1、68 47 CFR Ch. I (10110 Edition) 51.809 arbitration offers are submitted. Par-ties may submit subsequent final offers following such negotiations. (3) To provide an opportunity for final post-offer negotiations, the arbi-trator will not issue a decision for at least fifteen days after submission to t
2、he arbitrator of the final offers by the parties. (e) Final offers submitted by the par-ties to the arbitrator shall be con-sistent with section 251 of the Act, in-cluding the rules prescribed by the Commission pursuant to that section. (f) Each final offer shall: (1) Meet the requirements of sectio
3、n 251, including the rules prescribed by the Commission pursuant to that sec-tion; (2) Establish rates for interconnec-tion, services, or access to unbundled network elements according to section 252(d) of the Act, including the rules prescribed by the Commission pursuant to that section; and (3) Pr
4、ovide a schedule for implemen-tation of the terms and conditions by the parties to the agreement. If a final offer submitted by one or more parties fails to comply with the requirements of this section or if the arbitrator de-termines in unique circumstances that another result would better implemen
5、t the Communications Act, the arbi-trator has discretion to take steps de-signed to result in an arbitrated agree-ment that satisfies the requirements of section 252(c) of the Act, including re-quiring parties to submit new final of-fers within a time frame specified by the arbitrator, or adopting a
6、 result not submitted by any party that is con-sistent with the requirements of sec-tion 252(c) of the Act, and the rules pre-scribed by the Commission pursuant to that section. (g) Participation in the arbitration proceeding will be limited to the re-questing telecommunications carrier and the incu
7、mbent LEC, except that the Commission will consider requests by third parties to file written plead-ings. (h) Absent mutual consent of the par-ties to change any terms and condi-tions adopted by the arbitrator, the de-cision of the arbitrator shall be binding on the parties. 61 FR 45619, Aug. 29, 19
8、96, as amended at 66 FR 8520, Feb. 1, 2001 51.809 Availability of agreements to other telecommunications carriers under section 252(i) of the Act. (a) An incumbent LEC shall make available without unreasonable delay to any requesting telecommunications carrier any agreement in its entirety to which
9、the incumbent LEC is a party that is approved by a state commission pursuant to section 252 of the Act, upon the same rates, terms, and conditions as those provided in the agreement. An incumbent LEC may not limit the availability of any agreement only to those requesting carriers serving a comparab
10、le class of subscribers or pro-viding the same service (i.e., local, ac-cess, or interexchange) as the original party to the agreement. (b) The obligations of paragraph (a) of this section shall not apply where the incumbent LEC proves to the state commission that: (1) The costs of providing a parti
11、cular agreement to the requesting tele-communications carrier are greater than the costs of providing it to the telecommunications carrier that origi-nally negotiated the agreement, or (2) The provision of a particular agreement to the requesting carrier is not technically feasible. (c) Individual a
12、greements shall re-main available for use by tele-communications carriers pursuant to this section for a reasonable period of time after the approved agreement is available for public inspection under section 252(h) of the Act. 69 FR 43771, July 22, 2004 PART 52NUMBERING Subpart AScope and Authority
13、 Sec. 52.1 Basis and purpose. 52.3 General. 52.5 Definitions. Subpart BAdministration 52.7 Definitions. 52.9 General requirements. 52.11 North American Numbering Council. VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PRO
14、D with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-69 Federal Communications Commission 52.5 52.12 North American Numbering Plan Ad-ministrator and B 47 U.S.C. 151, 152, 154 and 155 unless otherwise noted. Interpret or apply secs. 3, 4, 20105,
15、 20709, 218, 22527, 25152, 271 and 332, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 153, 154, 20105, 20709, 218, 22527, 25152, 271 and 332 unless otherwise noted. SOURCE: 61 FR 38637, July 25, 1996, unless otherwise noted. Subpart AScope and Authority SOURCE: 61 FR 47353, Sept. 6, 1996, unless otherw
16、ise noted. 52.1 Basis and purpose. (a) Basis. These rules are issued pur-suant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et. seq. (b) Purpose. The purpose of these rules is to establish, for the United States, requirements and conditions for the administration and use of tele-comm
17、unications numbers for provision of telecommunications services. 52.3 General. The Commission shall have exclusive authority over those portions of the North American Numbering Plan (NANP) that pertain to the United States. The Commission may delegate to the States or other entities any por-tion of
18、such jurisdiction. 52.5 Definitions. As used in this part: (a) Incumbent local exchange carrier. With respect to an area, an incumbent local exchange carrier is a local ex-change carrier that: (1) On February 8, 1996, provided tele-phone exchange service in such area; and (2)(i) On February 8, 1996,
19、 was deemed to be a member of the exchange carrier association pursuant to 69.601(b) of this chapter (47 CFR 69.601(b); or (ii) Is a person or entity that, on or after February 8, 1996, became a suc-cessor or assign of a member described in paragraph (a)(2)(i) of this section. (b) North American Num
20、bering Council (NANC). The North American Num-bering Council is an advisory com-mittee created under the Federal Advi-sory Committee Act, 5 U.S.C., App (1988), to advise the Commission and to make recommendations, reached through consensus, that foster efficient and impartial number administration.
21、(c) North American Numbering Plan (NANP). The North American Num-bering Plan is the basic numbering scheme for the telecommunications networks located in American Samoa, Anguilla, Antigua, Bahamas, Barbados, Bermuda, British Virgin Islands, Can-ada, Cayman Islands, Dominica, Do-minican Republic, Gre
22、nada, Jamaica, Montserrat, St. Kitts 71 FR 65750, Nov. 9, 2006 Subpart BAdministration SOURCE: 61 FR 47353, Sept. 6, 1996, unless otherwise noted. 52.7 Definitions. As used in this subpart: (a) Area code or numbering plan area (NPA). The term area code or num-bering plan area refers to the first thr
23、ee digits (NXX) of a ten-digit tele-phone number in the form NXX-NXX- XXXX, where N represents any one of the numbers 2 through 9 and X rep-resents any one of the numbers 0 through 9. (b) Area code relief. The term area code relief refers to the process by which central office codes are made availab
24、le when there are few or no un-assigned central office codes remaining in an existing area code and a new area code is introduced. Area code relief in-cludes planning for area code jeop-ardy, which is a situation where cen-tral office codes may become exhausted before an area code relief plan can be
25、 implemented. (c) Central office (CO) code. The term central office code refers to the sec-ond three digits (NXX) of a ten-digit telephone number in the form NXX- NXX-XXXX, where N represents any one of the numbers 2 through 9 and X represents any one of the numbers 0 through 9. (d) Central office (
26、CO) code adminis-trator. The term central office code administrator refers to the entity or entities responsible for managing cen-tral office codes in each area code. (e) North American Numbering Plan Administrator (NANPA). The term North American Numbering Plan Ad-ministrator refers to the entity o
27、r en-tities responsible for managing the NANP. (f) Billing and Collection Agent. The term Billing or (2) To a pooling administrator for the purpose of establishing or maintaining a thousands-block number pool. 61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55180, Oct. 23, 1997; 65 FR 37707, June 16
28、, 2000 52.9 General requirements. (a) To ensure that telecommuni-cations numbers are made available on an equitable basis, the administration of telecommunications numbers shall, in addition to the specific require-ments set forth in this subpart: (1) Facilitate entry into the tele-communications ma
29、rketplace by mak-ing telecommunications numbering re-sources available on an efficient, time-ly basis to telecommunications car-riers; (2) Not unduly favor or disfavor any particular telecommunications indus-try segment or group of telecommuni-cations consumers; and (3) Not unduly favor one tele-com
30、munications technology over an-other. (b) If the Commission delegates any telecommunications numbering admin-istration functions to any State or other entity pursuant to 47 U.S.C. 251(e)(1), such State or entity shall per-form these functions in a manner con-sistent with this part. 52.11 North Ameri
31、can Numbering Council. The duties of the North American Numbering Council (NANC), may in-clude, but are not limited to: (a) Advising the Commission on pol-icy matters relating to the administra-tion of the NANP in the United States; (b) Making recommendations, reached through consensus, that foster
32、efficient and impartial number admin-istration; (c) Initially resolving disputes, through consensus, that foster efficient and impartial number administration in the United States by adopting and utilizing dispute resolution procedures that provide disputants, regulators, and the public notice of th
33、e matters at issue, a reasonable opportunity to make oral and written presentations, a reasoned recommended solution, and a written report summarizing the rec-ommendation and the reasons there-fore; (d) Reserved (e) Recommending to the Commis-sion an appropriate mechanism for re-covering the costs o
34、f NANP adminis-tration in the United States, con-sistent with 52.17; (f) Carrying out the duties described in 52.25; and (g) Carrying out this part as directed by the Commission; (h) Monitoring the performance of the NANPA and the B and (i) Implementing, at the direction of the Commission, any actio
35、n necessary to correct identified problems with the performance of the NANPA and the B 71 FR 65750, Nov. 9, 2006 52.12 North American Numbering Plan Administrator and B (ii) The NANPA and B and (iii) Notwithstanding the neutrality criteria set forth in paragraphs (a)(1) (i) and (ii) of this section,
36、 the NANPA and B (2) Planning for the long-term need for NANP resources to ensure the con-tinued viability of the NANP by imple-menting a plan for number resource ad-ministration that uses effective fore-casting and management skills in order to make the industry aware of the availability of numberi
37、ng resources and to meet the current and future needs of the industry; (3) Complying with guidelines of the North American Industry Numbering Committee (INC) or its successor, re-lated industry documentation, Com-mission regulations and orders, and the VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 P
38、O 00000 Frm 00083 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-74 47 CFR Ch. I (10110 Edition) 52.13 guidelines of other appropriate policy- making authorities; (4) Providin
39、g management super-vision for all of the services it provides, including responsibility for achieving performance measures established by the NANC and the INC in industry guidelines; (5) Participating in the NANC annual performance review as described in 52.11 and 52.12; (6) Establishing and maintai
40、ning re-lationships with current governmental and regulatory bodies, and their suc-cessors, including the United States Federal Communications Commission, Industry Canada, the Canadian Radio- television and Telecommunications Commission, and other United States, Canadian, and Caribbean numbering aut
41、horities and regulatory agencies, and addressing policy directives from these bodies; (7) Cooperating with and actively participating in numbering standards bodies and industry fora, such as INC and, upon request, the Canadian Steer-ing Committee on Numbering (CSCN); (8) Representing the NANP to na-
42、tional and international numbering bodies; (9) Developing and maintaining com-munications channels with other coun-tries who also participate in the NANP to ensure that numbering needs of all countries served by the NANP are met; (10) Attending United States Study Group A meetings and maintaining a
43、working knowledge of Study Group 2 International Telecommunications Union activities on behalf of the United States telecommunications in-dustry; (11) Reviewing requests for all num-bering resources to implement new ap-plications and services and making as-signments in accordance with industry- deve
44、loped resource planning and as-signment guidelines; (12) Referring requests for particular numbering resources to the appropriate industry body where guidelines do not exist for those resources; (13) Participating in industry activi-ties to determine whether, when new telecommunications services req
45、uiring numbers are proposed, NANP numbers are appropriate and what level of re-source is required (e.g., line numbers, central office codes, NPA codes); (14) Maintaining necessary adminis-trative staff to handle the legal, finan-cial, technical, staffing, industry, and regulatory issues relevant to
46、the man-agement of all numbering resources, as well as maintaining the necessary equipment, facilities, and proper bill-ing arrangements associated with day- to-day management of all numbering resources; (15) Managing the NANP in accord-ance with published guidelines adopted in conjunction with the
47、industry and the appropriate NANP member coun-tries governing agencies, and referring issues to the appropriate industry body for resolution when they have not been addressed by the industry; (16) Responding to requests from the industry and from regulators for infor-mation about the NANP and its ad
48、min-istration, as the primary repository for numbering information in the indus-try; (17) Providing upon request informa-tion regarding how to obtain current documents related to NANP adminis-tration; (18) Providing assistance to users of numbering resources and suggesting numbering administration o
49、ptions, when possible, that will optimize num-ber resource utilization; (19) Coordinating its numbering re-source activities with the Canadian Number Administrator and other NANP member countries administra-tors to ensure efficient and effective management of NANP numbering re-sources; and (20) Determining the final allocation methodology for sharing costs between NANP countries. (c) In performing the functions out-lined in paragraph (b) o
