[Senate Report 110-219]
[From the U.S. Government Publishing Office]
110th Congress
1st Session SENATE Report
110-219
_______________________________________________________________________
Calendar No. 468
SAME NUMBER ACT OF 2007
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1769
November 2, 2007.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
first session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Calendar No. 468
110th Congress Report
SENATE
1st Session 110-219
======================================================================
SAME NUMBER ACT OF 2007
_______
November 2, 2007.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 1769]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1769) to amend the
Communications Act of 1934 to facilitate number portability in
order to increase consumer choice of voice service provider,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 1769 is to clarify the authority of the
Federal Communications Commission (FCC) to facilitate number
portability in order to increase consumer choice among voice
service providers.
Background and Needs
The Telecommunications Act of 1996 (1996 Act) opened local
exchange markets to competition by removing barriers that
thwarted the ability of new entrants to provide competitive
local telecommunications service. Among the steps that Congress
took to effectuate this goal, was to require all local exchange
carriers (LECs) to provide number portability. More
specifically, section 251(b)(2) of the 1996 Act requires all
LECs ``to provide, to the extent technically feasible, number
portability in accordance with requirements prescribed by the
[FCC].''
The 1996 Act defines number portability as ``the ability of
users of telecommunications services to retain, at the same
location, existing telecommunications numbers without
impairment of quality, reliability, or convenience when
switching from one telecommunications carrier to another.''
Number portability is essential to competition. Consumers are
unable to enjoy the benefits of competition if they are unable
to switch carriers without having to change their phone
numbers. For residential consumers, changing numbers can be a
substantial inconvenience, disconnecting them from friends and
family. For business consumers, it also can involve substantial
costs, ranging from lost opportunities to reprinting of
corporate stationery and other business paraphernalia. Being
able to change carriers and keep a phone number promotes
continuity for consumers and engenders more competition among
carriers.
Following passage of the 1996 Act, the FCC issued a series of
orders implementing Section 251(b)(2) and phasing in number
portability requirements. The FCC has implemented a four
business day porting period for ports between wireline
carriers. The wireless industry has voluntarily reached a
process wherein ports can be accomplished between wireless
carriers in two and a half hours. There are no FCC porting
rules for IP-enabled voice service providers (either to or from
such providers).
As the communications market has evolved, more consumers are
seeking to port numbers between service providers and
technologies. In addition, the growth of new classes of
service, from cable providers and other voice over Internet
protocol (VoIP) providers, results in new complexities. These
changes in the marketplace have increased disputes between
carriers, especially over intermodal ports, which some carriers
allege take unreasonably long periods of time to complete.
Other competitive carriers contend that some incumbent porting-
out carriers require unnecessary amounts of customer
information from the porting-in carrier before proceeding with
the port. As a result of these technical disputes, consumers
have experienced porting failures, delays, and occasionally
dropped service.
Summary of Provisions
S. 1769, the Same Number Act of 2007, would amend the
Communications Act of 1934 to facilitate number portability in
order to increase consumer choice of service providers.
The bill would clarify that all providers of voice service
have the duty to provide, to the extent technically feasible,
number portability. The bill defines voice service as a
telecommunications service or any service that is not a
telecommunications service but otherwise is defined by the FCC
in its regulations as an IP-enabled voice service.
To ensure that number porting proceeds smoothly for consumers
and carriers alike, the bill would require the FCC to establish
number portability performance standards. These standards would
include classes of ports, with expeditious time frames for each
class of port. These time frames would be made available to the
public on the FCC website. These standards also would include
requirements governing the exchange of data between voice
service providers in connection with porting a number. In
addition, they would encourage the reasonable automation of the
porting process, with a goal toward reducing errors and
ensuring an efficient porting process for consumers.
The bill would require voice service providers to submit an
annual report to the FCC on its number portability activity
during the preceding year. The bill also would require the FCC
to submit an annual report to Congress on the effectiveness and
efficiency of its number portability standards.
Legislative History
The Same Number Act of 2007 (S. 1769) was introduced by
Senator Stevens on July 11, 2007, and referred to the Senate
Committee on Commerce, Science, and Transportation. The bill is
cosponsored by Senator Inouye. On July 12, 2007, the Committee
held a hearing on ``Number Portability.'' On July 19, 2007, the
Committee considered the bill in an open Executive Session. The
bill was adopted by voice vote. The Committee, without
objection, ordered that S. 1769 be reported.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 5, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1769, the Same
Number Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts for this
estimate are Tyler Kruzich (for federal costs) and Jacob
Kuipers (for the private-sector impact).
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
S. 1769--Same Number Act of 2007
S. 1769 would require the Federal Communications Commission
(FCC) to establish standards that would allow voice-service
customers to maintain the same phone number when switching
between providers. In addition, S. 1769 would require the FCC
to designate one or more impartial entities to administer
telecommunications and voice-service numbering and would
require the FCC to report on the effectiveness of number
portability performance standards every year. The FCC would
collect fees from voice-service providers to cover the cost of
establishing numbering arrangements.
Based on information from the FCC and assuming the
availability of appropriated funds, CBO estimates that
implementing S. 1769 would cost less than $500,000 in each of
the fiscal years from 2008 to 2012. The FCC already has number
portability programs in place for other types of
telecommunications providers, and CBO estimates that
implementing the bill would not significantly affect FCC
spending for such programs. Further, the FCC expects that it
would not collect significant new net receipts in any year
because it has numbering administration arrangements already in
place. Enacting S. 1769 would not affect revenues.
S. 1769 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
cost on state, local or tribal governments.
S. 1769 would impose new private-sector mandates, as
defined in UMRA, on providers of voice services including
wireless, wireline, and Voice-Over-Internet-Protocol. The bill
would require providers of voice services to make number
portability available in accordance with requirements
prescribed by the FCC and to submit reports to the FCC on their
activities related to number portability. CBO cannot determine
whether the aggregate direct costs of complying with those
mandates would exceed the annual threshold for private-sector
mandates established in UMRA ($131 million in 2007, adjusted
annually for inflation) because such costs would depend on the
regulations to be issued under the bill.
The bill would direct the FCC to implement standards for
number portability among all providers of voice services that
at a minimum establish:
Expeditious time frames for each class of
number portability; and
Requirements governing the exchange of data
between voice-service providers in connection with
number portability.
Because those standards have not been established, CBO
cannot estimate the cost to the private sector for complying
with such regulations.
In addition, the bill would require providers of voice
services to submit a report each year to the FCC on their
number portability activity. According to the FCC and industry
sources, voice-service providers currently record such
information for their own business purposes. Consequently, CBO
estimates that the cost of complying with this reporting
requirement would be small relative to UMRA's annual threshold.
The CBO staff contacts for this estimate are Tyler Kruzich
(for federal costs) and Jacob Kuipers (for the private-sector
impact). This estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1769 is intended to facilitate number portability to
increase consumer choice of voice service providers. The
persons subject to the regulations the FCC would implement
under this section are providers of voice service as defined
under the bill.
ECONOMIC IMPACT
S. 1769 would not have an adverse impact on the Nation's
economy.
PRIVACY
The reported bill would have no significant impact on the
personal privacy of U.S. citizens.
PAPERWORK
The reported bill should not significantly increase paperwork
requirements for individuals and businesses.
Section-by-Section Analysis
Section 1. Short title
The short title is the ``Same Number Act of 2007''.
Section 2. Voice service number portability
Subsection (a).--Subsection (a) would add a new section 715
to Title VII of the Communications Act of 1934, as amended
(Communications Act).
New subsection (a) would require providers of voice services
to provide number portability, to the extent technically
feasible, in accordance with requirements prescribed by the
FCC.
New subsection (b)(1) would require the FCC to establish
number portability performance standards within 270 days after
the date of enactment of the Same Number Act of 2007. New
section (b)(1) further would establish minimum criteria for
number portability performance standards. These minimum
criteria would direct the FCC to identify classes of ports (new
section (b)(1)(A)); establish expeditious time frames for each
class of port (new section (b)(1)(B)); establish requirements
governing the exchange of data between voice service providers
in connection with porting a number (new section (b)(1)(C));
and encourage automation of the porting process (new section
(b)(1)(D)).
New subsection (b)(2) would permit the FCC, in adopting
performance standards pursuant to new section (b)(1), to
establish more flexible standards for different classes of
voice service providers, if it finds that uniform application
of a single standard or time frame would result in unreasonable
costs for a class of providers.
New subsection (b)(3) would direct the FCC to make the
standard timeframes it establishes pursuant to new section
(b)(1) available to the public on its website.
New subsection (c)(1) would require voice service providers
to submit an annual report to the FCC on the provider's number
portability activity during the preceding 12 months. This
report would be required to include a statement of the number
of ports it failed to complete within the time required by the
standards and an explanation of the reason for such failures.
New subsection (c)(2) would require the FCC to submit a
report each year to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Energy and Commerce on the effectiveness and efficiency of
the number portability performance standards established under
this new section.
New subsection (c)(3) would sunset the reporting requirements
of new section (c)(1) and new section (c)(2) 60 months after
the date on which the FCC issues a final rule pursuant to new
section (b).
New subsection (d)(1) would direct the FCC to designate one
or more impartial entities to administer telecommunications and
voice service numbering and ensure that numbers are available
on an equitable basis. New section (d)(1) would clarify that
the FCC has exclusive jurisdiction of those portions of the
North American Numbering Plan that relate to the United States.
Nothing in new section (d)(1) would preclude the FCC from
delegating to state commissions or other entities all or some
of this jurisdiction. New section (d)(1) would be substantially
similar to existing section 251(e)(1) of the Communications
Act.
New subsection (d)(2) would state that the costs of
establishing numbering administration arrangements and number
portability shall be borne by all voice service providers, on a
competitively neutral basis. New section (d)(2) would be
substantially similar to existing section 251(e)(2) of the
Communications Act.
New subsection (d)(3) would direct the FCC and any agency or
entity to which the FCC has delegated authority to designate 9-
1-1 as the universal emergency telephone number within the
United States. This designation would apply to both wireline
and wireless telephone service. In making this designation, the
FCC and any agency or entity to which it has delegated
authority would be required to provide appropriate transition
periods for areas where 9-1-1 is not in use on the date of
enactment of the Wireless Communications and Public Safety Act
of 1999. New section (d)(3) would be substantially similar to
existing section 251(e)(3) of the Communications Act.
New subsection (e) would define the term ``voice service'' as
used in this new section.
Subsection (b).--Subsection (b) would amend Section 251 of
the Communications Act to conform with this bill.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
COMMUNICATIONS ACT OF 1934
TITLE II--COMMON CARRIERS
PART II. DEVELOPMENT OF COMPETITIVE MARKETS
SEC. 251. INTERCONNECTION.
(a) General Duty of Telecommunications Carriers.--Each
telecommunications carrier has the duty--
(1) to interconnect directly or indirectly with the
facilities and equipment of other telecommunications
carriers; and
(2) not to install network features, functions, or
capabilities that do not comply with the guidelines and
standards established pursuant to section 255 or 256.
(b) Obligations of All Local Exchange Carriers.--Each local
exchange carrier has the following duties:
(1) Resale.--The duty not to prohibit, and not to
impose unreasonable or discriminatory conditions or
limitations on, the resale of its telecommunications
services.
[(2) Number portability.--The duty to provide, to the
extent technically feasible, number portability in
accordance with requirements prescribed by the
Commission.]
[(3)] (2) Dialing parity.--The duty to provide
dialing parity to competing providers of telephone
exchange service and telephone toll service, and the
duty to permit all such providers to have
nondiscriminatory access to telephone numbers, operator
services, directory assistance, and directory listing,
with no unreasonable dialing delays.
[(4)] (3) Access to rights-of-way.--The duty to
afford access to the poles, ducts, conduits, and
rights-of-way of such carrier to competing providers of
telecommunications services on rates, terms, and
conditions that are consistent with section 224.
[(5)] (4) Reciprocal compensation.--The duty to
establish reciprocal compensation arrangements for the
transport and termination of telecommunications.
(c) Additional Obligations of Incumbent Local Exchange
Carriers.--In addition to the duties contained in subsection
(b), each incumbent local exchange carrier has the following
duties:
(1) Duty to negotiate.--The duty to negotiate in good
faith in accordance with section 252 the particular
terms and conditions of agreements to fulfill the
duties described in paragraphs (1) through (5) of
subsection (b) and this subsection. The requesting
telecommunications carrier also has the duty to
negotiate in good faith the terms and conditions of
such agreements.
(2) Interconnection.--The duty to provide, for the
facilities and equipment of any requesting
telecommunications carrier, interconnection with the
local exchange carrier's network--
(A) for the transmission and routing of
telephone exchange service and exchange access;
(B) at any technically feasible point within
the carrier's network;
(C) that is at least equal in quality to that
provided by the local exchange carrier to
itself or to any subsidiary, affiliate, or any
other party to which the carrier provides
interconnection; and
(D) on rates, terms, and conditions that are
just, reasonable, and nondiscriminatory, in
accordance with the terms and conditions of the
agreement and the requirements of this section
and section 252.
(3) Unbundled access.--The duty to provide, to any
requesting telecommunications carrier for the provision
of a telecommunications service, nondiscriminatory
access to network elements on an unbundled basis at any
technically feasible point on rates, terms, and
conditions that are just, reasonable, and
nondiscriminatory in accordance with the terms and
conditions of the agreement and the requirements of
this section and section 252. An incumbent local
exchange carrier shall provide such unbundled network
elements in a manner that allows requesting carriers to
combine such elements in order to provide such
telecommunications service.
(4) Resale.--The duty--
(A) to offer for resale at wholesale rates
any telecommunications service that the carrier
provides at retail to subscribers who are not
telecommunications carriers; and
(B) not to prohibit, and not to impose
unreasonable or discriminatory conditions or
limitations on, the resale of such
telecommunications service, except that a State
commission may, consistent with regulations
prescribed by the Commission under this
section, prohibit a reseller that obtains at
wholesale rates a telecommunications service
that is available at retail only to a category
of subscribers from offering such service to a
different category of subscribers.
(5) Notice of changes.--The duty to provide
reasonable public notice of changes in the information
necessary for the transmission and routing of services
using that local exchange carrier's facilities or
networks, as well as of any other changes that would
affect the interoperability of those facilities and
networks.
(6) Collocation.--The duty to provide, on rates,
terms, and conditions that are just, reasonable, and
nondiscriminatory, for physical collocation of
equipment necessary for interconnection or access to
unbundled network elements at the premises of the local
exchange carrier, except that the carrier may provide
for virtual collocation if the local exchange carrier
demonstrates to the State commission that physical
collocation is not practical for technical reasons or
because of space limitations.
(d) Implementation.--
(1) In general.--Within 6 months after the date of
enactment of the Telecommunications Act of 1996, the
Commission shall complete all actions necessary to
establish regulations to implement the requirements of
this section.
(2) Access standards.--In determining what network
elements should be made available for purposes of
subsection (c)(3), the Commission shall consider, at a
minimum, whether--
(A) access to such network elements as are
proprietary in nature is necessary; and
(B) the failure to provide access to such
network elements would impair the ability of
the telecommunications carrier seeking access
to provide the services that it seeks to offer.
(3) Preservation of State access regulations.--In
prescribing and enforcing regulations to implement the
requirements of this section, the Commission shall not
preclude the enforcement of any regulation, order, or
policy of a State commission that--
(A) establishes access and interconnection
obligations of local exchange carriers;
(B) is consistent with the requirements of
this section; and
(C) does not substantially prevent
implementation of the requirements of this
section and the purposes of this part.
[(e) Numbering Administration.--
[(1) Commission authority and jurisdiction.--The
Commission shall create or designate one or more
impartial entities to administer telecommunications
numbering and to make such numbers available on an
equitable basis. The Commission shall have exclusive
jurisdiction over those portions of the North American
Numbering Plan that pertain to the United States.
Nothing in this paragraph shall preclude the Commission
from delegating to State commissions or other entities
all or any portion of such jurisdiction.
[(2) Costs.--The cost of establishing
telecommunications numbering administration
arrangements and number portability shall be borne by
all telecommunications carriers on a competitively
neutral basis as determined by the Commission.
[(3) Universal emergency telephone number.--The
Commission and any agency or entity to which the
Commission has delegated authority under this
subsection shall designate 9-1-1 as the universal
emergency telephone number within the United States for
reporting an emergency to appropriate authorities and
requesting assistance. The designation shall apply to
both wireline and wireless telephone service. In making
the designation, the Commission (and any such agency or
entity) shall provide appropriate transition periods
for areas in which 9-1-1 is not in use as an emergency
telephone number on the date of enactment of the
Wireless Communications and Public Safety Act of 1999.]
[(f)] (e) Exemptions, Suspensions, and Modifications.--
(1) Exemption for certain rural telephone
companies.--
(A) Exemption.--Subsection (c) of this
section shall not apply to a rural telephone
company until (i) such company has received a
bona fide request for interconnection,
services, or network elements, and (ii) the
State commission determines (under subparagraph
(B)) that such request is not unduly
economically burdensome, is technically
feasible, and is consistent with section 254
(other than subsections (b)(7) and (c)(1)(D)
thereof).
(B) State termination of exemption and
implementation schedule.--The party making a
bona fide request of a rural telephone company
for interconnection, services, or network
elements shall submit a notice of its request
to the State commission. The State commission
shall conduct an inquiry for the purpose of
determining whether to terminate the exemption
under subparagraph (A). Within 120 days after
the State commission receives notice of the
request, the State commission shall terminate
the exemption if the request is not unduly
economically burdensome, is technically
feasible, and is consistent with section 254
(other than subsections (b)(7) and (c)(1)(D)
thereof). Upon termination of the exemption, a
State commission shall establish an
implementation schedule for compliance with the
request that is consistent in time and manner
with Commission regulations.
(C) Limitation on exemption.--The exemption
provided by this paragraph shall not apply with
respect to a request under subsection (c) from
a cable operator providing video programming,
and seeking to provide any telecommunications
service, in the area in which the rural
telephone company provides video programming.
The limitation contained in this subparagraph
shall not apply to a rural telephone company
that is providing video programming on the date
of enactment of the Telecommunications Act of
1996.
(2) Suspensions and modifications for rural
carriers.--A local exchange carrier with fewer than 2
percent of the Nation's subscriber lines installed in
the aggregate nationwide may petition a State
commission for a suspension or modification of the
application of a requirement or requirements of
subsection (b) or (c) to telephone exchange service
facilities specified in such petition. The State
commission shall grant such petition to the extent
that, and for such duration as, the State commission
determines that such suspension or modification--
(A) is necessary--
(i) to avoid a significant adverse
economic impact on users of
telecommunications services generally;
(ii) to avoid imposing a requirement
that is unduly economically burdensome;
or
(iii) to avoid imposing a requirement
that is technically infeasible; and
(B) is consistent with the public interest,
convenience, and necessity.
The State commission shall act upon any petition filed
under this paragraph within 180 days after receiving
such petition. Pending such action, the State
commission may suspend enforcement of the requirement
or requirements to which the petition applies with
respect to the petitioning carrier or carriers.
[(g)] (f) Continued Enforcement of Exchange Access and
Interconnection Requirements.--On and after the date of
enactment of the Telecommunications Act of 1996, each local
exchange carrier, to the extent that it provides wireline
services, shall provide exchange access, information access,
and exchange services for such access to interexchange carriers
and information service providers in accordance with the same
equal access and nondiscriminatory interconnection restrictions
and obligations (including receipt of compensation) that apply
to such carrier on the date immediately preceding the date of
enactment of the Telecommunications Act of 1996 under any court
order, consent decree, or regulation, order, or policy of the
Commission, until such restrictions and obligations are
explicitly superseded by regulations prescribed by the
Commission after such date of enactment. During the period
beginning on such date of enactment and until such restrictions
and obligations are so superseded, such restrictions and
obligations shall be enforceable in the same manner as
regulations of the Commission.
[(h)] (g) Definition of Incumbent Local Exchange Carrier.--
(1) Definition.--For purposes of this section, the
term ``incumbent local exchange carrier'' means, with
respect to an area, the local exchange carrier that--
(A) on the date of enactment of the
Telecommunications Act of 1996, provided
telephone exchange service in such area; and
(B)(i) on such date of enactment, was deemed
to be a member of the exchange carrier
association pursuant to section 69.601(b) of
the Commission's regulations (47 C.F.R.
69.601(b)); or
(ii) is a person or entity that, on or after
such date of enactment, became a successor or
assign of a member described in clause (i).
(2) Treatment of comparable carriers as incumbents.--
The Commission may, by rule, provide for the treatment
of a local exchange carrier (or class or category
thereof) as an incumbent local exchange carrier for
purposes of this section if--
(A) such carrier occupies a position in the
market for telephone exchange service within an
area that is comparable to the position
occupied by a carrier described in paragraph
(1);
(B) such carrier has substantially replaced
an incumbent local exchange carrier described
in paragraph (1); and
(C) such treatment is consistent with the
public interest, convenience, and necessity and
the purposes of this section.
[(i)] (h) Savings Provision.--Nothing in this section shall
be construed to limit or otherwise affect the Commission's
authority under section 201.
* * * * * * *
TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 715. NUMBER PORTABILITY.
(a) In General.--A provider of voice services has the duty to
provide, to the extent technically feasible, number portability
in accordance with requirements prescribed by the Commission.
(b) Standards.--
(1) In general.--Within 270 days after the date of
enactment of the Same Number Act of 2007, to facilitate
consumer choice among voice service providers the
Commission shall establish number portability
performance standards for voice service providers that,
at a minimum--
(A) identify classes of ports;
(B) where appropriate, establish expeditious
time frames for each class of port, which may
include timeframes for different stages of the
porting;
(C) establish requirements governing the
exchange of data between voice service
providers in connection with porting a number,
including any limits on customer validation
fields or other data fields that may be
required by voice service providers; and
(D) encourage the reasonable automation of
the porting process.
(2) Flexibility.--In adopting performance standards
under paragraph (1), the Commission may establish more
flexible standards for different classes of providers
within a type of voice service provider if the
Commission determines that the uniform application of a
single standard or time frame for compliance would
result in unreasonable compliance costs for a class of
providers.
(3) Public access to timeframes.--The Commission
shall make available to the public on its Internet
website any standard timeframes established by the
Commission under paragraph (1).
(c) Porting Reporting.--
(1) Providers.--Beginning 1 year after the date on
which the Commission issues a final rule under
subsection (b) establishing number portability
performance standards for voice service providers, a
voice service provider shall submit a report each year
to the Commission on its number portability activity
during the preceding 12 months, including a statement
of the number of ports it failed to complete within the
time required by the standards, and an explanation of
the reason for such failures.
(2) Commission.--Beginning 1 year after the date on
which the Commission issues the final rule under
subsection (b), the Commission shall submit a report
each year to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Energy and Commerce on the effectiveness
and efficiency of the number portability performance
standards for voice service providers established under
this section.
(3) Sunset.--The requirements of this subsection
shall cease to apply 60 months after the date on which
the Commission issues such final rule.
(d) Numbering Administration.--
(1) Commission authority and jurisdiction.--The
Commission shall designate 1 or more impartial entities
to administer telecommunications and voice service
numbering and to ensure that numbers are available on
an equitable basis. The Commission has exclusive
jurisdiction of those portions of the North American
Numbering Plan that pertain to the United States.
Nothing in this subsection precludes the Commission
from delegating to State Commission or other entities
all or a portion of such jurisdiction.
(2) Costs.--The costs of establishing numbering
administration arrangements and number portability
shall be borne by all voice service providers on a
competitively neutral basis, as determined by the
Commission.
(3) Universal emergency telephone number.--The
Commission and any agency or entity to which the
Commission has delegated authority under section 715(e)
shall designate 9-1-1 as the universal emergency
telephone number within the United States for reporting
an emergency to appropriate authorities and requesting
assistance. The designation shall apply to both
wireline and wireless telephone service. In making the
designation, the Commission (and any such agency or
entity) shall provide appropriate transition periods
for areas in which 9-1-1 is not in use as an emergency
telephone number on the date of enactment of the
Wireless Communications and Public Safety Act of 1999.
(e) Voice Service Defined.--In this section, the term ``voice
service'' means--
(1) a telecommunications service; or
(2) any service that is not a telecommunications
service, but that otherwise is an IP-enabled voice
service as defined in section 9.3 of the Commission's
regulations (47 C.F.R. 9.3), as those regulations may
be amended by the Commission from time to time.