********************************************************    
                                                         NOTICE
       ********************************************************
                                                               
                               This document was converted from
                              WordPerfect to ASCII Text format.
                                                               
      Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
                         will not show up in this text version.
                                                               
All text attributes such as bold, italic, underlining, etc. from the
       original document will not show up in this text version.
                                                               
               Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
                     will not be preserved in the text version.
                                                               
                If you need the complete document, download the
    WordPerfect version or Adobe Acrobat version, if available.
                                                               
*****************************************************************
                                                                                                                     DA 99-1289
                                
                           Before the
               Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Bristol Bay Cellular Partnership   )    CWD File No. 98-108
                                )
Petition for Extension of Waiver   )    
of Section 52.31 Concerning the )
Deadline for Developing Querying   )
Capability for Local Number     )
Portability                     )
                                )
Petition for Waiver of Section 52.31    )
Concerning the Deadline for     )
Implementing Service Provider   )
Local Number Portability        )
                                )
Telephone Number Portability    )  CC Docket No. 95-116
 
                             ORDER

Adopted:  June 30, 1999                                           Released:  June 30, 1999

By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:
                                
                        I.  INTRODUCTION

     1.   On May 14, 1999, Bristol Bay Cellular Partnership (Bristol Bay) filed a petition
seeking:  (1) an extension of the waiver granted by the Commercial Wireless Division (Division)
that deferred the deadline for Bristol Bay to comply with the querying requirements in section
52.31(b) of the Commission's local number portability (LNP) rules until June 30, 1999; and (2) a
waiver that would permit Bristol Bay to delay implementation of service provider LNP beyond
June 30, 1999.  For the reasons discussed below, we grant Bristol Bay an extension of the waiver
of the querying requirement in section 52.31(b).  We also dismiss Bristol Bay's request for a
waiver to delay implementation of service provider LNP beyond June 30, 1999 because such a
waiver is not necessary to achieve the result requested.

                                
                        II.  BACKGROUND

     2.   Section 52.23(b) of the Commission's rules requires all local exchange carriers 
(LECs) in the top 100 Metropolitan Statistical Areas (MSAs) to offer service provider LNP,
which permits a customer to port its telephone number from one carrier to another in the same
local calling area, by December 31, 1998.  Outside the top 100 MSAs, LECs must offer service
provider LNP within six months of receiving a request from another carrier to do so, provided the
request is made on or after January 1, 1999.  These implementation deadlines do not apply to
"covered" commercial mobile radio service (CMRS) providers, who are subject to a different
schedule for implementation of service provider LNP.  Section 52.31(b) of the Commission's
rules, however, does require all covered CMRS providers to be able to deliver calls from their
networks to ported numbers anywhere in the country by December 31, 1998.  To meet this
requirement, covered CMRS providers must have the ability to perform database queries to
determine the correct routing of a call to a ported number, or must make arrangements to have
the query performed by a third party.  For calls originating on a covered CMRS provider's system
to points outside the system, the covered CMRS provider is responsible for querying only if it is
transferring the call directly to the terminating carrier rather than to an interexchange carrier
(IXC).  

     3.   Bristol Bay provides cellular service to fishing villages and other small
communities in western Alaska.  On December 30, 1998, we granted Bristol Bay a waiver of the
requirement in section 52.31(b) that covered CMRS providers develop querying capability by
December 31, 1998.  In that Order, we explained that the only possible circumstance under
which Bristol Bay could be responsible for routing calls to ported numbers would be if another
carrier in or near Bristol Bay's service area deploys service provider LNP, and Bristol Bay directly
routes calls to that carrier.  We determined that the earliest date that any LEC in Alaska could
be required to implement service provider LNP was June 30, 1999 because: (1) none of the 100
largest MSAs (where LECs must deploy service provider LNP by December 31, 1998) is located
in Alaska; and (2) LECs outside the 100 largest MSAs must offer service provider LNP within six
months after receiving a request from a competing carrier, provided that the competing carrier
submits the request no earlier than January 1, 1999.  In light of this determination, we concluded
that there was no reason to require Bristol Bay to be able to perform database queries before June
30, 1999 and, accordingly, we extended the deadline for Bristol Bay to develop querying
capability until June 30, 1999.  Because we concluded that Bristol Bay was entitled to a limited
extension for the reasons discussed above, we did not reach the issue of whether the technical and
financial challenges faced by Bristol Bay in bringing cellular service to remote areas of Alaska
warranted an open-ended waiver of the querying requirement in section 52.31(b). 

     4.   In addition, we concluded that Bristol Bay should be entitled to further extensions
of the querying deadline as long as there continues to be no carrier in Alaska that: 1) receives calls
routed directly from Bristol Bay's system; and 2) is required to deploy service provider LNP
pursuant to section 52.23(c) of the Commission's rules based on a competing carrier's request. 
We stated that we would allow Bristol Bay to renew this extension for additional six month
increments, provided that Bristol Bay certifies in each renewal request that the above conditions
are met.

                        III.  DISCUSSION

     5.   In its petition for an extension of our waiver of the querying requirement in section
52.31(b), Bristol Bay certifies that there continues to be no carrier in Alaska that receives calls
routed directly from Bristol Bay's system and is required to deploy service provider LNP pursuant
to section 52.23(c) based on a competing carrier's request.  Thus, consistent with our analysis in
the Waiver Order, as described in Section II supra, we find that an extension of our waiver of the
querying requirement in section 52.31(b) is warranted.  

     6.   Rather than requiring Bristol Bay to continue to renew this extension every six
months, however, we find that it is appropriate to extend the waiver at issue until such time as a
carrier in Alaska that receives calls routed directly from Bristol Bay's system receives a request
from a competing carrier to deploy service provider LNP pursuant to section 52.23(c).  Bristol
Bay is required to monitor whether any carrier that receives calls routed directly from Bristol
Bay's system receives a request to deploy service provider LNP.  If such a request is received,
Bristol Bay must comply with the querying requirement in section 52.31(b) prior to the deadline
by which the carrier that receives calls routed directly from Bristol Bay's system must implement
service provider LNP (i.e., within six months of receipt of the request by the carrier subject to
section 52.23(c)).  At the time that Bristol Bay becomes aware that such a request has been
received, Bristol Bay may ask the Division to consider whether any special technical and financial
challenges faced by Bristol Bay in bringing cellular service to remote areas of Alaska warrant
additional extension of the waiver of the querying requirement in section 52.31(b).  

     7.   With respect to Bristol Bay's petition to delay its implementation of service
provider LNP beyond June 30, 1999, we find that a waiver of Commission rules is not necessary
to achieve the result requested.  Under section 52.31(a) of the Commission's rules, covered
CMRS providers must implement service provider LNP in the top 100 MSAs by November 24,
2002 in switches for which another carrier has made a specific request for number portability and,
beginning November 24, 2002, covered CMRS carriers outside the top 100 MSAs must deploy
service provider LNP within six months of receipt of a request to do so.  Because Bristol Bay is
located outside the top 100 MSAs, the earliest date that it could be required to implement service
provider LNP is May 24, 2003 (assuming it receives a request for LNP on or before November
24, 2002).    

                     IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS ORDERED that, pursuant to section 1.3 of the Commission's
Rules, 47 C.F.R.  1.3, and by the authority delegated in sections 0.91 and 0.291 of the
Commission's rules, 47 C.F.R.  0.91 and 0.291, Bristol Bay's petition for extension of the
waiver granted in the Waiver Order IS GRANTED to the extent indicated above.

     9.   IT IS FURTHER ORDERED that, pursuant to section 1.3 of the Commission's
Rules, 47 C.F.R.  1.3, and by the authority delegated in sections 0.91 and 0.291 of the
Commission's rules, 47 C.F.R.  0.91 and 0.291, Bristol Bay's petition for waiver to delay its
implementation of service provider LNP beyond June 30, 1999 IS DISMISSED because such a
waiver is not necessary to achieve the result requested.


                              FEDERAL COMMUNICATIONS COMMISSION



                              Steven E. Weingarten
                              Chief, Commercial Wireless Division
                              Wireless Telecommunications Bureau