§  52.26   NANC Recommendations on Local Number Portability Administration.

   (a) Local number portability administration must comply with the
   recommendations of the North American Numbering Council (NANC) as set
   forth in the report to the Commission prepared by the NANC's Local
   Number Portability Administration Selection Working Group, dated April
   25, 1997 ( Working Group Report ) and its appendices, which are
   incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part
   51. Except that: Section 7.10 of Appendix D is not incorporated herein
   and all references to the porting intervals for simple wireline and
   simple intermodal port requests in the Working Group Report are not
   incorporated herein after § 52.35 becomes effective as described in
   § 52.35(a).

   (b) In addition to the requirements set forth in the Working Group
   Report , the following requirements are established:

   (1) If a telecommunictions carrier transmits a telephone call to a
   local exchange carrier's switch that contains any ported numbers, and
   the telecommunications carrier has failed to perform a database query
   to determine if the telephone number has been ported to another local
   exchange carrier, the local exchange carrier may block the unqueried
   call only if performing the database query is likely to impair network
   reliability;

   (2) The regional limited liability companies (LLCs), already
   established by telecommunications carriers in each of the original Bell
   Operating Company regions, shall manage and oversee the local number
   portability administrators, subject to review by the NANC, but only on
   an interim basis, until the conclusion of a rulemaking to examine the
   issue of local number portability administrator oversight and
   management and the question of whether the LLCs should continue to act
   in this capacity; and

   (3) The NANC shall provide ongoing oversight of number portability
   administration, including oversight of the regional LLCs, subject to
   Commission review. Parties shall attempt to resolve issues regarding
   number portability deployment among themselves and, if necessary, under
   the auspices of the NANC. If any party objects to the NANC's proposed
   resolution, the NANC shall issue a written report summarizing the
   positions of the parties and the basis for the recommendation adopted
   by the NANC. The NANC Chair shall submit its proposed resolution of the
   dispuited issue to the Chief of the Wireline Competition Bureau as a
   recommendation for Commission review. The Chief of the Wireline
   Competition Bureau will place the NANC's proposed resolution on public
   notice. Recommendations adopted by the NANC and forwarded to the Bureau
   may be implemented by the parties pending review of the recommendation.
   Within 90 days of the conclusion of the comment cycle, the Chief of the
   Wireline Competition Bureau may issue an order adopting, modifying, or
   rejecting the recommendation. If the Chief does not act within 90 days
   of the conclusion of the comment cycle, the recommendation will be
   deemed to have been adopted by the Bureau.

   (c) The Director of the Federal Register approves this incorporation by
   reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
   of the Working Group Report and its appendices can be obtained from the
   Commission's contract copier, Best Copy and Printing, Inc. (BCPI),
   Portals II, 445 12th Street, SW, Room CY–B402, Washington, DC 20554,
   (202) 488–5300, or via e-mail at fcc@bcpiweb.com, and can be inspected
   during normal business hours at the following locations: Reference
   Information Center, 445 12th Street, SW., Room CY—A257, Washington, DC
   20554 or at the National Archives and Records Administration (NARA).
   For information on the availability of this material at NARA, call
   (202) 741–6030, or go to:
   http://www.archives.gov/federal-register/cfr/ibr-locations.html. The
   Working Group Report and its appendices are also available on the
   Internet at http://www.fcc.gov/wcb/cpd/Nanc/lnpastuf.html.

   [ 62 FR 48786 , Sept. 17, 1997, as amended at  65 FR 58466 , Sept. 29,
   2000;  67 FR 13226 , Mar. 21, 2002;  69 FR 18803 , Apr. 9, 2004;  74 FR 31638 , July 2, 2009]