Sec.  52.26   NANC Recommendations on Local Number Portability Administration.

   (a)  Local  number  portability  administration  shall 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 of the Working Group Report is not incorporated
   herein.

   (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, International Transcription Service, Inc.,
   1231 20th St., N.W., Washington, D.C. 20036, and can be inspected during
   normal business hours at the following locations; Reference Information
   Center, 445 12th Street, SW., Room CY—A257, Washington, D.C. 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/code_of_federal_regulations/ibr_loc
   ations.html. The Working Group Report and its appendices are also available
   in the Internet at http://www.fcc.gov/ccb/Nanc/.

   [ 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]