9674 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

1, 2001. Here again, there is a

substantial period of time before this

rule becomes effective, and the

Department does not believe that it is

necessary to extend the effective date of

the rule further, in order to comply with

the intent of the memorandum. The

time between now and October 1, 2001,

affords ample opportunity for the

Department to review the rule before it

becomes effective.

All of these rules will be subject to

review by the Department on the same

basis as the rules the effective dates of

which were postponed pursuant to the

Chief of Staff’s memorandum.

Issued this 2nd day of February at

Washington, DC.

Rosalind A. Knapp,

Acting General Counsel.

[FR Doc. 01–3399 Filed 2–8–01; 8:45 am]

BILLING CODE 4910–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 52 and 64

[CC Docket No. 92–105; FCC 00–256]

The Use of N11 Codes and Other

Abbreviated Dialing Arrangements

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this document the Federal

Communications Commission (FCC or

Commission) granted petitions filed by

the U.S. Department of Transportation

(DOT), and by Information and Referral

providers seeking nationwide

assignment of abbreviated dialing codes.

The assigned dialing codes will be used

for access to traveler information

services and for access to community

information and referral services,

respectively.

DATE: Effective February 9, 2001.

ADDRESSES: Federal Communications

Commission, Secretary, 445 12th Street,

SW, Room TW–B204F, Washington, DC

20554.

FOR FURTHER INFORMATION CONTACT:

Cheryl Callahan at (202) 418–2320, fax

(202) 418–2345, TTY (202) 418–0484, or

ccallaha@fcc.gov. The address is:

Network Services Division, Common

Carrier Bureau, Federal

Communications Commission, The

Portals, 445 12th Street, SW., Suite 6–

A320, Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Third

Report and Order and Order on

Reconsideration in CC Docket No. 92–

105, FCC 00–256 (Third Report and

Order), in the matter of the use of N11

Codes and other abbreviated dialing

arrangements, adopted July 21, 2000,

and released July 31, 2000. The full text

of the item is available for inspection

and copying during the weekday hours

of 9 a.m. to 4:30 p.m. in the

Commission’s Reference Center, Room

CY–A257, 445 12th Street, SW.,

Washington, DC 20554, or copies may

be purchased from the Commission’s

duplicating contractor, ITS, Inc., 445

12th Street, SW, Suite CY–B400,

Washington, DC 20554, phone (202)

857–3800. This Order contains no new

or modified information collections

subject to the Paperwork Reduction Act

of 1995, Public Law 104–13.

Synopsis of the Report and Order

1. N11 codes are abbreviated dialing

arrangements that allow telephone users

to connect with a particular node in the

network by dialing only three digits.

There are only eight possible N11 codes,

making N11 codes among the scarcest of

numbering resources under our

jurisdiction. Of the eight N11 codes

available, the Commission has already

assigned two for nationwide use, and

has been directed by Congress to assign

another. In addition, three other N11

codes are widely used by carriers across

the country, but have not been assigned

by the Commission for such nationwide

use. Thus, at this time, the 211 and 511

codes are the only two N11 codes that

can be assigned and deployed

immediately.

2. The network must be preprogrammed to translate the three-digit

code into the appropriate seven or tendigit telephone number and route the

call accordingly. Among abbreviated

dialing arrangements, ‘‘N11’’ codes are

three-digit codes of which the first digit

can be any digit other than 1 or 0, and

the last two digits are both 1.

3. Prior to the 1996 Act, incumbent

local exchange carriers (LECs), state

commissions, Bellcore and the

Commission performed the functions

relating to numbering administration,

including administration of abbreviated

dialing codes. Section 251(e) of the

Communications Act of 1934, as

amended by the Telecommunications

Act of 1996 (1996 Act), gives the

Commission exclusive jurisdiction over

numbering administration, and over

those portions of the North American

Numbering Plan (NANP) that pertain to

the United States. This section also

provides that the Commission may

delegate all or part of its numbering

administration authority to state

commissions or other entities. In 1992,

the Commission adopted a Notice of

Proposed Rulemaking (N11 NPRM), 7

FCC Rcd 3004, proposing that

incumbent local exchange carriers be

required to provide abbreviated dialing

arrangements. Subsequent to the N11

NPRM, various parties asked the

Commission to designate N11 codes to

facilitate network access to

Telecommunications Relay Service

(TRS) for individuals with hearing or

speech disabilities, to federal

government services, to state

government services, and to nonemergency police services.

4. In 1997, the Commission released

the N11 First Report and Order and

FNPRM, 12 FCC Rcd 5572, in which it

authorized the incumbent LECs, states,

and Bellcore to continue to perform N11

code administrative functions that they

performed prior to the time of

enactment of the 1996 Act. In the N11

First Report and Order and FNPRM, the

Commission assigned 311 on a

nationwide basis for non-emergency

police services, but allowed existing

non-compliant uses of 311 to continue

until the local government in that area

was prepared to activate a nonemergency police 311 service. In

addition, at the discretion of local

jurisdictions, the Commission allowed

311 to be used to access other

government services, but declined to

assign a separate N11 for this purpose.

The Commission also granted the

request for an N11 code to reach

Telecommunications Relay Services

(TRS), assigning 711 nationwide for this

use. Finally, the Commission declined

to: (1) Mandate that N11 numbers be

made available for access to information

services; (2) mandate that an N11 code

be designated for access to federal

government agencies; or (3) disturb the

current uses of 911, 411, 611 and 811 for

access to emergency services, directory

assistance, and LEC repair and business

offices, respectively.

5. The Commission in the N11 First

Report and Order and FNRPM also

requested comment on a number of

issues. Specifically, the issues to be

addressed related to deployment of TRS,

the sale or transfer of N11 codes, and

administration of N11 codes.

Subsequently, several parties filed

requests for reconsideration and/or

clarification of certain matters discussed

in the N11 First Report and Order and

FNPRM. Specifically, the International

Association of Fire Chiefs and

International Municipal Signal

Association (IAFC Petitioners) opposed

any expanded use of N11 codes for nonemergency and commercial uses.

BellSouth sought reconsideration and/or

clarification regarding the status of nonconforming uses of N11 service codes,

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations 9675

including 311 and 711, the ‘‘six-month’’

implementation requirement for 311,

and requirements placed on CMRS

providers with respect to handling 311

calls. It also sought clarification

regarding incumbent LECs’ obligations

to provide 611 and 811 for access to

repair and business offices.

6. The U.S. DOT and the Information

and Referral Petitioners requested

assignment of N11 codes to provide

gateway access to travel information

services and community service

organizations, respectively. The U.S.

DOT does not request a specific N11

dialing code, whereas the Information

and Referral Petitioners seek assignment

of 211, specifically, for their proposal.

Both petitioners contend that the

provision of services using toll-free

numbers or local numbers is not only

inefficient, but limits the widespread

use of travel information or community

services information, and also limits the

accessibility to these services. Both

proposals enjoy widespread support

from a variety of organizations, state and

local governments, and other interested

parties.

7. This Third Report and Order

resolves issues raised in the petitions for

reconsideration that relate to the

manner in which N11 codes are

assigned, and grants the two petitions

for assignment of N11 codes filed by the

U.S. DOT and the Information and

Referral Petitioners. Issues raised in the

N11 First Report and Order regarding

the implementation of 711 are being

addressed in the Second Report and

Order. 15 FCC Rcd 15188. Similarly, the

Commission will address matters

dealing with designation of 911 as the

national emergency number throughout

the United States in a separate order.

8. In the Third Report and Order the

Commission assigns abbreviated dialing

code 511 to be used for access to

traveler information services, and assign

the abbreviated dialing code 211 to be

used for access to community

information and referral services. The

Commission believes that these two

proposals meet the ‘‘pubic interest’’

standards for assignment of N11 codes

established in the N11 First Report and

Order, and this need is demonstrated by

the wide support for the two petitions.

Both petitioners propose to provide

access to their services without an

additional charge to callers, and each

has demonstrated that its service

provides a substantial public benefit.

The Commission denied petitions for

reconsideration of the N11 First Report

and Order filed by the International

Association of Fire Chiefs and

International Municipal Signal

Association (IAFC Petitioners) and

BellSouth. The Commission also

resolved issues raised in the N11

FNPRM, and concluded that the sale or

transfer of N11 codes through private

transactions should not be allowed at

this time. The Commission also

concluded that the Commission should

continue to make assignments of N11

codes, rather than delegate this

authority to the North American

Numbering Plan Administrator

(NANPA) or any other entity.

9. Several commenters contended that

the Commission should initiate a

comprehensive review of our rules and

practices relating to abbreviated dialing

arrangements, due in part to the

‘‘competing’’ petitions, and other

existing users. We decline, at this time,

to do so because we find such a

rulemaking proceeding to be

unnecessary. In this Third Report and

Order, we resolve issues that pertain to

the two pending requests for assignment

of N11 codes. With the exception of one

outstanding petition, we also have

resolved in this Order Third Report and

Order most of the outstanding issues

relating to the N11 proceeding. We also

note that in the three-year period

following the N11 First Report and

Order, we have received only two

petitions for assignment of the

remaining N11 codes, both of which are

resolved in this Order, and both had

overwhelming support. We therefore

decline to initiate a rulemaking and

review of Commission rules and

practices relating to abbreviated dialing

codes at this time.

Regulatory Flexibility Act

10. As required by the Regulatory

Flexibility Act (RFA), an Initial

Regulatory Flexibility Analysis (IRFA)

was incorporated into the N11 First

Report and Order and FNPRM. The

Commission sought written public

comment on the proposals in the N11

First Report and Order, including

comment on the IRFA. The IRFA

requested written public comment on

two issues: (1) The technical feasibility

of implementing 711 access for

telecommunications relay services and

(2) the proprietary nature of N11 codes

and the transfer of the administration of

N11 codes.

11. The first issue concerning the

technical feasibility of implementing

711 access is being addressed in a

companion proceeding captioned the

Second Report and Order. Therefore,

the Commission did not address that

issue in this proceeding. The second

issue concerning the sale or transfer of

N11 codes and the administration of

N11 is addressed in this proceeding. We

conclude that the sale or transfer of the

N11 codes through private transactions

should not be allowed at this time, and

that the Commission should continue to

make assignments of N11 codes, rather

than delegate this authority to another

entity. Therefore, we decline to make

any revisions or modifications to our

rules at this time. The RFA requires that

a Final Regulatory Flexibility Analysis

(FRFA) be completed ‘‘[w]hen an agency

promulgates a final rule * * * ’’. 5

U.S.C. 604(a). Because we are not

adopting any new rules and are not

making any changes to existing rules, a

FRFA is not required.

Ordering Clauses

12. Accordingly, it is ordered,

pursuant to Sections 1, 4(i), and

251(e)(1) of the Communications Act of

1934, as amended, 47 U.S.C. 151, 154(i),

and 251(e)(1), that this Third Report and

Order and Order on Reconsideration is

hereby adopted.

13. The Petition for assignment of an

N11 for access to travel information

services filed by the U.S. Department of

Transportation is granted, and that the

Petition for assignment of 211 for access

to community information and referral

services filed by the Information and

Referral providers is granted.

14. The Petitions for Reconsideration

and/or Clarification filed by Arch,

BellSouth, Interactive Services

Association, and International

Association of Fire Chiefs and

International Municipal Signal

Association are denied.

15. 511 is assigned as a national

abbreviated dialing code to be used

exclusively for access to travel

information services as of the effective

date of this Third Report and Order.

16. That 211 is assigned as a national

abbreviated dialing code to be used for

access to community information and

referral services as of the effective date

of this Third Report and Order.

Federal Communications Commission.

Shirley Suggs,

Chief, Publications Branch.

[FR Doc. 01–3324 Filed 2–8–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–185, MM Docket No. 97–188, RM–

9137]

Radio Broadcasting Services; Walnut

Grove, MS

AGENCY: Federal Communications

Commission.