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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Telephone Number Portability ) ) Petition for Extension of the Deployment ) Schedule for Long-Term Database ) Methods for Local Number Portability: ) Phase III ) NSD File No. L-98-117 ) OGC Telecomm Ltd. d/b/a ) Integra Telecomm ) ORDER Adopted: October 20, 1998 Released: October 20, 1998 By the Chief, Network Services Division, Common Carrier Bureau: 1. In this Order, we grant the petition to extend the Phase III local number portability (LNP) deadline in the Portland, Oregon Metropolitan Statistical Area (MSA) filed by OGC Telecomm Ltd. d/b/a Integra Telecomm (OGC Telecomm). In addition, we grant OGC Telecomm's related petition to waive the requirement that such extension requests be made 60 days before the relevant deadline. 2. In a series of orders, we granted a number of petitions to extend the LNP deployment schedule based on the change of the LNP administrator in the Southeast, Western, and West Coast regions. In addition, we granted several extensions based on certain technical problems. A brief discussion of LNP and the effects occasioned by the change of LNP administrator may be found in the Phase I Extension Order. 3. On September 2, 1998, OGC Telecomm filed a petition to extend the Phase III implementation deadline from September 21, 1998, to November 21, 1998, and to waive the 60-day advance notification requirement contained in 47 C.F.R. section 52.23(e) for the Portland MSA. 4. OGC Telecomm states that it began operating as a competitive local exchange carrier (CLEC) in 1997. The company explains that it is seeking an extension until November 21, 1998 because of vendor delays in providing the software necessary to upgrade the company's 5ESS central office switch in the Portland MSA to support number portability and because US West and GTE were unable to engage in inter-company, interconnection testing with OGC Telecomm until October 1998, after the Phase III implementation deadline of September 21, 1998. OGC Telecomm states that it has successfully completed the upgrades necessary to integrate LNP into its network, has entered into a contract with the Western Regional number portability administrator, is in the process of upgrading its SS7 service to provide LNP, and is in final contract negotiations with its SS7 provider. 5. OGC Telecomm indicates that prior to July 22, 1998, it was not clear that it would be necessary to delay implementing LNP in Portland. OGC Telecomm explains also that once it became clear that the cost of LNP deployment would account for ten percent of its annual budget, it determined that it needed to obtain approval from its Board of Directors, which it received only on July 22, 1998. In light of these circumstances, the company began to consider whether to seek a delay in implementation, and retained counsel, which then informed the company of the need to seek a waiver of the 60-day advance notification requirement set forth in 47 C.F.R. section 52.23(e). 6. Under section 1.3 of the Commission's rules, waivers may be granted "if good cause therefor is shown." The U.S. Court of Appeals for the District of Columbia Circuit concluded that a waiver may be granted if "special circumstances warrant a deviation from the general rule and such a deviation will serve the public interest." 7. In this case, OGC Telecomm requests a two-month extension until November 21, 1998 because its vendor could not supply and install the software necessary to support number portability in time to meet the Phase III implementation deadline, nor could US West and GTE allocate time slots for inter- company testing with OGC Telecomm until after the September 21, 1998 Phase III implementation deadline had passed. We find that the circumstances presented here satisfy the good cause requirement of the Commission's rules and grant OGC Telecomm an extension until November 21, 1998 to implement LNP in the Portland MSA. We also find that waiver of the 60-day advance notification requirement contained in 47 C.F.R. section 52.23(e) is warranted. 8. IT IS THEREFORE ORDERED, pursuant to section 1.3 of the Commission's rules, 47 C.F.R.  1.3, and under the authority delegated in sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that OGC Telecomm's petition to waive the 60-day advance filing requirement is GRANTED. 9. IT IS FURTHER ORDERED, pursuant to sections 1.3 and 52.23(e) of the Commission's rules, 47 C.F.R.  1.3, 52.23(e), and under authority delegated in sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that OGC Telecomm's Petition for Extension is GRANTED, thereby extending the date for OGC Telecomm's implementation of LNP until November 21, 1998 in the Portland MSA. FEDERAL COMMUNICATIONS COMMISSION Anna M. Gomez Chief, Network Services Division Common Carrier Bureau