Sec.  52.23   Deployment of long-term database methods for number portability by
LECs.

   (a) Subject to paragraphs (b) and (c) of this section, all local exchange
   carriers (LECs) must provide number portability in compliance with the
   following performance criteria:

   (1) Supports network services, features, and capabilities existing at the
   time  number  portability is implemented, including but not limited to
   emergency  services, CLASS features, operator and directory assistance
   services, and intercept capabilities;

   (2) Efficiently uses numbering resources;

   (3) Does not require end users to change their telecommunications numbers;

   (4)  Does not result in unreasonable degradation in service quality or
   network reliability when implemented;

   (5)  Does  not result in any degradation in service quality or network
   reliability when customers switch carriers;

   (6) Does not result in a carrier having a proprietary interest;

   (7) Is able to migrate to location and service portability; and

   (8)  Has  no significant adverse impact outside the areas where number
   portability is deployed.

   (b)(1)  All  LECs  must provide a long-term database method for number
   portability in the 100 largest Metropolitan Statistical Areas (MSAs), as
   defined in  Sec. 52.21(k), in switches for which another carrier has made a
   specific  request  for the provision of number portability, subject to
   paragraph (b)(2) of this section.

   (2) Any procedure to identify and request switches for deployment of number
   portability must comply with the following criteria:

   (i)  Any  wireline  carrier  that  is  certified  (or  has applied for
   certification) to provide local exchange service in a state, or any licensed
   CMRS provider, must be permitted to make a request for deployment of number
   portability in that state;

   (ii) Carriers must submit requests for deployment at least nine months
   before the deployment deadline for the MSA;

   (iii) A LEC must make available upon request to any interested parties a
   list of its switches for which number portability has been requested and a
   list of its switches for which number portability has not been requested;
   and

   (iv) After the deadline for deployment of number portability in an MSA in
   the 100 largest MSAs, according to the deployment schedule set forth in the
   appendix to this part, a LEC must deploy number portability in that MSA in
   additional switches upon request within the following time frames:

   (A) For remote switches supported by a host switch equipped for portability
   (“Equipped Remote Switches”), within 30 days;

   (B) For switches that require software but not hardware changes to provide
   portability (“Hardware Capable Switches”), within 60 days;

   (C)  For switches that require hardware changes to provide portability
   (“Capable Switches Requiring Hardware”), within 180 days; and

   (D)  For  switches  not  capable  of portability that must be replaced
   (“Non-Capable Switches”), within 180 days.

   (c) Beginning January 1, 1999, all LECs must make a long-term database
   method for number portability available within six months after a specific
   request  by  another telecommunications carrier in areas in which that
   telecommunications carrier is operating or plans to operate.

   (d) The Chief, Common Carrier Bureau, may waive or stay any of the dates in
   the implementation schedule, as the Chief determines is necessary to ensure
   the efficient development of number portability, for a period not to exceed
   9 months ( i.e. , no later than September 30, 1999).

   (e) In the event a LEC is unable to meet the Commission's deadlines for
   implementing a long-term database method for number portability, it may file
   with the Commission at least 60 days in advance of the deadline a petition
   to extend the time by which implementation in its network will be completed.
   A LEC seeking such relief must demonstrate through substantial, credible
   evidence the basis for its contention that it is unable to comply with the
   deployment schedule set forth in the appendix to this part 52. Such requests
   must set forth:

   (1)  The  facts that demonstrate why the carrier is unable to meet the
   Commission's deployment schedule;

   (2) A detailed explanation of the activities that the carrier has undertaken
   to meet the implementation schedule prior to requesting an extension of
   time;

   (3) An identification of the particular switches for which the extension is
   requested;

   (4)  The time within which the carrier will complete deployment in the
   affected switches; and

   (5) A proposed schedule with milestones for meeting the deployment date.

   (f) The Chief, Wireline Competition Bureau, shall monitor the progress of
   local exchange carriers implementing number portability, and may direct such
   carriers  to  take any actions necessary to ensure compliance with the
   deployment schedule set forth in the appendix to this part 52.

   (g) Carriers that are members of the Illinois Local Number Portability
   Workshop must conduct a field test of any technically feasible long-term
   database method for number portability in the Chicago, Illinois, area. The
   carriers participating in the test must jointly file with the Common Carrier
   Bureau a report of their findings within 30 days following completion of the
   test. The Chief, Common Carrier Bureau, shall monitor developments during
   the  field  test, and may adjust the field test completion deadline as
   necessary.

   [ 61 FR 38637 , July 25, 1996, as amended at  62 FR 18294 , Apr. 15, 1997;  67 FR 13226 , Mar. 21, 2002;  68 FR 43009 , July 21, 2003]