Sec. 52.26  NANC Recommendations on Local Number Portability 
          Administration.

    (a) Local number portability administration shall comply with the 
recommendations of the North American Numbering Council (NANC) as set 
forth in the report to the Commission prepared by the NANC's Local 
Number Portability Administration Selection Working Group, dated April 
25, 1997

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(Working Group Report) and its appendices, which are incorporated by 
reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. Except that: 
Section 7.10 of Appendix D of the Working Group Report is not 
incorporated herein.
    (b) In addition to the requirements set forth in the Working Group 
Report, the following requirements are established:
    (1) If a telecommunictions carrier transmits a telephone call to a 
local exchange carrier's switch that contains any ported numbers, and 
the telecommunications carrier has failed to perform a database query to 
determine if the telephone number has been ported to another local 
exchange carrier, the local exchange carrier may block the unqueried 
call only if performing the database query is likely to impair network 
reliability;
    (2) The regional limited liability companies (LLCs), already 
established by telecommunications carriers in each of the original Bell 
Operating Company regions, shall manage and oversee the local number 
portability administrators, subject to review by the NANC, but only on 
an interim basis, until the conclusion of a rulemaking to examine the 
issue of local number portability administrator oversight and management 
and the question of whether the LLCs should continue to act in this 
capacity; and
    (3) The NANC shall provide ongoing oversight of number portability 
administration, including oversight of the regional LLCs, subject to 
Commission review. Parties shall attempt to resolve issues regarding 
number portability deployment among themselves and, if necessary, under 
the auspices of the NANC. If any party objects to the NANC's proposed 
resolution, the NANC shall issue a written report summarizing the 
positions of the parties and the basis for the recommendation adopted by 
the NANC. The NANC Chair shall submit its proposed resolution of the 
dispuited issue to the Chief of the Common Carrier Bureau as a 
recommendation for Commission review. The Chief of the Common Carrier 
Bureau will place the NANC's proposed resolution on public notice. 
Recommendations adopted by the NANC and forwarded to the Bureau may be 
implemented by the parties pending review of the recommendation. Within 
90 days of the conclusion of the comment cycle, the Chief of the Common 
Carrier Bureau may issue an order adopting, modifying, or rejecting the 
recommendation. If the Chief does not act within 90 days of the 
conclusion of the comment cycle, the recommendation will be deemed to 
have been adopted by the Bureau.
    (c) The Director of the Federal Register approves this incorporation 
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the Working Group Report and its appendices can be obtained 
from the Commission's contract copier, International Transcription 
Service, Inc., 1231 20th St., N.W., Washington, D.C. 20036, and can be 
inspected during normal business hours at the following locations; 1919 
M Street, N.W., Room 239 (FCC Reference Center), Washington, D.C. 20554 
or at the Office of the Federal Register, 800 North Capitol Street, 
N.W., Suite 700, Washington, D.C. The Working Group Report and its 
appendices are also available in the Internet at http://www.fcc.gov/ccb/
Nanc/.

[ 62 FR 48786 , Sept. 17, 1997]

    Effective Date Note: At  62 FR 48786 , Sept. 17, 1997. Sec. 52.26 was 
added, effective Oct. 17, 1997.