FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 6,802
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neutral to allow incumbent LECs to recover their carrier-specific costs of providing LNP through a
tariffed five-year, levelized monthly end-user charge, which would begin no earlier than February 1, 1999
and end no later than five years after it began.13 The Commission also permitted nondominant carriers
(including wireless providers) to recover their LNP costs in any lawful manner.14 Subsequently, in
December 1998, the Common Carrier Bureau issued the Cost Classification Order, which provided
additional guidance to incumbent LECs concerning LNP cost recovery.15 In 1999, the larger price-cap
incumbent LECs, including Petitioner BellSouth, filed tariffs to recover their carrier-specific LNP costs,
and, pursuant to these tariffs, began to assess monthly LNP charges on their end users.16 Since that time,
a number of other smaller incumbent LECs also have filed tariffs and implemented LNP cost recovery
through charges to their end-users.
4. BellSouth Petition. Shortly before the November 24, 2003 deadline for wireless carriers
to begin implementing service provider LNP, and thus for wireline carriers to begin implementing
intermodal LNP, BellSouth filed the instant Petition for Declaratory Ruling and/or Waiver.17 In its
Petition, BellSouth requests that the Commission issue a declaratory ruling that wireline carriers are
entitled to a reasonable opportunity to recover their costs of implementing intermodal LNP in accordance
with section 251(e)(2) of the Act. 18 To that end, BellSouth requests that the Commission waive section
52.33 of the Commission's rules, either to allow BellSouth to increase the current end-user LNP charge
for the remainder of the five-year recovery period (which would de-levelize the charge), or to extend the
(...continued from previous page)
Review). The Commission also delegated authority to the Chief, Common Carrier Bureau, to determine appropriate
methods for apportioning joint costs among portability and nonportability services, and to issue any orders to
provide guidance to carriers before they filed their tariffs. Cost Recovery Order, 13 FCC Rcd at 11740, 11784,
paras. 75, 167.
'3 See Cost Recovery Order, 13 FCC Rcd at 11776-77, paras. 142-43; 47 C.F.R. 52.33(a)(1). A "levelized" rate is
one that remains constant over a recovery period. Cost Recovery Order, 11 FCC Rcd at 11777 n.478. The
Commission also established separate mechanisms for recovery of carrier-specific costs directly related to: (1)
prearranged and default query services, for carriers performing queries for other carriers; see id. at 11778-79, para.
147; 47 C.F.R. 52.33(a)(2); and (2) allocated LNP administration and query costs, for certain carriers participating
in extended area service calling plans. See Order on Reconsideration and Review, 17 FCC Rcd at 2603-05, paras.
52-58; 47 C.F.R. 52.33(a)(3).
14 Cost Recovery Order, 11 FCC Rcd at 11774, para. 136; 47 C.F.R. 52.33(b).
15 Telephone Number Portability Cost Classification Proceeding, CC Docket No. 95-116, Memorandum Opinion
and Order, 13 FCC Rcd 24495 (CCB 1998) (Cost Classification Order), affd, Order on Reconsideration and
Review, 17 FCC Red 2578.
16 See, e.g., Long-Term Number Portability Tariff Filings, US WEST Communications, Inc., CC Docket No. 99-35,
Memorandum Opinion and Order, 14 FCC Red 11983 (1999) (US WEST Investigation Order); Long-Term Number
Portability Tariff Filings, Ameritech Operating Companies, et al., CC Docket No. 99-35, Memorandum Opinion
and Order, 14 FCC Red 11883 (1999) (Ameritech Investigation Order); Long-Term Telephone Number Portability
Tariff Filing of BellSouth Telecommunications, Inc., CC Docket No. 99-35, Reconsideration of Decision to Suspend
and Investigate Tariff Filing of BellSouth Telecommunications, Inc., 14 FCC Rcd 9344 (CCB CPD 1999).
17 BellSouth Corporation Petition for Declaratory Ruling and/or Waiver, CC Docket No. 95-116 (filed Nov. 14,
2003) (BellSouth Petition).
18 BellSouth Petition at 1-2. BellSouth characterizes its costs as those associated with implementing wireless LNP.
Upon reviewing the Petition and comments of carriers discussing the nature of the costs incurred, however, we
believe it is more accurate to characterize the additional costs as the costs of implementing intermodal LNP, rather
than uniquely related to wireless porting. Specifically, BellSouth is incurring these costs to modify its systems to
recognize, accommodate, and process ports between wireline and wireless numbers, and to differentiate wireless
from wireline ports. See BellSouth Petition at 14-18.6802
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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/m1/943/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.