Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations 37703

job seat belt use policies and programs

and no additional costs are expected to

be imposed.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

This determination is based on the fact

that the provision simply encourages

Federal grantees to adopt and enforce

on-the-job seat belt use policies and

programs for their employees when

operating company-owned, rented, or

personally owned vehicles. Federal

grantees are also encouraged to conduct

education, awareness, and other

appropriate programs for their

employees about the importance of

wearing seat belts and the consequences

of not wearing them.

This rule does not impose an

unfunded mandate on State, local, or

tribal governments or the private sector

of more than $100 million per year. This

rule does not have a significant or

unique effect on State, local, or tribal

governments or the private sector.

Grantees are being encouraged to adopt

and enforce on-the-job seat belt use

policies and programs and no additional

costs are expected to be imposed. Most

grantees probably already have

programs in place to conduct education

and awareness programs about the

importance of wearing seat belts and the

consequences of not wearing them. No

additional costs are expected to be

imposed. A statement containing the

information required by the Unfunded

Mandates Reform Act (2 U.S.C. 1531 et

seq.) was not required.

In accordance with Executive Order

12630, this rule does not have

significant takings implications. A

takings implication assessment is not

required. No takings of personal

property will occur as a result of this

rule.

In accordance with Executive Order

13132, this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Awards to governmental entities are

governed by 43 CFR part 12, Subpart C.

Under section 12.76, a State is required

to ensure that every purchase order or

other contract includes any clauses

required by Federal statutes and

executive orders and their

implementing regulations. Therefore,

this requirement is not considered to be

interference by the Federal Government

with State rights as described in

Executive Order 13132. A Federalism

Assessment is not required.

In accordance with Executive Order

12988, the Office of the Solicitor

determined that this rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order.

This regulation does not require an

information collection from 10 or more

parties and a submission under the

Paperwork Reduction Act was not

required. An OMB form 83–I was not

required.

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the National

Environmental Policy Act of 1969 was

not required.

Analysis of Comments

One public comment was received in

response to the publication of the

interim final rule. A respondent from

the State of Ohio commented that the

rule was an arbitary, unnecessary and

unwarranted intrusion by the federal

government to affect behavior in an area

tangential, at best, to its constitutional

responsibilities. The commenter

recommended that the rule be

withdrawn so that federal employees

could focus on their real and important

work. The Department is publishing the

regulation because of the requirement in

Section 2 of the Order which directed

all agencies of the executive branch to

promulgate rules to further the policies

of the Order.

An internal commenter objected to

the requirement to include the manual

add-in provision in their grants and

cooperative agreements and asked that

Section 12.2 (e)(3) and its provision be

deleted entirely since it was redundant

and unnecessary. This comment was the

only one received of this nature and to

accommodate their concerns, the final

rule will allow either the inclusion of

the provision or a reference to the

applicability of 43 CFR part 12.

List of Subjects in 43 CFR Part 12

Administrative practice and

procedure, Contract programs,

Cooperative agreements, Grant

programs, Grants administration,

Reporting and recordkeeping

requirements.

Accordingly, the interim rule

amending 43 CFR part 12 which was

published at 64 FR 72287 on December

27, 1999, is adopted as a final rule

without change.

Dated: May 31 2000.

Lisa Guide,

Deputy Assistant Secretary for Policy and

International Affairs.

[FR Doc. 00–15175 Filed 6–15–00; 8:45 am]

BILLING CODE 4310–RF–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 52

[CC Docket No. 99–200; FCC 00–104]

Numbering Resource Optimization

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document implements

numbering resource optimization

measures which will minimize the

negative impact on consumers of

premature area code exhausts; ensure

sufficient access to numbering resources

for all service providers to enter into or

to compete in telecommunications

markets; avoid, at least delay, exhaust of

the NANP and the need to expand the

NANP; impose the least societal cost

possible, and ensure competitive

neutrality, while obtaining the highest

benefit; ensure that no class of carrier or

consumer is unduly favored or

disfavored by our optimization efforts,

and minimize the incentives for carriers

to build and carry excessively large

inventories of numbers.

DATES: The rules in this document are

effective July 17, 2000, except for

§ 52.15(f) which contains information

collection requirements that have not

been approved by the Office of

Management and Budget (OMB). The

Federal Communications Commission

will publish a document in the Federal

Register announcing the effective date

of § 52.15(f).

ADDRESSES: Federal Communications

Commission, Secretary, 445 12th Street,

SW, Room TW–B204F, Washington, DC

20554.

FOR FURTHER INFORMATION CONTACT:

Aaron Goldberger, (202) 418–2320 or

email at agoldberg@fcc.gov or Cheryl

Callahan at (202) 418–2320 or

ccallaha@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order adopted on March 17, 2000,

and released on March 31, 2000. The

full text of this Report and Order is

available for inspection and copying

during normal business hours in the

FCC Reference Center, 445 12th Street,

SW, Washington, DC 20554. The

complete text may also be obtained

through the world wide web, at http://

www.fcc.gov/Bureaus/CommonCarrier/

Orders, or may be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., 1231 20th Street, NW, Washington,

DC 20036.

37704 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations

1 5 U.S.C. 603(b)(3).

2 Id. at 601(3).

3 Id. at 632.

4 13 CFR 121.201.

Synopsis of Report and Order

1. In this Report and Order the

Commission adopted administrative and

technical measures that will allow us to

monitor more closely the way

numbering resources are used within

the NANP. Specifically, we adopted a

mandatory data reporting requirement, a

uniform set of categories of numbers for

which carriers must report their

utilization, and a utilization threshold

framework to increase carrier

accountability and incentives to use

numbers efficiently.

2. In addition, the Commission

adopted a system for allocating numbers

in blocks of one thousand, rather than

ten thousand, wherever possible

(‘‘thousands-block number pooling’’),

and establish a plan for national rollout

of thousands-block number pooling.

Furthermore, we adopt numbering

resource reclamation requirements to

ensure the return of unused numbers to

the NANP inventory for assignment to

other carriers.

3. The Commission also mandated

sequential assignment of numbering

resources within thousands blocks to

facilitate reclamation and the

establishment of thousands-block

number pools.

4. The Commission addressed and

resolved two of the major factors that

contribute to numbering resource

exhaust: the absence of regulatory,

industry or economic control over

requests for numbering resources, which

permits carriers to abuse the allocation

system and stockpile numbers, and the

allocation of numbers in blocks of

10,000, irrespective of the carrier’s

actual need for new numbers.

5. In initially concentrating on these

two areas, the Commission does not

intend to abandon our examination of

those optimization measures not

specifically addressed in this Report

and Order. To the contrary, we intend

to pursue all viable methods available to

us to increase the life of each area code

and of the NANP as a whole and to

forestall, as long as possible, the need

for area code relief and ultimately for

the expansion of the NANP. We first

focus on the above-noted measures

because we are convinced that they can

be implemented quickly and will

produce immediate and measurable

results. We intend to address the

remaining issues discussed in the

Notice of Proposed Rulemaking (64 FR

32471, June 17, 1999) as well as the

additional issues raised in the Further

Notice of Proposed Rulemaking in

subsequent orders as expediently as

possible.

Paperwork Reduction Act of 1995

Analysis

6. The actions contained in this

Report and Order have been analyzed

with respect to the Paperwork

Reduction Act of 1995 and found to

impose a new reporting requirement or

burden on the public. The rules in this

document are effective July 17, 2000,

except for § 52.15(f) which contains

information collection requirements that

have not been approved by the Office of

Management and Budget (OMB). The

Federal Communications Commission

will publish a document in the Federal

Register announcing the effective date.

Final Regulatory Flexibility Analysis

7. As required by the Regulatory

Flexibility Act, 5 U.S.C. 603 (RFA), an

Initial Regulatory Flexibility Analysis

(IRFA) was incorporated into the Notice.

The Commission sought written public

comment on the proposals in the Notice,

including comment on the IRFA. There

were no comments received on the

IRFA. This present Final Regulatory

Flexibility Analysis (FRFA) conforms to

the RFA, as amended by the Contract

with America Advancement Act of 1996

(CWAAA), Public Law 104–121, 100

Stat. 847 (1996).

8. Need for and Objectives of this

Report and Order. In the Notice the

Commission sought public comment on

how best to create national standards for

numbering resource optimization. In

doing so, the primary objective was to

ensure sufficient access to numbering

resources for all service providers that

need them to enter into or to compete

in telecommunications markets; avoid,

or at least delay, exhaust of the NANP

and the need to expand the NANP;

minimize the negative impact on

consumers; impose the least cost

possible, in a competitively neutral

manner, while obtaining the highest

benefit. To ensure that no class of

carrier or consumer is unduly favored or

disfavored by our numbering resource

optimization efforts; and minimize the

incentives for building and carrying

excessively large inventories of

numbers.

9. In this Report and Order the

Commission adopted administrative and

technical measures that will allow it to

monitor more closely the way

numbering resources are used within

the NANP. Specifically, we adopt a

mandatory data reporting requirement, a

uniform set of categories of numbers for

which carriers must report their

utilization, and a utilization threshold

framework to increase carrier

accountability and incentives to use

numbers efficiently. In addition, we

adopt a system for allocating numbers in

blocks of one thousand, rather than ten

thousand, wherever possible

(‘‘thousands-block number pooling’’),

and establish a plan for national rollout

of thousands-block number pooling.

Furthermore, we adopt numbering

resource reclamation requirements to

ensure the return of unused numbers to

the NANP inventory for assignment to

other carriers. We also mandate

sequential assignment of numbering

resources within thousands blocks to

facilitate reclamation and the

establishment of thousands-block

number pools.

10. Description and Estimate of the

Number of Small Entities That May Be

Affected by this Report and Order. The

RFA directs agencies to provide a

description of, and, where feasible, an

estimate of the number of small entities

that may be affected by the proposed

rules, if adopted.1 The Regulatory

Flexibility Act defines the term ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small business,’’ ‘‘small

organization,’’ and ‘‘small business

concern’’ under section 3 of the Small

Business Act.2 A small business concern

is one which: (1) Is independently

owned and operated; (2) is not

dominant in its field of operation; and

(3) satisfies any additional criteria

established by the SBA.3

11. In this FRFA, we have considered

the potential impact of this Report and

Order on all users of telephone

numbering resources. The small entities

possibly affected by these rules include

wireline, wireless, and other entities, as

described below. The SBA has defined

a small business for Standard Industrial

Classification (SIC) categories 4,812

(Radiotelephone Communications) and

4,813 (Telephone Communications,

Except Radiotelephone) to be small

entities having no more than 1,500

employees.4 Although some affected

incumbent local exchange carriers

(ILECs) may have 1,500 or fewer

employees, we do not believe that such

entities should be considered small

entities within the meaning of the RFA

because they are either dominant in

their field of operations or are not

independently owned and operated, and

therefore by definition are not ‘‘small

entities’’ or ‘‘small business concerns’’

under the RFA. Accordingly, our use of

the terms ‘‘small entities’’ and ‘‘small

businesses’’ does not encompass small

ILECs. Out of an abundance of caution,

however, for regulatory flexibility

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations 37705

5See 13 CFR 121.201, SIC code 4813. Since the

time of the Local Competition decision, 61 FR

45476 (Aug. 29, 1996), the Commission has

consistently addressed in its regulatory flexibility

analyses the impact of its rules on such ILECs.

6FCC, Carrier Locator: Interstate Service

Providers at 1–2. This report lists 3,604 companies

that provided interstate telecommunications service

as of December 31, 1997 and was compiled using

information from Telecommunications Relay

Service (TRS) Fund Worksheet filed by carriers (Jan.

1999).

7U.S. Department of Commerce, Bureau of the

Census, 1992 Census of Transportation,

Communications, and Utilities: Establishment and

Firm Size, at Firm Size 1–123 (1995) (1992 Census).

8See generally 15 U.S.C. 632(a)(1).

9 Id.

10SOCC at Table 2.9.

11 5 U.S.C. 601(3).

12Letter from Jere W. Glover, Chief Counsel for

Advocacy, SBA, to William E. Kennard, Chairman,

FCC (May 27, 1999). The Small Business Act

contains a definition of ‘‘small business

concern,’’which the RFA incorporates into its own

definition of ‘‘small business.’’ See 15 U.S.C. 632(a)

(Small Busines Act); 5 U.S.C. 601(3)(RFA). SBA

regulations interpret ‘‘small business concern’’ to

include the concept of dominance on a national

basis. 13 CFR 121.102(b). Since 1996, out of an

abundance of caution, the Commission has

included small incumbent LECs in its regulatory

flexibility analyses. See, e.g., Implementation of the

Local Competition Provisions of the

Telecommunications Act of 1996. First Report and

Order. 11 FCC Rcd 15499, 16144–45 (1996), 61 FR

45476 (Aug. 29, 1996)

13 13 CFR 121.201, SIC code 4813.

14 Locator at 1–2.

15 13 CFR 121.201, SIC code 4813.

16 Locator at 1–2.

analysis purposes, we will separately

consider small ILECs within this

analysis and use the term ‘‘small ILECs’’

to refer to any ILECs that arguably might

be defined by the SBA as ‘‘small

business concerns.’’ 5

12. The most reliable source of

information regarding the total numbers

of certain common carrier and related

providers nationwide, as well as the

numbers of commercial wireless

entities, appears to be data the

Commission publishes annually in its

Carrier Locator: Interstate Service

Providers Report (Locator).6 These

carriers include, inter alia, local

exchange carriers, competitive local

exchange carriers, interexchange

carriers, competitive access providers,

satellite service providers, wireless

telephony providers, operator service

providers, pay telephone operators,

providers of telephone toll service,

providers of telephone exchange

service, and resellers.

13. Total Number of Companies

Affected. The U.S. Bureau of the Census

(Census Bureau) reports that, at the end

of 1992, there were 3,497 firms engaged

in providing telephone services, as

defined therein, for at least one year.7

This number contains a variety of

different categories of carriers, including

local exchange carriers, interexchange

carriers, competitive access providers,

cellular carriers, mobile service carriers,

operator service providers, pay

telephone operators, personal

communications services providers,

covered specialized mobile radio

providers, and resellers. It seems certain

that some of those 3,497 telephone

service firms may not qualify as small

entities or small ILECs because they are

not ‘‘independently owned and

operated.’’ 8 For example, a PCS

provider that is affiliated with an

interexchange carrier having more than

1,500 employees would not meet the

definition of a small business. It is

reasonable to conclude that fewer than

3,497 telephone service firms are small

entity telephone service firms or small

ILECs that may be affected by the

proposed rules, if adopted.

14. Local Service Providers. There are

two principle providers of local

telephone service; ILECS and

competitive local service providers.

Neither the Commission nor the SBA

has developed a definition for small

providers of local exchange services

(LECs). The closest applicable definition

under the SBA rules is for telephone

communications companies other than

radiotelephone (wireless) companies.9

According to data set forth in the FCC

Statistics of Communications Common

Carriers (SOCC), 34 ILECs have more

than 1,500 employees.10 We do not have

data specifying the number of these

carriers that are either dominant in their

field of operations or are not

independently owned and operated, and

thus are unable at this time to estimate

with greater precision the number of

ILECs that would qualify as small

business concerns under the SBA’s

definition. Consequently, we estimate

that fewer than 1,376 ILECs are small

entities that may be affected by the

proposed rules, if adopted.

15. We have included small

incumbent LECs in this present RFA

analysis. As noted above, a ‘‘small

business’’ under the RFA is one that,

inter alia, meets the pertinent small

business size standard (e.g., a telephone

communications business having 1,500

or fewer employees), and ‘‘is not

dominant in its field of operation.’’ 11

The SBA’s Office of Advocacy contends

that, for RFA purposes, small incumbent

LECs are not dominant in their field of

operation because any such dominance

is not ‘‘national’’ in scope.12 We have

therefore included small incumbent

LECs in this RFA analysis, although we

emphasize that this RFA action has no

effect on FCC analyses and

determinations in other, non-RFA

contexts.

16. Competitive Local Service

Providers. This category includes

competitive access providers (CAPs),

competitive local exchange providers

(CLECs), shared tenant service

providers, local resellers, and other

local service providers. Neither the

Commission nor the SBA has developed

a definition of small entities specifically

applicable to competitive local service

providers. The closest applicable

definition under the SBA rules is for

telephone communications companies

other than radiotelephone (wireless)

companies.13 According to the most

recent Locator data, 145 carriers

reported that they were engaged in the

provision of competitive local service.14

We do not have data specifying the

number of these carriers that are not

independently owned or operated, and

thus are unable at this time to estimate

with greater precision the number of

competitive local service providers that

would qualify as small business

concerns under the SBA’s definition.

Consequently, we estimate that there are

fewer than 145 small entity competitive

local service providers that may be

affected by the proposed rules, if

adopted.

17. Providers of Toll Service. The toll

industry includes providers of

interexchange services (IXCs), satellite

service providers and other toll service

providers, primarily resellers. Neither

the Commission nor the SBA has

developed a definition of small entities

specifically applicable to providers of

toll service. The closest applicable

definition under the SBA rules is for

telephone communications companies

other than radiotelephone (wireless)

companies.15 According to the most

recent Locator data, 164 carriers

reported that they were engaged in the

provision of toll services.16 We do not

have data specifying the number of

these carriers that are not independently

owned and operated or have more than

1,500 employees, and thus are unable at

this time to estimate with greater

precision the number of toll providers

that would qualify as small business

concerns under the SBA’s definition.

Consequently, we estimate that there are

fewer than 164 small entity toll

providers that may be affected by the

proposed rules, if adopted.

18. Resellers. This category includes

toll resellers, operator service providers,

pre-paid calling card providers, and

other toll service providers. Neither the

Commission nor the SBA has developed

a definition of small entities specifically

applicable to resellers. The closest

37706 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations

17 13 CFR 121.201, SIC code 4813.

18 Locator at 1–2.

19 13 CFR 121.201, SIC code 4813.

20 Locator at 1–2.

21 13 CFR 121.201, SIC code 4841.

22 1992 Economic Census Industry and Enterprise

Receipts Size Report, Table 2D, SIC code 4841 (U.S.

Bureau of the Census data under contract to the

Office of Advocacy of the U.S. Small Business

Administration).

23 47 CFR 76.901(e). The Commission developed

this definition based on its determination that a

small cable system operator is one with annual

revenues of $100 million or less. Implementation of

Sections of the 1992 Cable Act: Rate Regulation,

Sixth Report and Order and Eleventh Order on

Reconsideration, 10 FCC Rcd 7393 (1995), 60 FR

10534 (Feb. 27, 1995).

24Paul Kagan Associates, Inc., Cable TV Investor,

Feb. 29, 1996 (based on figures for Dec. 30, 1995).

25 47 U.S.C. 543(m)(2).

26 47 CFR 76.1403(b).

27Paul Kagan Associates, Inc., Cable TV Investor,

supra.

28We do receive such information on a case-bycase basis only if a cable operator appeals a local

franchise authority’s finding that the operator does

not qualify as a small cable operator pursuant to

section 76.1403(b) of the Commission’s rules. See

47 CFR 76.1403(d).

29See also Notice, 64 FR 32471, for an Initial

Paperwork Reduction Act analysis.

applicable SBA definition for a reseller

is a telephone communications

company other than radiotelephone

(wireless) companies.17 According to

the most recent Locator data, 405

carriers reported that they were engaged

in the resale of telephone service.18 We

do not have data specifying the number

of these carriers that are not

independently owned or operated, and

thus are unable at this time to estimate

with greater precision the number of

resellers that would qualify as small

business concerns under the SBA’s

definition. Consequently, we estimate

that there are fewer than 405 small

entity resellers that may be affected by

the proposed rules, if adopted.

19. Wireless Telephony and Paging

and Messaging. Wireless telephony

includes cellular, personal

communications service (PCS) or

specialized mobile radio (SMR) service

providers. Neither the Commission nor

the SBA has developed a definition of

small entities applicable to cellular

licensees, or to providers of paging and

messaging services. The closest

applicable SBA definition for a reseller

is a telephone communications

company other than radiotelephone

(wireless) companies.19 According to

the most recent Locator data, 732

carriers reported that they were engaged

in the provision of wireless telephony

and 137 companies reported that they

were engaged in the provision of paging

and messaging service.20 We do not

have data specifying the number of

these carriers that are not independently

owned or operated, and thus are unable

at this time to estimate with greater

precision the number that would qualify

as small business concerns under the

SBA’s definition. Consequently, we

estimate that fewer than 732 carriers are

engaged in the provision of wireless

telephony and fewer than 137

companies are engaged in the provision

of paging and messaging service.

20. Cable and Pay Television Service

Providers. The SBA has developed a

definition of small entities for cable and

other pay television services, which

includes all such companies generating

$11 million or less in revenue

annually.21 This definition includes

cable systems operators, closed circuit

television services, direct broadcast

satellite services, multi-point

distribution systems, satellite master

antenna systems and subscription

television services. According to the

Census Bureau data from 1992, there

were 1,788 total cable and other pay

television services and 1,423 had less

than $11 million in revenue.22

21. The Commission has developed

its own definition of a small cable

system operator for the purposes of rate

regulation. Under the Commission’s

rules, a ‘‘small cable company’’ is one

serving fewer than 400,000 subscribers

nationwide.23 Based on our most recent

information, we estimate that there were

1,439 cable operators that qualified as

small cable system operators at the end

of 1995.24 Since then, some of those

companies may have grown to serve

over 400,000 subscribers, and others

may have been involved in transactions

that caused them to be combined with

other cable operators. Consequently, we

estimate that there are fewer than 1,439

small entity cable system operators.

22. The Communications Act also

contains a definition of a small cable

system operator, which is ‘‘a cable

operator that, directly or through an

affiliate, serves in the aggregate fewer

than 1 percent of all subscribers in the

United States and is not affiliated with

any entity or entities whose gross

annual revenues in the aggregate exceed

$250,000,000.’’ 25 The Commission has

determined that there are 66,000,000

subscribers in the United States.

Therefore, we found that an operator

serving fewer than 660,000 subscribers

shall be deemed a small operator, if its

annual revenues, when combined with

the total annual revenues of all of its

affiliates, do not exceed $250 million in

the aggregate.26 Based on available data,

we find that the number of cable

operators serving 660,000 subscribers or

less totals 1,450.27 We do not request

nor do we collect information

concerning whether cable system

operators are affiliated with entities

whose gross annual revenues exceed

$250,000,000,28 and thus are unable at

this time to estimate with greater

precision the number of cable system

operators that would qualify as small

cable operators under the definition in

the Communications Act. It should be

further noted that recent industry

estimates project that there will be a

total of 66,000,000 subscribers, and we

have based our fee revenue estimates on

that figure.

23. Description of Projected

Reporting, Recordkeeping, and Other

Compliance Requirements.29 This

Report and Order mandates the

following information collection: All

carriers that receive numbering

resources from the NANPA (code

holders), or that receive numbering

resources from a pooling administrator

in thousands-blocks (block holders),

must report forecast and utilization data

to the NANPA on a semi-annual basis.

All carriers, except rural telephone

companies as defined by the

Communications Act of 1934, as

amended, must report their utilization

data at the thousands-block level per

rate center. Rural telephone companies

in areas where local number portability

has not been implemented may report

their utilization data at the NXX per rate

center level. Forecast data will be

reported at the thousands-block per rate

center level in pooling NPAs, and in

non-pooling NPAs at the NXX per NPA

level. Furthermore, carriers not

participating in thousands-block

number pooling must report their

utilization rate along with the months to

exhaust worksheet at the time they

request additional numbering resources.

24. We require all carriers, except

rural telephone companies, to maintain

internal records of their numbering

resources for all 13 categories (5 major,

and 8 subcategories) as defined in

Section C. Carriers are to maintain this

data for a period of not less than 5 years.

25. Other Compliance Requirements.

None.

26. Steps Taken to Minimize

Significant Economic Impact on Small

Entities and Significant Alternatives

Considered. We have concluded that the

cost of data collection will be

minimized if done electronically.

Although we have stated that all carriers

must report their forecast and utilization

data electronically, we have provided

for more than one method. Large and

mid-size carriers may submit by

electronic file transfer similar to FTP.

Smaller carriers may file using a

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations 37707

NANPA-developed spreadsheet format

via Internet-based online access. Very

small carriers may fax their data

submissions to the NANPA. We find it

reasonable to allow any carrier whose

forecast and utilization data has not

changed from the previous reporting

period to simply refile the prior

submission or indicate that there has

been no change since the last reporting.

27. Federal Rules That May Duplicate,

Overlap, or Conflict With the Proposed

Rules. None.

Ordering Clauses

28. Accordingly, it is ordered that,

pursuant to sections 1, 3, 4, 201–205,

251 of the Communications Act of 1934,

as amended, 47 U.S.C. 151, 153, 154,

201–205, 251, and Part 52 of the

Commission’s rules are amended.

29. It is further ordered that the

amendments to §§ 52.7 through 52.19 of

the Commission’s rules as set forth in

the rule changes are effective July 17,

2000, except for § 52.15(f) which

contains information collection

requirements that have not been

approved by OMB. The Federal

Communications Commission will

publish a document in the Federal

Register announcing the effective date.

30. It is further ordered that the

Commission’s Consumer Information

Bureau, Reference Information Center,

shall send a copy of this Report and

Order and Further Notice of Proposed

Rulemaking, including the Initial and

Final Regulatory Flexibility Analyses, to

the Chief Counsel for Advocacy of Small

Business Administration.

List of Subjects in 47 CFR Part 52

Communications common carriers,

Telecommunications, Telephone.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

Rule Changes

For reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 52 as

follows:

PART 52—NUMBERING

1. The authority citation for part 52

continues to read as follows:

Authority: Sections 1, 2, 4, 5, 48 Stat. 1066,

as amended; 47 U.S.C. 151, 152, 154, 155

unless otherwise noted. Interpret or apply

secs. 3, 4, 201–05, 207–09, 218, 225–7, 251–

2, 271 and 332, 48 Stat. 1070, as amended,

1077; 47 U.S.C. 153, 154, 201–205, 207–09,

218, 225–7, 251–2, 271 and 332 unless

otherwise noted.

2. Section 52.5 is amended by adding

paragraph (i) to read as follows:

§ 52.5 Definitions.

* * * * *

(i) Service provider. The term ‘‘service

provider’’ refers to a

telecommunications carrier or other

entity that receives numbering resources

from the NANPA, a Pooling

Administrator or a telecommunications

carrier for the purpose of providing or

establishing telecommunications

service.

3. Section 52.7 is amended by adding

paragraphs (g), (h), (i) and (j) to read as

follows:

§ 52.7 Definitions.

* * * * *

(g) Pooling Administrator (PA). The

term ‘‘Pooling Administrator’’ refers to

the entity or entities responsible for

administering a thousands-block

number pool.

(h) Contamination. Contamination

occurs when at least one telephone

number within a block of telephone

numbers is not available for assignment

to end users or customers. For purposes

of this provision, a telephone number is

‘‘not available for assignment’’ if it is

classified as administrative, aging,

assigned, intermediate, or reserved as

defined in § 52.15(f)(1).

(i) Donation. The term ‘‘donation’’

refers to the process by which carriers

are required to contribute telephone

numbers to a thousands-block number

pool.

(j) Inventory. The term ‘‘inventory’’

refers to all telephone numbers

distributed, assigned or allocated:

(1) To a service provider; or

(2) To a pooling administrator for the

purpose of establishing or maintaining a

thousands-block number pool.

4. Section 52.15 is amended by

adding paragraphs (f), (g), (h), (i) and (j)

to read as follows:

§ 52.15 Central office code administration.

* * * * *

(f) Mandatory reporting

requirements—(1) Number use

categories. Numbering resources must

be classified in one of the following

categories:

(i) Administrative numbers are

numbers used by telecommunications

carriers to perform internal

administrative or operational functions

necessary to maintain reasonable quality

of service standards.

(ii) Aging numbers are disconnected

numbers that are not available for

assignment to another end user or

customer for a specified period of time.

Numbers previously assigned to

residential customers may be aged for

no more than 90 days. Numbers

previously assigned to business

customers may be aged for no more than

360 days.

(iii) Assigned numbers are numbers

working in the Public Switched

Telephone Network under an agreement

such as a contract or tariff at the request

of specific end users or customers for

their use, or numbers not yet working

but having a customer service order

pending. Numbers that are not yet

working and have a service order

pending for more than five days shall

not be classified as assigned numbers.

(iv) Available numbers are numbers

that are available for assignment to

subscriber access lines, or their

equivalents, within a switching entity or

point of interconnection and are not

classified as assigned, intermediate,

administrative, aging, or reserved.

(v) Intermediate numbers are numbers

that are made available for use by

another telecommunications carrier or

non-carrier entity for the purpose of

providing telecommunications service

to an end user or customer. Numbers

ported for the purpose of transferring an

established customer’s service to

another service provider shall not be

classified as intermediate numbers.

(vi) Reserved numbers are numbers

that are held by service providers at the

request of specific end users or

customers for their future use. Numbers

held for specific end users or customers

for more than 45 days shall not be

classified as reserved numbers.

(2) Reporting carrier. The term

‘‘reporting carrier’’ refers to a

telecommunications carrier that receives

numbering resources from the NANPA,

a Pooling Administrator or another

telecommunications carrier.

(3) Data collection procedures. (i)

Reporting carriers shall report

utilization and forecast data to the

NANPA.

(ii) Reporting shall be by separate

legal entity and must include company

name, company headquarters address,

OCN, parent company OCN(s), and the

primary type of business for which the

numbers are being used.

(iii) All data shall be filed

electronically in a format approved by

the Common Carrier Bureau.

(4) Forecast data reporting. (i)

Reporting carriers shall submit to the

NANPA a five-year forecast of their

yearly numbering resource

requirements.

(ii) In areas where thousands-block

number pooling has been implemented:

(A) Reporting carriers that are

required to participate in thousandsblock number pooling shall report

forecast data at the thousands-block

(NXX–X) level per rate center;

37708 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations

(B) Reporting carriers that are not

required to participate in thousandsblock number pooling shall report

forecast data at the central office code

(NXX) level per rate center.

(iii) In areas where thousands-block

number pooling has not been

implemented, reporting carriers shall

report forecast data at the central office

code (NXX) level per NPA.

(iv) Reporting carriers shall identify

and report separately initial numbering

resources and growth numbering

resources.

(5) Utilization data reporting. (i)

Reporting carriers shall submit to the

NANPA a utilization report of their

current inventory of numbering

resources. The report shall classify

numbering resources in the following

number use categories: assigned,

intermediate, reserved, aging, and

administrative. 

(ii) Rural telephone companies, as

defined in the Communications Act of

1934, as amended, 47 U.S.C. 153(37),

that provide telecommunications

service in areas where local number

portability has not been implemented

shall report utilization data at the

central office code (NXX) level per rate

center in those areas.

(iii) All other reporting carriers shall

report utilization data at the thousandsblock (NXX–X) level per rate center.

(6) Reporting frequency. (i) Reporting

carriers shall file forecast and utilization

reports semi-annually on or before

February 1 for the preceding reporting

period ending on December 31, and on

or before August 1 for the preceding

reporting period ending on June 30.

Mandatory reporting shall commence

August 1, 2000.

(ii) State commissions may reduce the

reporting frequency for NPAs in their

states to annual. Reporting carriers

operating in such NPAs shall file

forecast and utilization reports annually

on or before August 1 for the preceding

reporting period ending on June 30,

commencing August 1, 2000.

(iii) A state commission seeking to

reduce the reporting frequency pursuant

to paragraph (f) (6)(ii) of this section

shall notify the Common Carrier Bureau

and the NANPA in writing prior to

reducing the reporting frequency.

(7) Access to data and

confidentiality—States shall have access

to data reported to the NANPA provided

that they have appropriate protections

in place to prevent public disclosure of

disaggregated, carrier-specific data.

(g) Applications for numbering

resources—(1) General requirements.

All applications for numbering

resources must include the company

name, company headquarters address,

OCN, parent company’s OCN(s), and the

primary type of business in which the

numbering resources will be used.

(2) Initial numbering resources.

Applications for initial numbering

resources shall include evidence that:

(i) The applicant is authorized to

provide service in the area for which the

numbering resources are being

requested; and

(ii) The applicant is or will be capable

of providing service within sixty (60)

days of the numbering resources

activation date.

(3) Growth numbering resources. (i)

Applications for growth numbering

resources shall include:

(A) A Months-to-Exhaust Worksheet

that provides utilization by rate center

for the preceding six months and

projected monthly utilization for the

next twelve (12) months; and

(B) The applicant’s current numbering

resource utilization level for the rate

center in which it is seeking growth

numbering resources.

(ii) The numbering resource

utilization level shall be calculated by

dividing all assigned numbers by the

total numbering resources in the

applicant’s inventory and multiplying

the result by 100. Numbering resources

activated in the Local Exchange Routing

Guide (LERG) within the preceding 90

days of reporting utilization levels may

be excluded from the utilization

calculation.

(iii) All service providers shall

maintain no more than a six-month

inventory of telephone numbers in each

rate center or service area in which it

provides telecommunications service.

(iv) The NANPA shall withhold

numbering resources from any U.S.

carrier that fails to comply with the

reporting and numbering resource

application requirements established in

this part. The NANPA shall not issue

numbering resources to a carrier

without an Operating Company Number

(OCN). The NANPA must notify the

carrier in writing of its decision to

withhold numbering resources within

ten (10) days of receiving a request for

numbering resources. The carrier may

challenge the NANPA’s decision to the

appropriate state regulatory

commission. The state regulatory

commission may affirm or overturn the

NANPA’s decision to withhold

numbering resources from the carrier

based on its determination of

compliance with the reporting and

numbering resource application

requirements herein.

(h) [Reserved]

(i) Reclamation of numbering

resources. (1) Reclamation refers to the

process by which service providers are

required to return numbering resources

to the NANPA or the Pooling

Administrator.

(2) State commissions may investigate

and determine whether service

providers have activated their

numbering resources and may request

proof from all service providers that

numbering resources have been

activated and assignment of telephone

numbers has commenced.

(3) Service providers may be required

to reduce contamination levels to

facilitate reclamation and/or pooling.

(4) State commissions shall provide

service providers an opportunity to

explain the circumstances causing the

delay in activating and commencing

assignment of their numbering resources

prior to initiating reclamation.

(5) The NANPA and the Pooling

Administrator shall abide by the state

commission’s determination to reclaim

numbering resources if the state

commission is satisfied that the service

provider has not activated and

commenced assignment to end users of

their numbering resources within six

months of receipt.

(6) The NANPA and Pooling

Administrator shall initiate reclamation

within sixty days of expiration of the

service provider’s applicable activation

deadline.

(7) If a state commission declines to

exercise the authority delegated to it in

this paragraph, the entity or entities

designated by the Commission to serve

as the NANPA shall exercise this

authority with respect to NXX codes

and the Pooling Administrator shall

exercise this authority with respect to

thousands-blocks. The NANPA and the

Pooling Administrator shall consult

with the Common Carrier Bureau prior

to exercising the authority delegated to

it in this provision.

(j) Sequential number assignment. (1)

All service providers shall assign all

available telephone numbers within an

opened thousands-block before

assigning telephone numbers from an

uncontaminated thousands-block,

unless the available numbers in the

opened thousands-block are not

sufficient to meet a specific customer

request. This requirement shall apply to

a service provider’s existing numbering

resources as well as any new numbering

resources it obtains in the future.

(2) A service provider that opens an

uncontaminated thousands-block prior

to assigning all available telephone

numbers within an opened thousandsblock should be prepared to

demonstrate to the state commission:

(i) A genuine request from a customer

detailing the specific need for telephone

numbers; and

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations 37709

(ii) The service provider’s inability to

meet the specific customer request for

telephone numbers from the available

numbers within the service provider’s

opened thousands-blocks.

(3) Upon a finding by a state

commission that a service provider

inappropriately assigned telephone

numbers from an uncontaminated

thousands-block, the NANPA or the

Pooling Administrator shall suspend

assignment or allocation of any

additional numbering resources to that

service provider in the applicable NPA

until the service provider demonstrates

that it does not have sufficient

numbering resources to meet a specific

customer request.

5. Add § 52.20 to read as follows:

§ 52.20 Thousands-block number pooling.

(a) Definition. Thousands-block

number pooling is a process by which

the 10,000 numbers in a central office

code (NXX) are separated into ten

sequential blocks of 1,000 numbers each

(thousands-blocks), and allocated

separately within a rate center.

(b) General requirements. Pursuant to

the Commission’s adoption of

thousands-block number pooling as a

mandatory nationwide numbering

resource optimization strategy, all

carriers capable of providing local

number portability (LNP) must

participate in thousands-block number

pooling where it is implemented and

consistent with the national thousandsblock number pooling framework

established by the Commission.

(c) Donation of thousands-blocks. (1)

All service providers required to

participate in thousands-block number

pooling shall donate thousands-blocks

with less than ten percent

contamination to the thousands-block

number pool for the rate center within

which the numbering resources are

assigned.

(2) All service providers required to

participate in thousands-block number

pooling shall be allowed to maintain at

least one thousands-block per rate

center, even if the thousands-block is

less than ten-percent contaminated, as

an initial block or footprint block.

(3) Telephone numbers assigned to

customers of service providers from

donated thousands-blocks that are

contaminated shall be ported back to the

donating service provider.

(d) Thousands-Block Pooling

Administrator. (1) The Pooling

Administrator shall be a nongovernmental entity that is impartial

and not aligned with any particular

telecommunication industry segment,

and shall comply with the same

neutrality requirements that the NANPA

is subject to under this part.

(2) The Pooling Administrator shall

maintain no more than a six-month

inventory of telephone numbers in each

thousands-block number pool.

[FR Doc. 00–15199 Filed 6–15–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 00–1208, MM Docket No. 97–116;

RM–9050 & RM–9123]

Radio Broadcasting Services; Estero,

Everglades City, LaBelle, and Key

West, FL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to a petition filed

by Keith L. Reising a Notice of Proposed

Rule Making was issued proposing the

allotment of Channel 224A at

Everglades City, Florida. See 62 FR

22900, April 28, 1997. In response to a

counterproposal filed by InterMart

Broadcasting West Coast, Inc., this

document substitutes Channel 223C3 for

Channel 223A at LaBelle, Florida,

reallots Channel 223C3 to Estero,

Florida, and modifies the license for

Station WWWD to specify Estero as its

community of license. The coordinates

for Chanel 223C3 at Estero are 26–21–

50 and 81–46–00. To accommodate the

channel at Estero, we have substituted

Channel 224C1 for Channel 223C1 at

Key West, Florida, and modified the

license for Station WEOW accordingly.

The coordinates for Channel 224C1 at

Key West are 24–40–35 and 81–30–41.

The proposal for Everglades City is

dismissed as it has been determined that

a first local service at Estero will serve

a larger population than an allotment at

Everglades City. With this action, this

proceeding is terminated.

DATES: Effective July 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 97–116,

adopted May 24, 2000, and released

June 2, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 445 Twelfth Street,

SW, Washington, DC. The complete text

of this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Florida, is amended

by removing LaBelle, Channel 223C1

and adding Estero, Channel 223C3 and

by removing Channel 223C1 and adding

Channel 224C1 at Key West.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–15261 Filed 6–15–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–1206; MM Docket No. 99–279; RM–

9716]

Radio Broadcasting Services; Greeley

and Broomfield, CO

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to a proposal filed

on behalf of Chancellor Media/

Shamrock Radio, Licensees L.L.C., the

Commission reallots Channel 223C1

from Greeley to Broomfield, Colorado as

that community’s first local aural

transmission service, and modifies the

license for Station KDJM (formerly

KVOD–FM) accordingly. See 64 FR

54270, October 6, 1999. Coordinates

used for Channel 223C1 at Broomfield,

Colorado, are 40–03–15 NL and 105–04–

12 WL.

DATES: Effective July 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–279,

adopted May 24, 2000, and released