§  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 § 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) [Reserved]

   (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;  71 FR 65750 , Nov. 9, 2006]