**************************** **************************** NOTICE **************************** **************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. **************************** **************************** ********* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� News Media Information (202) 418-0500. Internet http://www.fcc.gov DA 99-347 Released: February 17, 1999 FCC SEEKS COMMENT ON REQUEST FOR EXPEDITIOUS REVIEW OF THE TRANSFER OF THE LOCKHEED MARTIN COMMUNICATIONS INDUSTRY SERVICES BUSINESS CC Docket No. 92-237 NSD File No. 98-151 Comments Due: March 17, 1999 INTRODUCTION The Common Carrier Bureau (Bureau) hereby gives notice of the filing by Lockheed Martin IMS Corporation (Lockheed Martin) of responses to questions and/or issues concerning the Lockheed Martin Request for Expeditious Review of the Transfer of the Lockheed Martin Communications Industry Services (CIS) Business to a new independent company, Warburg, Pincus & Co. The CIS business unit of Lockheed Martin IMS currently serves as the North American Numbering Plan Administrator (NANPA). Notice also is given of responses filed by Mitretek Systems (Mitretek), which serves as the alternate NANPA, to issues and/or questions directed to it. The Bureau seeks comment from interested parties on the Lockheed Martin Request, taking into account the Lockheed Martin Response and the Mitretek Answers. Comments should be filed in accordance with the procedures outlined below. BACKGROUND In an order released on July 13, 1995, the Commission established the North American Numbering Council (NANC) pursuant to the Federal Advisory Committee Act (FACA). The NANP Order directed the NANC to recommend to the Commission and to other member countries of the North American Numbering Plan (NANP) a neutral entity to serve as the NANPA and a mechanism for recovering the costs of NANP administration in the United States. On October 9, 1997, the Commission affirmed the NANC's selection of Lockheed Martin as the NANPA, subject to conditions outlined in the order and to the rules proposed by the NANC to govern the activities of the NANPA. The Commission also accepted the NANC's recommendation that Mitretek serve as the alternate NANPA, to assume NANPA responsibilities for the remainder of the five-year term, if it wished to do so, should Lockheed Martin not perform the NANPA functions in a satisfactory fashion. The NANPA is required by statute and by the Commission's rules to assign and administer NANP resources in an efficient, effective, fair, unbiased, and non- discriminatory manner. For this reason, in its February 20, 1997 NANP Administration Requirements Document (Requirements Document), the NANC established specific criteria to ensure the neutrality of the NANPA. In general, the NANPA must be a "non-governmental entity that is not aligned with any particular telecommunications industry segment." More specifically, the Requirements Document establishes that the NANPA may not be an affiliate of any telecommunications service provider, and defined the term "affiliate." Lockheed Martin assumed the NANPA functions in February 1998 and will have assumed the central office (CO) code administrator functions from all 11 regional CO code administrators by early June 1999. Recently, the Commission was placed on notice that Lockheed Martin is seeking to acquire Comsat Government Services, Inc., a wholly owned subsidiary of Comsat, to facilitate the strategic aims of Lockheed Martin's newly formed Global Telecommunications subsidiary. On October 22, 1998, Lockheed Martin issued a report to the NANC, following upon several previous reports to the NANC, in which Lockheed Martin announced its intention to divest the CIS unit, in order to adhere to the Commission's neutrality requirement for the NANPA, as the third party administrator of numbering resources. On December 21, 1998, Lockheed Martin filed its request with the Commission. In a Public Notice released on January 7, 1999, the Bureau sought input from the public on issues that the Commission should address in considering this matter of significant public interest. The Bureau also invited comment, in the form of questions and/or issues, to be directed to Mitretek. Six parties filed comments with the Bureau on January 22, 1999, identifying questions and/or issues that they believed the Commission should address in considering the Lockheed Martin Request. In addition, the North American Numbering Council (NANC), filed a letter, including multiple enclosures, with the Bureau in response to the January 7 Public Notice. On January 27, 1999, the Bureau directed questions to Lockheed Martin and Mitretek, to be answered on the public record no later than February 12, 1999. REQUEST FOR PUBLIC COMMENT The NANP is the basic numbering scheme for the telecommunications networks located in 18 countries, including the United States, U.S. territories, Canada and countries in the Caribbean. Because of the importance of the NANPA's neutrality to the administration of numbering resources on a neutral, fair, effective and efficient basis, the Bureau seeks to ensure a comprehensive review of the Lockheed Martin Request. Moreover, because of the nature of the functions performed by the NANPA, the Bureau seeks comments on whether the Lockheed Martin Request should be granted, with or without any conditions. In particular, the Bureau asks interested parties to discuss the following issues in their comments: (1) the neutrality of the CIS Acquisition Corporation, on the basis of the neutrality criteria set forth in the Requirements Document, as well as the Commission's rules and orders; (2) the ability of the CIS Acquisition Corporation to perform the functions of the NANPA in accordance with the Requirements Document; (3) the commitment of the CIS Acquisition Corporation to perform the functions of the NANPA at the price agreed to by Lockheed Martin; and, (4) the ability and commitment of the CIS Acquisition Corporation to fulfill the remainder of Lockheed Martin's current term as NANPA, without compromising its neutrality and the resources needed to administer the NANP. The Bureau also recognizes that the Commission adopted the NANC's recommendation that Mitretek serve as the alternate NANPA, to assume NANPA responsibilities for the remainder of the five-year term should Lockheed Martin not perform the NANPA functions in a satisfactory fashion. As we noted in the January 7 Public Notice, Mitretek has urged the Commission to name it, the designated alternate, as the NANPA successor to Lockheed Martin. For this reason, commenters that support Mitretek's position should address the following issues in their comments: (1) the ability of Mitretek to perform the functions of the NANPA in accordance with the Requirements Document; (2) the price at which Mitretek would agree to perform the functions of the NANPA and its ability and commitment to fulfill the remainder of Lockheed Martin's current term as the NANPA, without compromising its neutrality and the resources needed to administer the NANP; and, (3) the manner in which Mitretek would transition the NANPA responsibilities to ensure a transparent and seamless transfer from the standpoint of the industry. Interested parties also may wish to address the impact of the transfer of the NANPA functions from Lockheed Martin to a new entity on the other 18 members of the NANP and on the seven LLCs in the United States. Finally, the Bureau notes that it is also contemporaneously requesting the NANC to provide its input to the Bureau on the Lockheed Martin Request. The Bureau believes that the NANC's input will assist the Commission in reaching a decision that ensures the NANPA's neutrality to the administration of numbering resources on a neutral, fair, effective and efficient basis. PROCEDURAL MATTERS Comments on the Lockheed Martin Request, taking into account the Lockheed Martin Response as well as the Mitretek Answers, must be filed with the Bureau by March 17, 1999. Parties should reference CC Docket No. 92-237 and NSD File No. 98-151 in their comments. Parties may obtain the Lockheed Martin Request at the NANC website, www.fcc.gov/ccb/Nanc. The Lockheed Martin Request is available for public inspection and copying in the Network Services Division Public Reference Room, Room 220, 2000 M Street, NW, Washington, DC 20554. Copies of the Lockheed Martin Request also are available from ITS, at 1231 20th Street, NW, Washington, DC 20036, or by calling (202) 857-3800. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to . Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e- mail comments, commenters should send an e-mail to ecfs@fcc.gov, including "get form " in the body of the message. A sample form and directions will be sent in reply.Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. This proceeding is considered exempt for ex parte purposes. 47 C.F.R.  1.1200(a), 1.1204(b). Interested parties should file an original and four copies of their comments with the Office of the Secretary, Federal Communications Commission, 445 Twelfth St., S.W., Room TW-A325, Washington, D.C. 20554. In addition, parties should send two copies to Jeannie Grimes, Common Carrier Bureau, FCC, Suite 235, 2000 M Street, N.W., Washington, D.C. 20554, and one copy to ITS, at 1231 20th Street, N.W., Washington, D.C. 20036. FOR FURTHER INFORMATION CONTACT: Kris Monteith at (202) 418- 1520 or Jared Carlson or Jeannie Grimes at (202) 418-2320. The address is: Network Services Division, Common Carrier Bureau, Federal Communications Commission, 2000 M Street, NW, Suite 235, Washington, D.C. 20054. The fax number is: (202) 418-2345. The TTY number is: (202) 418-0484.