Sec.  52.33   Recovery of carrier-specific costs directly related to providing
long-term number portability.

   (a) Incumbent local exchange carriers may recover their carrier-specific
   costs  directly  related  to providing long-term number portability by
   establishing in tariffs filed with the Federal Communications Commission a
   monthly number-portability charge, as specified in paragraph (a)(1) of this
   section,  a  number  portability query-service charge, as specified in
   paragraph  (a)(2)  of  this  section, and a monthly number-portability
   query/administration  charge, as specified in paragraph (a)(3) of this
   section.

   (1) The monthly number-portability charge may take effect no earlier than
   February 1, 1999, on a date the incumbent local exchange carrier selects,
   and may end no later than 5 five years after the incumbent local exchange
   carrier's monthly number-portability charge takes effect.

   (i) An incumbent local exchange carrier may assess each end user it serves
   in the 100 largest metropolitan statistical areas, and each end user it
   serves from a number-portability-capable switch outside the 100 largest
   metropolitan statistical areas, one monthly number-portability charge per
   line except that:

   (A) One PBX trunk shall receive nine monthly number-portability charges.

   (B) One PRI ISDN line shall receive five monthly number-portability charges.

   (C) Lifeline Assistance Program customers shall not receive the monthly
   number-portability charge.

   (ii)  An  incumbent local exchange carrier may assess on carriers that
   purchase the incumbent local exchange carrier's switching ports as unbundled
   network elements under section 251 of the Communications Act, and/or Feature
   Group  A  access  lines, and resellers of the incumbent local exchange
   carrier's  local  service,  the same charges as described in paragraph
   (a)(1)(i) of this section, as if the incumbent local exchange carrier were
   serving those carriers' end users.

   (iii)  An  incumbent  local  exchange carrier may not assess a monthly
   number-portability charge for local loops carriers purchase as unbundled
   network elements under section 251.

   (iv)  The  incumbent local exchange carrier shall levelize the monthly
   number-portability charge over five years by setting a rate for the charge
   at which the present value of the revenue recovered by the charge does not
   exceed the present value of the cost being recovered, using a discount rate
   equal  to  the  rate  of return on investment which the Commission has
   prescribed  for  interstate access services pursuant to Part 65 of the
   Commission's Rules.

   (2)  The  number  portability  query-service  charge  may recover only
   carrier-specific  costs directly related to providing long-term number
   portability that the incumbent local exchange carrier incurs to provide
   long-term number portability query service to carriers on a prearranged and
   default basis.

   (3) An incumbent local exchange carrier serving an area outside the 100
   largest  metropolitan statistical areas that is not number-portability
   capable but that participates in an extended area service calling plan with
   any  one  of the 100 largest metropolitan statistical areas or with an
   adjacent number portability-capable local exchange carrier may assess each
   end user it serves one monthly number-portability query/administration
   charge per line to recover the costs of queries, as specified in paragraph
   (a)(2) of this section, and carrier-specific costs directly related to the
   carrier's  allocated  share  of  the regional local number portability
   administrator's costs, except that per-line monthly number-portability
   query/administration charges shall be assigned as specified in paragraph
   (a)(1) of this section with respect to monthly number-portability charges.

   (i) Such incumbent local exchange carriers may assess a separate monthly
   number-portability charge as specified in paragraph (a)(1) of this section
   but such charge may recover only the costs incurred to implement number
   portability functionality and shall not include costs recovered through the
   monthly number-portability query/administration charge.

   (ii) The monthly number-portability query/administration charge may end no
   later than five years after the incumbent local exchange carrier's monthly
   number-portability query/administration charge takes effect. The monthly
   number-portability query/administration charge may be collected over a
   different five-year period than the monthly number-portability charge. These
   five-year periods may run either consecutively or concurrently, in whole or
   in part.

   (b) All interconnected VoIP providers and telecommunications carriers other
   than incumbent local exchange carriers may recover their number portability
   costs in any manner consistent with applicable state and federal laws and
   regulations.

   [ 63 FR 35161 , June 29, 1998, as amended at  67 FR 40620 , June 13, 2002;  73 FR 9481 , Feb. 21, 2008]

   Effective Date Notes:   1. At  63 FR 35161 , June 29, 1998,  Sec. 52.33 was added.
   Paragraph (a)(1) contains information collection requirements and will not
   become effective until approval has been given by the Office of Management
   and Budget.

   2. At  67 FR 40620 , June 13, 2002,  Sec. 52.33 was amended by adding paragraph
   (a)(3), which contains information collection requirements and will not
   become effective until approval has been given by the Office of Management
   and Budget.