Sec.  52.31   Deployment of long-term database methods for number portability by
CMRS providers.

   (a)  By  November  24, 2003, all covered CMRS providers must provide a
   long-term database method for number portability, including the ability to
   support  roaming, in the 100 largest MSAs, as defined in  Sec. 52.21(k), in
   compliance with the performance criteria set forth in section 52.23(a) of
   this part, in switches for which another carrier has made a specific request
   for the provision of number portability, subject to paragraph (a)(1) of this
   section. A licensee may have more than one CMRS system, but only the systems
   that satisfy the definition of covered CMRS are required to provide number
   portability.

   (1) Any procedure to identify and request switches for development 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) Carries requesting deployment in the 100 largest MSAs by November 24,
   2003 must submit requests by February 24, 2003.

   (iii)  A covered CMRS provider 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;

   (iv) After November 24, 2003, a covered CMRS provider must deploy number
   portability in additional switches serving the 100 largest MSAs 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.

   (v) Carriers must be able to request deployment in any wireless switch that
   serves any area within the MSA, even if the wireless switch is outside that
   MSA, or outside any of the MSAs identified in the Appendix to this part.

   (2) By November 24, 2002, all covered CMRS providers must be able to support
   roaming nationwide.

   (b)  By  December  31,  1998, all covered CMRS providers must have the
   capability to obtain routing information, either by querying the appropriate
   database themselves or by making arrangements with other carriers that are
   capable of performing database queries, so that they can deliver calls from
   their networks to any party that has retained its number after switching
   from one telecommunications carrier to another.

   (c) The Chief, Wireless Telecommunications 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, for
   the deadline in paragraph (b) of this section, and no later than March 31,
   2000, for the deadline in paragraph (a) of this section).

   (d) In the event a carrier subject to paragraphs (a) and (b) of this section
   is unable to meet the Commission's deadlines for implementing a long-term
   number portability method, 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 carrier seeking such
   relief must demonstrate through substantial, credible evidence the basis for
   its contention that it is unable to comply with paragraphs (a) and (b) of
   this section. Such requests must set forth:

   (1)  The  facts that demonstrate why the carrier is unable to meet our
   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.

   (e) The Chief, Wireless Telecommunications Bureau, may establish reporting
   requirements in order to monitor the progress of covered CMRS providers
   implementing number portability, and may direct such carriers to take any
   actions necessary to ensure compliance with this deployment schedule.

   [ 61 FR 38637 , July 25, 1996, as amended at  62 FR 18295 , Apr. 15, 1997;  63 FR 68204 , Dec. 10, 1998;  64 FR 22563 , Apr. 27, 1999;  68 FR 43009 , July 21,
   2003]