FCC Adopts NPRM on Toll-Free Number Auctions, NOI on Enterprise 911 Service in Buildings
FCC commissioners voted 4-1 to adopt an NPRM on auctioning toll-free numbers while setting aside some phone numbers for public purposes. Commissioner Mignon Clyburn dissented, saying a notice of inquiry would have been more appropriate, given "significant uncertainties." At their meeting Tuesday, commissioners also unanimously approved an NOI on the provision of 911 service by centralized enterprise communications systems (ECS) in office buildings, hotels, schools and other complexes. Commissioner Jessica Rosenworcel said the agency should undertake a broader effort to usher in Next-Generation 911 systems: "Today's inquiry regarding enterprise systems is a start -- but we need to do much, much more."
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The NPRM proposed to allow the auction of toll-free numbers that currently are assigned on a first-come, first-served basis. It proposed to auction popular vanity and repeater numbers in a new 833 area code, including 833-LAWYERS or 833-333-3333, said a release. There were 17,000 "mutually exclusive" numbers set aside earlier this year, said Wireline Bureau attorney Alex Espinoza. He said the notice proposed to use any net auction revenue to defray the cost of toll-free number administration. It also seeks comment on allowing a secondary market for toll-free numbers and setting aside some numbers for use by government agencies and nonprofit entities for health, safety, educational or other public purposes, he said. The proposals appeared consistent with a draft.
"When it comes to a scarce and valuable resource, the market -- not commissioners’ caprice and not fast filing -- is the superior method to allocate licenses," said Chairman Ajit Pai. Commissioner Mike O'Rielly suspects the number of mutually exclusive 833 numbers would drop as an auction neared, and thanked colleagues for improvements to the item, "including to eliminate unnecessary delegations, to hone the legal authority discussion to focus on the substantive provisions of the [Communications] Act, and to strengthen the discussion on preventing warehousing and hoarding." Commissioner Brendan Carr said the idea of toll-free number auctions was first floated during the Clinton administration.
Clyburn said an NOI would have been the right way to address unanswered questions, including about the potential impact on consumers and small business. She said the proposal to allow secondary markets isn't clear. So-called "responsible organizations," which maintain registration for individual numbers in a national database, would "still be the only entities able to acquire toll-free numbers, and subscribers the only ones able to use them, potentially creating perverse incentives," she said. Rosenworcel said there's already a market "where anyone can 'buy' a toll-free number from entities that openly flout our rules." She said there's "a lot to commend" in the NPRM "but also reasons for caution." She proposed any auction revenue be used to support "our nationwide emergency number, 911."
The NOI on ECS 911 service seeks to identify why such systems "appear to be lagging" in capabilities. There are "reports that some of these systems may not support direct 911 dialing, route 911 calls to the nearest 911 call center, or transmit accurate information on the caller’s location or call-back number," said a release. It said the item (see draft) seeks comment on potential ways to ensure ECS 911 keeps pace with technology, including through voluntary best practices, and the development of voluntary technical or operational standards. It asked whether existing rules should be updated or streamlined.
Pai said it shouldn't matter where a person is calling from: "You should be able to reach first responders quickly, and those first responders should be given the information they need." Rosenworcel said Pai deserves credit for making ECS 911 a priority, but added: "We can't stop here, because limiting our efforts to enterprise systems is thinking small." She said the FCC needs to help "remake our 911 systems for the digital age," starting with a "common definition of next-generation 911." She targeted state diversion of 911 line-item fees on consumer bills to pay for other services: "This is fraud and it has to stop." She also said new funding ideas are needed, noting her idea to use toll-free number auction revenue to support 911.