American Red Cross.[^7] This action is particularly important given
    the role that charitable donations play in funding the American Red
    Cross. We further conclude that this reassignment is necessary to
    furthering the overwhelming public interest in assisting the
    disaster recovery efforts related to Hurricane Katrina. Reassigning
    1-800-RED-CROSS will greatly assist the American Red Cross -- the
    only non-governmental agency assigned a role as a lead agency in the
    Nation's National Response plan -- to perform its disaster relief,
    coordination, and fundraising efforts by providing an
    easily-recognizable, central telephonic point of contact for the
    American public. Because we recognize that the safety and welfare of
    the general public in the affected area may be at stake, we direct
    DSMI to effectuate the reassignment of 1-800-RED-CROSS immediately.

4.  The Communications Act of 1934,[^8] as amended by the
    Telecommunications Act of 1996, grants the Commission exclusive
    jurisdiction over "those portions of the North American Numbering
    Plan that pertain to the United States."[^9] Section 1 of the Act
    and section 251(e)(1) of the 1996 Act require the Commission to
    "ensure the efficient, fair, and orderly allocation of toll-free
    numbers."[^10] In addition to exclusive jurisdiction over numbering
    resources, the Commission also has an obligation to protect public
    safety[^11] and has broad authority to execute its functions.[^12]
    Telephone numbers are a public resource and neither carriers nor
    subscribers "own" their telephone numbers.[^13] Courts have found
    that no one has a property interest in a telephone number.[^14] 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.[^15]

5.  Consistent with this regulatory framework, toll-free numbers are
    made available to end users on a first-come, first-serve basis
    unless otherwise directed by the Commission.[^16] 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.[^17] We
    find that the catastrophic damage to lives and property caused by
    Hurricane Katrina in the Gulf Coast states warrants a deviation from
    the first-come, first-serve rule in this situation. We also find
    that using the Commission's authority to reassign the
    highly-recognizable 1-800-RED-CROSS (1-800-733-2767) number to the
    national chapter of the American Red Cross will provide critical
    support to the not-for-profit agency in carrying out its functions
    during this time of disaster and assist in protecting public safety.
    We therefore direct DSMI to reassign immediately the toll-free
    number which spells 1-800-RED-CROSS (1-800-733-2767) from 1-800
    IDEAS.com to the national chapter of the American Red Cross.

6.  We understand that, as a practical matter, only the American Red
    Cross can effectively use 1-800-RED-CROSS because the number does
    not spell anything that is of use to other parties.[^18] We
    recognize that reassigning 1-800-RED-CROSS to the American Red Cross
    may result in the imposition of some costs to 1-800-IDEAS.com. In
    this regard, we note that the American Red Cross has represented
    that it will reimburse 1-800 IDEAS.com for the reasonable costs of
    relinquishing this number, and we rely upon this representation in
    making our decision. In addition, we grant this reassignment
    effective for one year from the date of release of this order.
    During the duration of this temporary reassignment, we will examine
    the utility and effectiveness of our action to determine whether any
    extension is warranted or whether we should revisit or modify this
    reassignment. As stated above, we note that the Commission's rules
    expressly prohibit warehousing and hoarding of numbers -- including
    number brokering, which is defined as "the selling of a toll free
    number by a private entity for a fee"[^19] -- and we will be sure to
    investigate any allegations of abuse and to pursue appropriate
    enforcement action against any entity that may violate these rules.

7.  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), and sections 1.3 and 52.111 of the Commission's
    rules, 47 C.F.R. §§ 1.3 and 52.111, that Database Service
    Management, Inc. ("DSMI"), reassign the toll-free number which
    spells 1-800-RED-CROSS (1-800-733-2767) to the national chapter of
    the American Red Cross for a period of one year as described herein.

8.  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, that this action is EFFECTIVE IMMEDIATELY
    UPON RELEASE.

    FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

[^1]: President Bush issued Major Disaster Declarations for these three
    states on that same day. *See*
    [http://www.fema.gov/news/disasters.fema]{.underline}*.* He called
    it one of the "worst natural disasters in our country's history."
    *See*
    [http://www.whitehouse.gov/news/releases/2005/09/20050901-6.html]{.underline}.

[^2]: The American Red Cross is a national organization and
    not-for-profit charity organization. In fact, the American Red Cross
    is the only non-governmental organization specified as a lead agency
    in the Nation's National Response Plan.

[^3]: Mimi Hall, USA Today, "Congress Poised to Allocate Billions in
    Post-Katrina Aid," August 31, 2005, available at
    [http://news.yahoo.com/news?tmpl=story&u=/usatoday/20050831/pl_usatoday/congresspoisedtoallocatebillionsinpostkatrinaaid]{.underline}.

[^4]: *See* The American Red Cross website,
    [http://www.redcross.org/faq/0,1096,0_315\_,00.html#388]{.underline}.

[^5]: Letter from Mary S. Elcano, General Counsel & Corporate Secretary,
    American Red Cross, to Kevin J. Martin, Chairman, FCC (Sept. 2,
    2005) (*American Red Cross Letter*).

[^6]: Currently the American Red Cross is assigned toll-free number
    1-800-HELP-NOW (1-800-435-7669). The toll-free number which spells
    1-800-RED-CROSS (1-800-733-2767) is currently held by a for-profit
    corporation, 1-800 Ideas.com, Inc., which is based in San Diego,
    Calif. and incorporated in Nevada.

[^7]: 47 C.F.R. § 1.3 (authorizing the Commission to suspend, amend, or
    waive its rules for good cause shown); *see* Northeast Cellular
    Telephone Co. v. FCC , 897 F.2d 1164, 1166 (D.C. Cir. 1990).

[^8]: 47 U.S.C. § § 151 et seq. (\"the Act\").

[^9]: Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56
    (\"1996 Act\").

[^10]: *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).

[^11]: 47 U.S.C. § 151.

[^12]: 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.*

[^13]: *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); *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).

[^14]: *See, e.g., In Re* StarNet, Inc., 355 F.3d 634, 637 (7th Cir.
    2004).

[^15]: *Toll Free Fourth Report and Order*, 13 FCC Rcd at 9061, para. 6;
    *Toll Free Second Report and Order*, 12 FCC Rcd. 11179, para. 22.

[^16]: 47 C.F.R. § 52.111.

[^17]: 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*." (emphasis added).

[^18]: *American Red Cross Letter* at 2.

[^19]: 47 C.F.R. § 52.107.