WPC 2BEXZ3|P (TT) X-#XP\  P6QXP#"5^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777C7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJfJfJfJxSxSxSxSxSCS7S777SAxSx]AN:*KS7JSSSSS.4}}S2~~S}277JJS77SS7J72N7[[^C`^SS`*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZv7SJSS7]777JJ:S7A7xx*7SSSS!S7~.S^7~SC[227`K*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSHP LaserJet 5Si/5Si MXHPLA5SMX.WRSC\  P6Q,,,)$qJP2E*oX_ X-#XP\  P6QXP#"5^2BQdd$BBdq2B28dddddddddd88qqqYzoBNzoozzB8B^dBYdYdYBdd88d8ddddBN8ddddY`(`l2BBBBPBddYYYYYYzYzYzYzYB8B8B8B8ddddddddddYdddddoddYYYYzYzYzYdddddPdBdBBBdNdoNNF2ZdBYddddd7>d<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddndddddddTy.C8*X/C\  P6QP7PC2XXP\  P6QXP.Current Windows Form'3 5?\\(d  2 R Z; 3|P"5^2BQdd$BBdq2B28dddddddddd88qqqYzoBNzoozzB8B^dBYdYdYBdd88d8ddddBN8ddddY`(`l2BBBBPBddYYYYYYzYzYzYzYB8B8B8B8ddddddddddYdddddoddYYYYzYzYzYdddddPdBdBBBdNdoNNF2ZdBYddddd7>d<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddndddddddTimes New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)HP LaserJet 5Si/5Si MXHPLA5SMX.WRSXP\  P6Q,,,)$qJXP2X    I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)X01Í ÍX01Í Í"5^2BoddȦ8BBdr2B28ddddddddddBBrrrdzNdzoȐB8BtdBdoYoYBdo8Bo8odooYNBodddYO,Oh2BBBBPBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYdddooPoNoNBNoddȐoNNF2ldBddddddd<d<BBoodBBddBoBddzzzzzzzzzzBBBBozdddddddYYYYY8888dddddddndddddYd<7PC2XXP\  P6QXP.=7UC2XXU4  pQX?2I=.X &I\  P6Q&P.>2N=.X&N4  pQ&@5PC2X3f_XP*f9 xQXXW!0(Xh0\  P6QhP(1<NANPA B&C Agent.G o  {O-ԍId. at para. 84.G The Commission determined that NECA's appointment as the B&C  XL-  Agent would be effective coincident with NECA's incorporation of the B&C Agent subsidiary.G L {O!-ԍId. at para. 86.G  X)-  The NANP Order III directed that the subsidiary's board be composed of fourteen members from   Ltelecommunications industry, regulatory, and consumer groups, mirroring the representational  X-  composition of the NANC.G {OD%-ԍId. at para. 84.G The NANP Order III also specified that the board must meet at"@,|(|(,,'"  X-least quarterly in Washington, D.C.,O {Oy-ԍId. at paras. 84 and 86.O and that the B&C Agent must submit to annual audits.GZ {O -ԍId. at para. 88.G  X-  5.` ` In a meeting that the NANC held on December 16, 1997, NECA presented  X-  arguments to the full NANC that it should be compensated for the requirements imposed by the  Xt-  NANP Order III, which, it argued, were beyond the scope of those outlined in the Requirements  XS-  Document.\ZS {O - ԍSee Letter from Alan Hasselwander, NANC, to A. Richard Metzger, Jr., FCC, dated January 7, 1998   (January 7 Letter). The Requirements Document was created by the NANC to use as a basis for receiving bids for performing the duties of the NANPA and the B&C Agent.\ On December 19, 1997, members of a NANC Steering Group conducted a   conference call and concluded that because NECA knew for months about the "neutrality cure,"   [the NANC should reject NECA's request for a price increase and replace NECA with Lockheed  X-  ]as the NANPA B&C Agent.H yO-ԍJanuary 7 Letter.H On January 7, 1998, Mr. Hasselwander wrote to the Chief,   lCommon Carrier Bureau (Bureau), and recommended that NECA be removed as the B&C  X-  Agent.: {O-ԍId.: The letter stated that the NANC concluded that NECA was unwilling and unable to  X -fulfill its proposal to act as the NANPA B&C agent as bid.k 0  {Ob-ԍId. See also NANP Order III at para. 85.k  X; -  6.` ` On January 9, 1998, NECA responded to the NANC's January 7th letter to the   Bureau stating that it did not believe the NANC gave full consideration to all of the facts but,  X -  rather, reacted against the notification that some additional costs were imposed by the NANP  X -  Order III.  yOG- {ԍLetter from Bruce Baldwin, NECA, to A. Richard Metzger, Jr., FCC, dated January 9, 1998 (January 9 Letter). NECA stated that it had proposed other "neutrality cures" that met the terms stated   -in the Requirements Document, which would have resulted in no additional costs to their original  X-  yproposal.: {O[-ԍId.: NECA further noted that it stated in Comments filed in response to a Public Notice   setting forth the NANC's recommendation, that creation of a new corporate entity would add  XJ-  costs and urged using a noncorporate independent board.J {O"- ԍId. See also NECA's Comments, dated June 20, 1997, in response to Administration of the North American  {Oq#-Numbering Plan, Public Notice, CC Docket No. 92237 (May 19, 1997) at p. 2 n.7. In the January 9th letter, NECA   recommended that the Commission consider certain options to address some of the NANC's  X-concerns.B yO&-ԍJanuary 9 Letter.B ",|(|(,,E"Ԍ X-  7.` ` NECA appeared at the NANC meeting of January 20, 1998, to argue for  X-  reconsideration of the NANC's vote that it be removed as the B&C Agent. yOV-ԍLetter from Alan Hasselwander, NANC, to A. Richard Metzger, Jr., FCC, dated January 22, 1998. It was the NANC's  X-  view that NECA presented no information which would alter the NANC's recommendation.@X {O-ԍId.@ On   January 22, 1998, members of NECA met with Commission staff and outlined a proposal to keep  Xt-  additional costs to a minimum and to assure that NECA would seek to establish a productive  XQ-  {working relationship with the NANC.Q {O -ԍSee Letter from Bruce Baldwin, NECA, to A. Richard Metzger, Jr., FCC, dated January 26, 1997. On February 10, 1998, the Chief, Common Carrier   Bureau, wrote to the NANC informing it that the separate subsidiary formed by NECA would  X -continue to be the NANPA B&C Agent. | yO8 -ԍLetter from A. Richard Metzger, Jr., FCC, to Alan Hasselwander, NANC, dated February 10, 1998.  X-5 III. DISCUSSION Đ X-lU  X -  8.` ` Section 1.3 of the Commission's rules permits grant of a waiver of any provision  X\ -  Lof its rules or orders for good cause shown.D\  yO-ԍ47 C.F.R.  1.3.D In supporting its case for a waiver, an applicant   must demonstrate that there are special circumstances that warrant a deviation from the rule and  X -must show how such deviation will serve the public interest.  {Oc-ԍNortheast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990).Ā  X -  #9.` ` The events described in the foregoing paragraphs delayed implementation of the  X-  -steps necessary to establish and make operational the separate subsidiary required by the NANP  X-  Order III. Given the importance of the duties the NANPA performs, a 90day waiver of   incorporation of the separate subsidiary corporation serves the public interest by preventing the   [delay from impeding timely funding of the NANPA. We believe that NECA has met its burden   Lof showing good cause with respect to this limited waiver of the neutrality requirements of the  X-  NANP Order III.R.  {O-ԍNANP Order III at para. 86.R Grant of this waiver will permit NECA to function as the B&C Agent prior   to incorporation of the separate subsidiary corporation. Thus, billing and collections to fund the NANPA can begin while NECA finalizes the creation of the separate subsidiary corporation.  Xx-  _10.` ` NECA has represented that the first meeting of the Board of Directors of the B&C  XU-  Agent will occur shortly, and that a waiver of only 90 days is necessary.? U  yO$-ԍPetition at 2.? Furthermore, NECA   has stated that it will make progress reports to the NANC, the NANPA, and the Commission and   will transfer responsibility for billing and collection functions undertaken prior to incorporation"P ,|(|(,,m"  X-  to the B&C Agent at its initial board meeting.>! {Oy-ԍSee id.> This waiver is contingent upon NECA's filing   monthly written reports to the Commission and to the NANC stating the status of incorporation   of the separate subsidiary, and detailing the billing and collections functions being performed by NECA during the waiver period.  XQ-  #11.` ` We hereby grant NECA's request for a 90day waiver of requirements that it form   0a separate subsidiary corporation so that it may function as the B&C Agent prior to the   incorporation of the separate subsidiary. We condition this waiver to require NECA to provide monthly status reports, described above, to the NANC and the Commission.  X-h IV. ORDERING CLAUSE ĐlU  X\ -  12.` ` Accordingly, pursuant to Section 1.3 and the authority contained in sections   {contained in Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  1.3, 0.91 and   ^0.291, IT IS ORDERED that the petition for waiver filed January 27, 1998, by NECA IS GRANTED IN PART, to the extent described in this order. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,A. Richard Metzger, Jr. ` `  hh,Chief, Common Carrier Bureau