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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-04-IH-0012
)
CenturyTel, Inc., CenturyTel ) Acct. No. 200432080136
of )
Washington, Inc., CenturyTel ) FRN Nos. 0001-5846-97,
of Cowiche, Inc., and 0003-7386-89, 0001-5825-43
CenturyTel of Inter Island,
Inc.
ORDER
Adopted: July 9, 2004 Released: July 12,
2004
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (``Bureau'') has been conducting
an investigation into possible violations by CenturyTel,
Inc., CenturyTel of Washington, Inc., CenturyTel of Cowiche,
Inc., and CenturyTel of Inter Island, Inc. (collectively,
``CenturyTel'') of section 52.26(a) of the Commission's
rules1 by failing to route calls from CenturyTel's customers
to ported wireless numbers.2
2. The Bureau and CenturyTel have negotiated the terms of
a Consent Decree that would terminate the Bureau's
investigation. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. We have reviewed the terms of the Consent Decree and
evaluated the facts before us. We believe that the public
interest would be served by approving the Consent Decree and
terminating the investigation.
4. Based on the record before us we conclude that there
are no substantial or material questions of fact with
respect to this matter as to whether CenturyTel possesses
the basic qualifications, including those related to
character, to hold or obtain any Commission license or
authorization.
5. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and
503(b) of the Communications Act of 1934, as amended, 47 U.S.C.
§§ 154(i) and 503(b), and the authority delegated by sections
0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111,
0.311, that the attached Consent Decree IS ADOPTED.
6. IT IS FURTHER ORDERED that the above captioned
investigation is TERMINATED and the Notice of Apparent
Liability in this proceeding3 is RESCINDED.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of ) File No. EB-04-IH-0012
)
CenturyTel, Inc., CenturyTel ) Acct. No. 200432080136
of )
Washington, Inc., CenturyTel ) FRN Nos. 0001-5846-97,
of Cowiche, Inc., and 0003-7386-89, 0001-5825-43
CenturyTel of Inter Island,
Inc.
CONSENT DECREE
1. The Enforcement Bureau (``Bureau'') of the Federal
Communications Commission (``Commission'') and
CenturyTel, Inc., CenturyTel of Washington, Inc.,
CenturyTel of Cowiche, Inc., and CenturyTel of Inter
Island, Inc. (collectively, ``CenturyTel''), hereby
enter into this Consent Decree for the purpose of
terminating the Bureau's investigation into whether
CenturyTel violated section 52.26(a) of the
Commission's rules4 by failing to route calls from
CenturyTel's customers to ported wireless numbers.5
2. For the purposes of this Consent Decree, the
following definitions shall apply:
2)a. ``Commission'' means the Federal
Communications Commission.
2)b. ``Bureau'' means the Enforcement Bureau of
the Federal Communications Commission.
2)c. ``CenturyTel'' means CenturyTel, Inc.,
CenturyTel of Washington, Inc., CenturyTel of
Cowiche, Inc., and CenturyTel of Inter Island,
Inc., any affiliate, d/b/a, predecessor-in-
interest, parent companies, any wholly or
partially owned subsidiary, or other affiliated
companies or businesses and their successors and
assigns.
2)d. ``Parties'' means CenturyTel and the
Bureau.
2)e. ``Order'' or ``Adopting Order'' means an
Order of the Commission or the Bureau adopting
the terms of this Consent Decree without change,
addition, deletion, or modification.
2)f. ``Effective Date'' means the date on which
the Commission or the Bureau releases the
Adopting Order.
2)g. ``Investigation'' means the investigation
commenced by the Bureau's February 4, 2004
Letter of Inquiry regarding whether CenturyTel
violated section 52.26(a) of the Commission's
rules in connection with failing to route calls
from CenturyTel's customers to ported wireless
numbers.
I. BACKGROUND
3. Number portability is defined as ``the ability of
users of telecommunications services to retain, at the
same location, existing telephone numbers without
impairment of quality, reliability, or convenience when
switching from one telecommunications carrier to
another.''6 Under the Communications Act of 1934, as
amended, (the ``Act''), all telecommunications carriers
have a duty to provide, to the extent technically
feasible, number portability in accordance with
requirements prescribed by the Commission.7 In 1996,
the Commission required all local exchange carriers
(``LECs'') to begin a phased deployment of local number
portability (``LNP'') within the 100 largest
metropolitan statistical areas.8 The Commission also
required all carriers to route calls to ported numbers.
9 Furthermore, the Commission imposed requirements on
the carrier immediately preceding the terminating
carrier, the ``N-1 carrier,'' to ensure that number
portability databases are queried and thus that calls
are properly routed.10
4. CenturyTel provides local exchange service in 22
states in rural markets and small-to-mid-sized cities,
as well as long distance service, Internet access, and
data services.11 After receiving information that
CenturyTel may not have been routing calls from
CenturyTel customers in Washington to wireless
customers with ported numbers, the Bureau issued a
Letter of Inquiry to CenturyTel requesting information
on this call routing issue. CenturyTel submitted a
response to the Bureau's Letter of Inquiry on February
24, 2004.
5. On May 13, 2004, the Bureau issued a Notice of
Apparent Liability for Forfeiture (``NAL'')12 proposing
a $100,000 forfeiture against CenturyTel and finding
that in circumstances where CenturyTel did not have an
LNP-capable switch and had a direct trunk with a
porting wireless carrier, CenturyTel default-routed
local and extended area service calls to the wireless
carrier that originally serviced the telephone number.
The NAL found that if this porting wireless carrier did
not perform a database query to determine where to
route the call, the CenturyTel customer would receive a
message that the wireless subscriber's number was not
in service, when in fact the number had been ported to
another carrier.
II. AGREEMENT
6. The Parties agree and acknowledge that this
Consent Decree shall constitute a final settlement of
the Investigation between CenturyTel and the Bureau of
the apparent violations of the Commission's rules found
in the NAL, without issuance of an order finding
liability against CenturyTel for any such apparent
violations or any other violation of law arising out of
the same facts, and that the NAL will be rescinded as
of the Effective Date. In consideration for the
termination of this Investigation and in accordance
with the terms of this Consent Decree, CenturyTel
agrees to the terms, conditions, and procedures
contained herein.
7. The Parties agree that this Consent Decree does
not constitute either an adjudication on the merits or
a factual or legal finding or determination regarding
any compliance or noncompliance by CenturyTel with the
requirements of the Act or the Commission's rules or
orders. The Parties agree that this Consent Decree is
for settlement purposes only.
8. CenturyTel agrees that it will make a voluntary
contribution to the United States Treasury in the
amount of one hundred thousand dollars ($100,000)
within 30 calendar days after the Effective Date of the
Adopting Order. CenturyTel must make this payment by
check, wire transfer, or money order drawn to the order
of the Federal Communications Commission. The check,
wire transfer, or money order should refer to ``Acct.
No. 200432080136'' and ``FRN Nos. 0001-5846-97, 0003-
7386-89, 0001-5825-43.'' If CenturyTel makes this
payment by check or money order, it must mail the check
or money order to: Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O.
Box 73482, Chicago, Illinois, 60673-7482. If
CenturyTel makes this payment by wire transfer, it must
wire such payment in accordance with Commission
procedures for wire transfers.
9. For purposes of settling the matters set forth
herein, CenturyTel agrees to implement a Compliance
Plan related to LNP administration and consisting of
the components delineated below. The Compliance Plan
will be for a period of 12 months after the Effective
Date, except as otherwise required to comply with the
Commission's rules.
9)a. Upon execution of this Consent Decree,
CenturyTel will have formed a team designated
the Network Support Center (``NSC''),
consisting of technical and managerial
employees. The NSC will be designated as the
focal point for LNP deployment over
CenturyTel's system.
9)b. Within 20 days of the Effective Date,
CenturyTel will designate a Local Number
Portability Compliance Officer to whom all
inquires and concerns about LNP and call
routing may be addressed. The Local Number
Portability Compliance Officer will supervise
CenturyTel's compliance with the Commission's
rules and the requirements regarding LNP and
CenturyTel's compliance with the requirements
of this Consent Decree.
9)c. Upon execution of this Consent Decree,
CenturyTel will have deployed LNP capability to
all 398 of its host switches throughout its 22
state territory.
9)d. Upon execution of this Consent Decree,
company-wide on all 398 of its host switches
and whenever CenturyTel is the N-1 carrier,
CenturyTel will perform or will have performed
on its behalf, a database query to obtain the
Location Routing Number (``LRN'') that
corresponds to any dialed number. Whenever it
is the N-1 carrier, CenturyTel will ensure that
any call placed by a CenturyTel customer to a
ported telephone number is properly routed to
the network of the current carrier serving that
telephone number, based on the LRN.
9)e. CenturyTel will ensure that any switch
added to CenturyTel's system after the
Effective Date is LNP capable within a
reasonable period of time following
CenturyTel's acquisition of that switch. If a
switch is added to CenturyTel's system that is
not LNP capable, CenturyTel will ensure that
whenever CenturyTel is the N-1 carrier
CenturyTel will perform or will have performed
on its behalf a database query to obtain LRN
information in order to ensure that calls
placed by CenturyTel customers to ported
telephone numbers are properly routed to the
network of the current carrier serving that
telephone number, based on the LRN.
9)f. Prior to September 1, 2004, in certain
instances CenturyTel will have a third party
perform certain LRN database queries as
described in paragraph 9(d). After September
1, 2004, CenturyTel will implement its own
local service management system (``LSMS'') to
perform database queries.
9)g. Upon execution of this Consent Decree,
CenturyTel will have developed written rules
and policies regarding the LNP ordering
process, including a customer service
representative handbook, and materials for
public relations teams to prepare them to
answer LNP questions from consumers.
9)h. Upon execution of this Consent Decree,
CenturyTel will have incorporated LNP
compliance training into its existing training
for employees who engage in LNP activities,
including but not limited to customer service
representatives, public relations department
employees, and engineering group employees.
Training sessions will be conducted for new
employees within the first 90 days of
employment.
9)i. Upon execution of this Consent Decree,
CenturyTel will have established specific
policies and procedures for handling LNP-
related complaints, including complaints about
dropped calls to ported numbers. Specifically,
CenturyTel's policies will require a customer
service center representative who receives a
complaint regarding LNP to prepare a trouble
ticket and dispatch it to the central office
serving the complaining CenturyTel customer to
verify it is LNP-related. If so, the central
office will send the trouble ticket to the NSC
for resolution with a copy to the Local Number
Portability Compliance Officer. The NSC will
work to resolve the problem as soon as
practicable. If the matter is not resolved
within 48 hours, the Local Number Portability
Compliance Officer will be notified and will
become the primary party responsible for
resolving the matter. The customer will be
kept apprised within a reasonable time of all
efforts to resolve the matter.
9)j. CenturyTel will not avail itself of any
suspension or modification of the Commission's
LNP requirements granted to CenturyTel prior to
the Effective Date pursuant to any application
for relief from a state public service
commission.
10. In express reliance on the covenants and
representations contained herein, the Bureau agrees to
terminate the Investigation.
11. The Bureau agrees that it will not use the facts
developed in this Investigation through the Effective
Date of the Consent Decree or the existence of this
Consent Decree to institute, on its own motion, any new
proceeding, formal or informal, or take any action on
its own motion against CenturyTel concerning the
matters that were the subject of the Investigation.
The Bureau also agrees that it will not use the facts
developed in this Investigation through the Effective
Date of this Consent Decree or the existence of this
Consent Decree to institute on its own motion any
proceeding, formal or informal, or take any action on
its own motion against CenturyTel with respect to
CenturyTel's basic qualifications, including its
character qualifications, to be a Commission licensee
or authorized common carrier. Nothing in this Consent
Decree shall prevent the Commission or its delegated
authority from adjudicating complaints filed pursuant
to section 208 of the Act against CenturyTel or its
affiliates for alleged violations of the Act, or for
any other type of alleged misconduct, regardless of
when such misconduct took place. The Commission's
adjudication of any such complaint will be based solely
on the record developed in that proceeding. Except as
expressly provided in this Consent Decree, this Consent
Decree shall not prevent the Commission from
investigating material new evidence of noncompliance by
CenturyTel of the Act, the rules, or this Order.
12. CenturyTel waives any and all rights it may have
to seek administrative or judicial reconsideration,
review, appeal or stay, or to otherwise challenge or
contest the validity of this Consent Degree and the
Order adopting this Consent Decree, provided the Bureau
issues an Order adopting the Consent Decree without
change, addition, modification, or deletion.
CenturyTel shall retain the right to challenge
Commission interpretation of the Consent Decree or any
terms contained herein.
13. CenturyTel's decision to enter into this Consent
Decree is expressly contingent upon the Bureau's
issuance of an Order that is consistent with this
Consent Decree, and which adopts the Consent Decree
without change, addition, modification, or deletion.
14. In the event that this Consent Decree is rendered
invalid by any court of competent jurisdiction, it
shall become null and void and may not be used in any
manner in any legal proceeding.
15. If either Party (or the United States on behalf of
the Commission) brings a judicial action to enforce the
terms of the Adopting Order, neither CenturyTel nor the
Commission shall contest the validity of the Consent
Decree or the Adopting Order, and CenturyTel shall
waive any statutory right to a trial de novo.
CenturyTel shall retain the right to challenge
Commission interpretation of the Consent Decree or any
terms contained herein.
16. Any violation of the Consent Decree or the
Adopting Order will constitute a separate violation of
a Commission order, entitling the Commission to
exercise any rights or remedies authorized by law
attendant to the enforcement of a Commission order.
17. The Parties also agree that if any provision of
the Consent Decree conflicts with any subsequent rule
or order adopted by the Commission (except an order
specifically intended to revise the terms of this
Consent Decree to which CenturyTel does not consent)
that provision will be superseded by such Commission
rule or order.
18. CenturyTel hereby agrees to waive any claims it
may otherwise have under the Equal Access to Justice
Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq.,
relating to the matters addressed in this Consent
Decree.
19. This Consent Decree may be signed in counterparts.
________________________________
David H. Solomon
Chief, Enforcement Bureau
Federal Communications
Commission
________________________________
Date
________________________________
Stacey W. Goff
General Counsel of CenturyTel,
Inc.
CenturyTel, Inc., CenturyTel of
Washington, Inc., CenturyTel of
Cowiche,
Inc., and CenturyTel of Inter
Island, Inc.
________________________________
Date
_________________________
1 47 C.F.R. § 52.26(a).
2 See CenturyTel, Inc., CenturyTel of Washington, Inc.,
CenturyTel of Cowiche, Inc., and CenturyTel of Inter Island,
Inc., Notice of Apparent Liability, DA 04-1304 (rel. May 13,
2004).
3 Id.
4 47 C.F.R § 52.26(a).
5 See Letter from Hillary S. DeNigro, Deputy Chief,
Investigations and Hearings Division, Enforcement Bureau,
FCC to Glen F. Post, III, Chief Executive Officer,
CenturyTel, Inc. (Feb. 4, 2004) (``Letter of Inquiry'').
See also CenturyTel, Inc., CenturyTel of Washington, Inc.,
CenturyTel of Cowiche, Inc., and CenturyTel of Inter Island,
Inc., Notice of Apparent Liability, DA 04-1304 (rel. May 13,
2004) (``CenturyTel NAL'').
6 47 U.S.C. § 153(30); 47 C.F.R. § 52.21(l).
7 47 U.S.C. § 251(a)(2).
8 Telephone Number Portability, First Report and Order and
Further Notice of Proposed Rulemaking, 11 FCC Rcd 8352
(1996). On reconsideration, the Commission clarified that
LECs need only provide number portability within the 100
largest MSAs for switches in which another carrier made a
specific, bona fide, number portability request Telephone
Number Portability, First Memorandum Opinion and Order on
Reconsideration, 12 FCC Rcd 7236, 7273, ¶ 60 (1997) (``First
Reconsideration Order'').
9 First Reconsideration Order, 12 FCC Rcd at 7277, ¶ 69.
See also Telephone Number Portability, CTIA Petitions for
Declaratory Ruling on Wireline-Wireless Porting Issues,
Memorandum Opinion and Order and Further Notice of Proposed
Rulemaking, 18 FCC Rcd 23697, 23711-12 n.92 (2003).
10 Telephone Number Portability, Second Report and Order,
12 FCC Rcd 12281, 12323-24, ¶¶ 73-74 (1997).
11 See www.centurytel.com.
12 See CenturyTel NAL.