Office of Advocacy

May 22, 1998

Ms. Geraldine A. Matise
Chief, Network Services Division
Common Carrier Bureau
Federal Communications Commission
2000 M Street, NW 2^nd floor
Washington, D.C. 20554

Re: Processing of Set-Aside 888 Numbers for Subscribers Holding Corresponding
800 Numbers, CC Dkt. 95-155

Dear Ms. Matise:

The Office of Advocacy of the United States Small Business Administration applauds the additional measures taken by the Federal Communications Commission’s ("FCC" or "Commission") Common Carrier Bureau that will help ensure that the deployment of set-aside 888 toll free numbers will be more efficient and equitable for small businesses. As previously discussed with your staff, Advocacy is concerned that: 1) small business subscribers will not receive adequate notification from their Responsible Organizations ("RespOrgs") of their "right of first refusal" option with-in the FCC’s initial 90-day period; 2) numbers will be improperly released; 3) and that there is not an appropriate verification process of the incumbent 800 subscriber’s release or reservation of the corresponding 888 number.

Your letter of May 15, 1998, to Michael Wade of Database Service Management, Inc. ("DSMI"), does much to alleviate these concerns. The extension of the deadline for RespOrgs’ notification to their subscribers from April 25, 1998, to August 21, 1998, allows RespOrgs time to provide adequate notice and for small business subscribers to respond. The letter also provides DSMI with additional time to review and process the RespOrgs’ requests which will help reduce, if not eliminate, improper or fraudulent requests. Furthermore, the documentation of written subscriber requests, the retention of 888 numbers in "unavailable" status even after the right of first refusal deadline has expired, and an audit by the Commission will, collectively, enable the Commission to monitor the 888 deployment process more effectively.

Advocacy greatly appreciates the Bureau’s actions to mitigate any potential of irreparable harm to small business subscribers and reduce significant economic burdens on many of the small businesses involved in this proceeding. Thank you for your continued support.

Sincerely,

Jere W. Glover, Esq.
Chief Counsel for Advocacy

S. Jenell Trigg, Esq.
Assistant Chief Counsel for Telecommunications

cc: The Honorable William E. Kennard, Chairman, FCC
A. Richard Metzger, Jr., Chief, Common Carrier Bureau, FCC
Catherine J.K. Sandoval, Director, Office of Communications Business Opportunities, FCC