FCC Web Documents citing 52.107

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4681A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4681A1.pdf
  • The knowing and willful making of any false statement, or the concealment of any material fact, in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. � 1001. Thank you in advance for your anticipated cooperation. Sincerely, Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission Enclosures See 47 C.F.R. �� 52.105 and 52.107. A copy of these provisions is enclosed for your convenience. 47 U.S.C. � 251(e)(1). See also Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order). See Second Report and Order, 12 FCC Rcd 11162 (1997). See also Toll Free Service Access
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-825A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-825A1.pdf
  • of any false statement, or the concealment of any material fact, in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. � 1001. Thank you in advance for your anticipated cooperation. Sincerely, Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission Enclosures cc: Todd Daubert Isaac Himowitz See 47 C.F.R. �� 52.105 and 52.107. A copy of these provisions is enclosed for your convenience. 47 U.S.C. � 154(i). 47 U.S.C. S 154(j). 47 U.S.C. � 403. 47 U.S.C. � 251(e)(1). See also Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order). See Second Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2754A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2754A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2754A1.txt
  • published in the Code of Federal Regulations at 47 C.F.R. section 52.101 et seq., do not provide for toll-free numbers to be transferred directly from one subscriber to another. In particular, the ``lag time'' regulations at section 52.103 provide only for numbers to be returned to Spare Status when subscribers no longer use them. Also, the ``hoarding'' regulations at section 52.107 prohibit selling a toll free number for a fee. These rules implement the Commission's policy that numbers must be made available to subscribers on a "first come, first served" basis. Direct transfers of numbers between subscribers contravene the lag time and hoarding rules and violate the "first come, first served" policy. The SMS Tariff similarly does not permit toll-free numbers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4681A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4681A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4681A1.txt
  • The knowing and willful making of any false statement, or the concealment of any material fact, in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. � 1001. Thank you in advance for your anticipated cooperation. Sincerely, Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission Enclosures See 47 C.F.R. �� 52.105 and 52.107. A copy of these provisions is enclosed for your convenience. 47 U.S.C. � 251(e)(1). See also Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order). See Second Report and Order, 12 FCC Rcd 11162 (1997). See also Toll Free Service Access
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • fair, and orderly allocation of toll-free numbers, as it is required to do under section 251(e) of the Communications Act, as amended. Hoarding causes toll-free numbers to remain inactive and unavailable for subscribers who need working toll-free numbers, which can exacerbate toll-free number shortage and exhaustion issues. Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e). Section Number and Title: 52.107 Hoarding. Brief Description: This rule caps the total number of toll-free numbers a RespOrg may have in reserved status to the greater of 7.5 percent of the RespOrg's total working numbers or 2000 numbers, and concludes that no RespOrg may have in reserved status, at any time, more than 3 percent of the numbers that were in the spare pool
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-825A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-825A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-825A1.txt
  • of any false statement, or the concealment of any material fact, in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. � 1001. Thank you in advance for your anticipated cooperation. Sincerely, Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission Enclosures cc: Todd Daubert Isaac Himowitz See 47 C.F.R. �� 52.105 and 52.107. A copy of these provisions is enclosed for your convenience. 47 U.S.C. � 154(i). 47 U.S.C. S 154(j). 47 U.S.C. � 403. 47 U.S.C. � 251(e)(1). See also Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order). See Second Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1604A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1604A1.pdf
  • 855 toll free numbers would be in addition to these rules. See 47 C.F.R � 52.105(a) (defining warehousing as the ``practice whereby Responsible Organizations, either directly or indirectly through an affiliate, reserve toll free numbers from the Service Management System database without having an actual toll free subscriber for whom those numbers are being reserved.''); see also 47 C.F.R � 52.107(a) (``hoarding is the acquisition by a toll free subscriber from a Responsible Organization of more toll free numbers than the toll free subscriber intends to use for the provision of toll free service. The definition of hoarding also includes number brokering, which is the selling of a toll free number by a private entity for a fee.''). See generally 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1885A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1885A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1885A1.txt
  • a 30-day allocation period gives the 425 RespOrgs sufficient opportunity to reserve their customers' most desired 855 vanity numbers. A daily allotment affords RespOrgs multiple attempts to satisfy the needs of subscribers looking for a vanity number that meets their needs. We believe anything beyond 30 days would unnecessarily restrict access to 855 numbering resources. See 47 C.F.R �� 52.105, 52.107; see also Letter from A. Richard Metzger, Jr., Acting Chief, Common Carrier Bureau to Michael Wade, President, Database Service Management, Inc. at 3 (rel. Sept. 29, 1997) (800/888 Allocation Letter); Comments Sought on 855 Toll Free Code Opening Allocation, CC Docket No, 95-155, Public Notice, DA 10-1604 at 2 (rel. Aug. 27, 2010). 47 C.F.R. � 52.111; see also Toll
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308245A2.doc
  • filing a claim with the FCC for their review and decision. Subscribers may also seek remedy in the courts. FCC Toll Free Rules and Orders The FCC has several Rules and Orders in place governing the assignment and use of Toll Free Service numbers: 47 CFR �52.105 (b) Warehousing - Responsible Organizations shall not warehouse Toll Free Numbers. 47 CFR �52.107 (a)(1) Hoarding - Toll Free Subscribers shall not hoard Toll Free Numbers. 47 CFR �52.111 Toll Free Number Assignment - Toll free numbers shall be made available on a first-come, first-served basis unless otherwise directed by the Commission. Order on Reconsideration, CC Docket 95-155, December 21, 2007 in which the FCC stated ``. . . we reaffirm our rules with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-237A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-237A1.pdf
  • letter from James Spurlock, AT&T, Henry G. Hultquist and Mary DeLuca, MCI WorldCom, and Michael B. Fingerhut and Norina T. Moy, Sprint, to Magalie Salas, Secretary, Federal Communications Commission, dated January 7, 2000, at 11 (AT&T, MCI WorldCom, Sprint January 7, 2000, Ex Parte Letter). DSMI Reply Comments at 5-6; BOC Comments at 3-4. The regulations at 47 C.F.R. �� 52.107 provide that available toll free numbers in the SMS/800 database are maintained in ``spare status'' and that a RespOrg may retrieve a number first come, first served, by placing the number in ``reserved status,'' as long as the RespOrg has an identified customer for that number. Numbers in ``reserved status'' must be returned to ``spare status'' if they are not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-163A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-163A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-163A1.txt
  • Order, 13 FCC Rcd at 9061, para. 6; Toll Free Second Report and Order, 12 FCC Rcd. 11179, para. 22. 47 C.F.R. � 52.111. 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). American Red Cross Letter at 2. 47 C.F.R. � 52.107. (...continued from previous page) (continued....) Federal Communications Commission FCC 05-163 Federal Communications Commission FCC 05-163 �@��� �@��� - 5 J V a | } ~ � � - � � � � F � f f � � � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-224A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-224A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-224A1.txt
  • well as information about the subscriber's interexchange carrier. Subscribers may obtain a specific toll-free number, if it is available. B. The Toll-Free Rules The Commission promulgated the toll-free rules to promote the orderly, equitable and efficient use of toll-free numbers. Specifically, the toll-free rules prohibit subscribers from obtaining more toll-free numbers than they intend to use for toll-free service. Section 52.107(a)(2) of the Commission's rules prohibits ``brokering,'' which is the selling of a toll-free number by a private entity for a fee. This rule also provides that a rebuttable presumption of hoarding by a subscriber exists if multiple numbers are routed to the same subscriber. Similarly, the toll-free rules prohibit RespOrgs from reserving toll-free numbers without having identified subscribers for those
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98048.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98048.wp
  • one limited circumstance: assigning the 888 set- aside vanity numbers. The 888 toll free code was the first successor to the 800 code, which was Federal Communications Commission FCC 98-48 58 The 800 toll free code was introduced in 1967. 59 Bell Atlantic Telephone Companies ("Bell Atlantic") Comments at 8. 60 47 U.S.C. 251(e)(1). 61 47 C.F.R. �� 52.105 and 52.107. 62 See 47 C.F.R. � 52.103. 14 in use for almost 30 years before numbers in that code were exhausted.58 As a result, we believe that the arguments advanced by the proponents of the right-of-first-refusal assignment system are most compelling as applied to the allocation of 888 vanity numbers. Although 888 numbers are now in widespread use (and, indeed, approaching
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4681A1.html
  • The knowing and willful making of any false statement, or the concealment of any material fact, in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. S: 1001. Thank you in advance for your anticipated cooperation. Sincerely, Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission Enclosures See 47 C.F.R. S:S: 52.105 and 52.107. A copy of these provisions is enclosed for your convenience. 47 U.S.C. S: 251(e)(1). See also Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order). See Second Report and Order, 12 FCC Rcd 11162 (1997). See also Toll Free Service Access
• http://transition.fcc.gov/eb/Orders/2008/DA-08-825A1.html
  • of any false statement, or the concealment of any material fact, in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. S: 1001. Thank you in advance for your anticipated cooperation. Sincerely, Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission Enclosures cc: Todd Daubert Isaac Himowitz See 47 C.F.R. S:S: 52.105 and 52.107. A copy of these provisions is enclosed for your convenience. 47 U.S.C. S: 154(i). 47 U.S.C. S 154(j). 47 U.S.C. S: 403. 47 U.S.C. S: 251(e)(1). See also Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order). See Second Report and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98048.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98048.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98048.wp
  • one limited circumstance: assigning the 888 set- aside vanity numbers. The 888 toll free code was the first successor to the 800 code, which was Federal Communications Commission FCC 98-48 58 The 800 toll free code was introduced in 1967. 59 Bell Atlantic Telephone Companies ("Bell Atlantic") Comments at 8. 60 47 U.S.C. 251(e)(1). 61 47 C.F.R. �� 52.105 and 52.107. 62 See 47 C.F.R. � 52.103. 14 in use for almost 30 years before numbers in that code were exhausted.58 As a result, we believe that the arguments advanced by the proponents of the right-of-first-refusal assignment system are most compelling as applied to the allocation of 888 vanity numbers. Although 888 numbers are now in widespread use (and, indeed, approaching
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00237.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00237.txt
  • letter from James Spurlock, AT&T, Henry G. Hultquist and Mary DeLuca, MCI WorldCom, and Michael B. Fingerhut and Norina T. Moy, Sprint, to Magalie Salas, Secretary, Federal Communications Commission, dated January 7, 2000, at 11 (AT&T, MCI WorldCom, Sprint January 7, 2000, Ex Parte Letter). DSMI Reply Comments at 5-6; BOC Comments at 3-4. The regulations at 47 C.F.R. �� 52.107 provide that available toll free numbers in the SMS/800 database are maintained in ``spare status'' and that a RespOrg may retrieve a number first come, first served, by placing the number in ``reserved status,'' as long as the RespOrg has an identified customer for that number. Numbers in ``reserved status'' must be returned to ``spare status'' if they are not
• http://www.fcc.gov/eb/Orders/2007/DA-07-4681A1.html
  • The knowing and willful making of any false statement, or the concealment of any material fact, in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. S: 1001. Thank you in advance for your anticipated cooperation. Sincerely, Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission Enclosures See 47 C.F.R. S:S: 52.105 and 52.107. A copy of these provisions is enclosed for your convenience. 47 U.S.C. S: 251(e)(1). See also Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order). See Second Report and Order, 12 FCC Rcd 11162 (1997). See also Toll Free Service Access
• http://www.fcc.gov/eb/Orders/2008/DA-08-825A1.html
  • of any false statement, or the concealment of any material fact, in reply to this citation is punishable by fine or imprisonment under 18 U.S.C. S: 1001. Thank you in advance for your anticipated cooperation. Sincerely, Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission Enclosures cc: Todd Daubert Isaac Himowitz See 47 C.F.R. S:S: 52.105 and 52.107. A copy of these provisions is enclosed for your convenience. 47 U.S.C. S: 154(i). 47 U.S.C. S 154(j). 47 U.S.C. S: 403. 47 U.S.C. S: 251(e)(1). See also Toll Free Service Access Codes, Second Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order). See Second Report and