FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 6,805
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IP II I IF eraI ICmui a I on sII I FC I I l i1
receive the direct benefits of number portability.38
8. Although AT&T does not oppose additional cost recovery, it urges the Commission to
require a cost study from each carrier that seeks additional recovery.39 Similarly, although Nextel and
Verizon Wireless do not oppose BellSouth's petition, they request that the Commission ensure that
wireline carriers do not recover intermodal LNP implementation costs twice: first, from other carriers and
second, from their end users.4 Verizon Wireless requests that the Commission state explicitly that an
end-user surcharge is the only appropriate method for incumbent LECs to recover intermodal LNP
charges41 Nextel also argues that incumbent LECs should be barred from recovering a porting charge
from their customers when such customers seek to port their wireline number to a wireless carrier.42
Verizon Wireless also argues that, because the Commission did not rely on section 251 in mandating
number portability for CMRS providers, it should not base any grant of BellSouth's petition on section
251.43
9. Citing outstanding issues in this docket relating to intermodal porting from outside a rate
center and provisioning intervals, CenturyTel and Sprint also ask the Commission to extend its ruling to
permit the recovery of any costs that wireline carriers may incur complying with future Commission
orders relating to number portability.44
III. DISCUSSION
10. We find that good cause exists to waive, for certain incumbent LECs, the rule that limits
the period over which carrier-specific costs of implementing local number portability may be recovered.45
Special circumstances exist for those incumbent LECs who, due to multiple extensions of the intermodal
LNP deadline and associated uncertainties, were unable to include these costs in their original LNP tariff
filings and thus did not recover these costs through their original end-user charges. We find that a limited
38 CenturyTel Comments at 5 (citing Cost Recovery Order, 13 FCC Rcd at 11776, paras. 14243); SBC Comments
at 13 (same); Sprint Comments at 2-3 (same); see also USTA Comments at 4.
39 See AT&T Comments at 5-7; AT&T Reply at 4.
40 See Verizon Wireless Comments at 1-2, 4-6; Nextel Reply at 6.
41 Verizon Wireless argues that a carrier-to-carrier charge would be inconsistent with the statute and the
Commission's prior rulings and would not, accordingly, be competitively neutral. See Verizon Wireless Comments
at 1-2, 4-5; see also Nextel Reply at 4-5 (citing Telephone Number Portability, CC Docket No. 95-116, Fourth
Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 16459, 16480, para. 35, 36 (1999); Cost
Recovery Order, 13 FCC Red at 11726-27, para. 41). Verizon Wireless complains that BellSouth has stated it will
assess multiple transaction charges to recover intermodal porting expenses, specifically (1) a $15 per port charge for
LNP requests sent through a fax-based system; (2) a $3.50 per port charge if the requests are sent through the
BellSouth [Graphic User Interface] (GUI); (3) an hourly rated coordination fee for out-of-hours or special
arrangement cutovers; and (4) a fee for migrating numbers from Type-1 to Type-2 to facilitate porting. Verizon
Wireless Comments at 1-2, 5-6.
42 Nextel Reply at 6.
43 See Verizon Wireless Comments at 4 n.9 (citing First Report and Order, 11 FCC Rcd at 8431-32, paras. 153 and
cross-referencing Opposition of Verizon Wireless to LEC Waiver Petitions, CC Docket No. 95-116 (filed Oct. 17,
2003), at 4-6).
44 Sprint Comments at 3 (citing Intermodal Order, 18 FCC Rcd at 23698, 23714-15, 23717, paras. 2, 42-44, 49-51);
see also CenturyTel Comments at 3 n.l 1; BellSouth Reply at 11-12; Sprint Reply at 2.
45 See 47 C.F.R. 52.33(a)(1). We note that nothing in this order alters the right of telecommunications carriers other
than incumbent local exchange carriers to recover their intermodal LNP costs in any lawful manner, as specified in
section 52.33(b) of our Rules.6805
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Federal Communications Commission
FCC 04-91
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United States. Federal Communications Commission. FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004, book, April 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4077/m1/946/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.