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A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 TechnicalDoc InitInitialize Document Style=z   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading Paper>E!n    X X` hp x (#%'0*,.8135@8:"  S*portability through a location routing number (LRN) architecture.D {Oh*ԍSee In re Telephone Number Portability, Second Report and Order, 12 FCC Rcd. 12281, 12287 (1997) (Second Report and Order). Under an LRN architecture, each  S*customers telephone number is matched in one of seven databases "D yO*ԍThe databases roughly match the original Regional Bell Operating Company (RBOC) service territories. with an LRN that identifies the  S*switch that currently serves that telephone number. D {O*ԍSee generally North American Numbering Council, Local Number Portability Administration  yO*Selection Working Group Report [hereinafter NANC Recommendation] App. D (Architecture &  {O *Administrative Plan for Local Number Portability) at 6,  7.2 (April 25, 1997), adopted, Second Report and  {O^ *Order, 12 FCC Rcd. at 1228384; Order & Further Notice, 11FCC Rcd. at 835960, 83998400, 849495; AIN Program, National Communications System, Local Number Portability: AIN and NS/EP  yO *Implications,  6.1 (July 1996) [hereinafter Local Number Portability Report].NANC RECOMMENDATIONNP REPORT Neutral third parties, called local number  S*portability administrators, administer these regional databases.j 0 D {OX*ԍSee Order & Further Notice, 11 FCC Rcd. at 840001.j When a customer changes from one LEC to another, the carrier that wins the customer ports the customers telephone number from the former carrier by electronically transmitting (uploading) the new LRN to the administrator of the  S*relevant regional database.Y Z D {Or*ԍSee generally NANC Recommendation, supra note NANC RECOMMENDATION10, App. E (LNPA Technical & Operational Requirements Task Force Report) app. a (Issues & Resolutions), p. 1, and app. b (InterService Provider LNP Operations Flows), fig. 1 (Provisioning) & p. 2.Y This pairs the customers original telephone number with the LRN for the switch of the new carrier, allowing the customer to retain the original telephone number. The regional database administrators electronically transmit (download) LRN updates to carriers responsible  S*for routing telephone calls.: D {O*ԍId.: When a carrier routes an interswitch telephone call to a location where number portability is available, the carrier will query this downloaded data to determine the LRN  SH *for the switch that serves the terminating telephone number of the call.%&H vD {O^*ԍSee Order & Further Notice, 11FCC Rcd. at 835960, 849495; Local Number Portability Report,  {O(*supra note NP REPORT10, at  2.3, 5. Calls originating and terminating on the same switch need not be queried. See  {O*NANC Recommendation, supra note NANC RECOMMENDATION10, App. D (Architecture & Administrative Plan for Local Number Portability) at 10, 8 & fig. 2, scenarios 1 & 2.%  Q *`B.The Commissions Orders  S *5.` ` The Commission has approved the industrys N minus one (N1) querying  S *`protocol.q dD {O#*ԍSecond Report and Order, 12 FCC Rcd. at 12323.q Under this protocol, the N1 carrier is responsible for the query, where N is the entity terminating the call to the end user, or a network provider contracted by the entity to provide tandem"X0*&&``"  S*access.D {Oh*ԍNANC Recommendation, supra note NANC RECOMMENDATION10, app. D (Architecture & Administrative Plan for Local Number Portability) at 8,  7.8. Thus, the N1 carrier for a local call is usually the calling customers LEC; the N1 carrier  S*for an interexchange call is usually the calling customers interexchange carrier."D {O*ԍId. at attachment A (Example N1 Call Scenarios); Local Number Portability Report, supra note  yOd*NP REPORT10, at  9.1.3. & fig. 93 (N1 Network Query). Rather than perform its own querying, an N1 carrier may arrange for other carriers or third parties to provide querying  S*services for them.m|D {O *ԍSee Order & Further Notice, 11FCC Rcd. at 8404.m The Commission has determined that an incumbent LEC may charge an N1  S`*carrier for performing queries on the N1 carriers behalf pursuant to such an arrangement.i`D {O *ԍSee Second Report and Order, 12 FCC Rcd. at 12324.i The Commission has also noted that an unqueried call might be routed by default to the LEC that  S*originally served the telephone number, usually an incumbent LEC.GD {OP*ԍId. at 1232425.G This could happen, for example, if the N1 carrier does not ensure that its calls are queried, either through its own query capability or through an arrangement with a third party, or if there is a technical failure in the N1 carriers ability  S*to query. The Commission has determined that an incumbent LEC may charge the N1 carrier for  Sp*querying defaultrouted calls.Mp2 D {OB*ԍId. at 1232526.M The Commission determined further that it would allow LECs to block defaultrouted calls, but only in specific circumstances when failure to do so is likely to impair  S *network reliability.M D {O*ԍId. at 1232425.M The Commission also said that it would require LECs to apply this blocking  S *standard to calls from all carriers on a nondiscriminatory basis.S V D {O*ԍId. at 1232526.S  S *6.` ` The Commission released its Third Report and Order in the longterm number  S *portability proceeding on May 12, 1998. D {O *ԍIn re Telephone Number Portability, CC Docket No. 95116, Third Report and Order, FCC 9882 (rel. May 12, 1998) (Third Report and Order). In that order, the Commission promulgated rules governing  SZ*longterm number portability cost recovery.ZZBD {OBD {Oh*ԍSee Ameritech Direct Case at 2 (noting that Ameritech filed its queryservice tariff revisions before the Commission released the costrecovery order and had to file its direct case only eight days after release of the order); Bell Atlantic Direct Case at 1 (noting that Bell Atlantic developed its tariff revisions before the Commission issued its cost recovery order, applying Commission practices that were then in effect, and that the order prescribed a cost recovery mechanism for number portability that differs from the Commissions usual practices); Consolidated Response of Southwestern and Pacific Bell at 2 (arguing that the precision of the SBC LECs submissions 8 was limited somewhat because the FCCs thenissued orders did not clearly define the parameters of cost recovery or query services).p The incumbent LECs longterm number portability query and database services raise novel and complex issues, and, for the reasons given above, we will not be able to  S*resolve them immediately.?D {O$ *ԍCf. In re Investigation of Access and Divestiture Related Tariffs, Memorandum Opinion and Order, 97  {O *FCC.2d 1082, 108586. (1984) (explaining in Phase I of its 1984 access investigation, having just established the system of access charges following the divestiture of AT&T, that because of the novelty, breadth, and complexity of the issues raised by these [access] tariffs, it may not be possible to resolve all issues immediately). These are new services with which neither the Commission nor carriers have had much experience and, as discussed above, the Commission will not be able to determine what rates and conditions are reasonable until issues are resolved regarding both the identification of costs directly related to number portability, and the allocation of those costs between query and end S*user charges.@ D {O8*ԍCf. id. at 1098 (concluding that the Commission could not judge whether certain switched access rates were reasonable without more information).  S*16.` ` Although we make no judgment as to whether the current rates and conditions are reasonable, and in compliance with Commission decisions on number portability, we observe that the  Sr*rates do not appear facially unreasonable.A"rD {O*ԍCf. id. at 109899. Bell Atlantic is charging .26 cents for tandem and endoffice queries, and .07 cents per database dip; Pacific Bell is charging .15 cents for all three services; Southwestern Bell is charging .14 cents for all three services; and Ameritech is charging .52 cents for tandem and endoffice queries. Ameritech has not tariffed with the Commission a database service. We also note that number portability is still in its early stages of implementation, and thus these services are being provided in only limited areas of the country. We conclude that it is better to allow the carriers to continue to offer these services under these tariff revisions pending determination of a preferred approach, than to attempt at this stage to  S *finetune the rates and conditions.B D {O< *ԍCf. id. at 1099. (concluding that [m]onitoring of the effects of the [switched access] rates should be more practical and effective than attempting to fine tune these rates initially). The interim rates and conditions will be in place for a relatively short time, as we are requiring the incumbent LECs to file new tariff revisions for query and database  S *services when they file their enduser charges.'C\ $D {OF$*ԍCf. In re Investigation of Special Access Tariffs of Local Exchange Carriers, Memorandum Opinion and  {O%*Order, 5 FCC Rcd. 1717, 171819 (1990) (terminating investigation of special access rates of U S WEST filed under what was then new access charge system, and declining to issue refunds, on the grounds that the rates in"%B0*&&%" question were part of a partially new regime and were, in a very real sense, interim in nature).' The Commission expects that the incumbent LECs" XC0*&&`` " will make these filings no later than January 1999 so as to have their enduser charges in place by February 1999. Petitioners will be able to renew their claims at that time. In the interim, if customers feel aggrieved by either the rates or conditions under which the incumbent LECs are currently  S*providing these services, they may file complaints pursuant to section 208.D` XD yO*ԍSection 208 states that X[a]ny person 8 complaining of anything done or omitted to be done by any common carrier subject to this Act, in contravention of the provisions thereof, may apply to said Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time to be specified by the Commission. 8 If such carrier or carriers shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper.(# 47 U.S.C.  208(a).  S8*%y IV  . Ordering Clauses lV  S*17.` ` Accordingly, IT IS ORDERED that, pursuant to section 204(a)(2)(A) of the Communications Act, 47 U.S.C.  204(a)(2)(A), the investigation of the tariff revisions described in Ameritech Transmittal No. 1149, as amended, Bell Atlantic Transmittal Nos. 1041 and 1071, Pacific Bell Transmittal Nos. 1927 and 1973, and Southwestern Bell Transmittal Nos. 2638 and 2694 IS TERMINATED.  S *18.` ` IT IS FURTHER ORDERED that, pursuant to sections 4(i), 4(j), 251(b)(2), 251(e)(2), and 303(r) of the Communications Act, 47 U.S.C.  154(i), 154(j), 251(b)(2), 251(e)(2), and 303(r), and section 52.33(a) of the Commissions rules, 47 C.F.R.  52.33(a), Ameritech, Bell Atlantic, Pacific Bell, and Southwestern Bell shall file new rates and conditions for their provision of longterm number portability query and database services at the time they tariff their longterm number portability enduser charges. ` `  hh,WFederal Communications Commission ` `  hh,WMagalie Roman Salas ` `  hh,WSecretary