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This Order establishes a process to authorize interconnected VoIP providers to obtain North American Numbering Plan (NANP) telephone numbers directly from the numbering administrators, rather than through intermediaries. Section 52.15(g)(2)(i) of the Commission’s rules limits access to telephone numbers to entities that demonstrate they are authorized to provide service in the area for which the numbers are being requested. The Commission has interpreted this rule as requiring evidence of either a State certificate of public convenience and necessity (CPCN) or a Commission license. Neither authorization is typically available in practice to interconnected VoIP providers. Thus, as a practical matter, generally only telecommunications carriers are able to provide the proof of authorization required under our rules, and thus able to obtain numbers directly from the numbering administrators. This Order establishes an authorization process to enable interconnected VoIP providers that choose direct access to request numbers directly from the numbering administrators. Next, the Order sets forth several conditions designed to minimize number exhaust and preserve the integrity of the numbering system.

The Order requires interconnected VoIP providers obtaining numbers to comply with the same requirements applicable to carriers seeking to obtain numbers. These requirements include any State requirements pursuant to numbering authority delegated to the States by the Commission, as well as industry guidelines and practices, among others. The Order also requires interconnected VoIP providers to comply with facilities readiness requirements adapted to this context, and with numbering utilization and optimization requirements. As conditions to requesting and obtaining numbers directly from the numbering administrators, interconnected VoIP providers are also required to: (1) provide the relevant State commissions with regulatory and numbering contacts when requesting numbers in those states; (2) request numbers from the numbering administrators under their own unique OCN; (3) file any requests for numbers with the relevant State commissions at least 30 days prior to requesting numbers from the numbering administrators; and (4) provide customers with the opportunity to access all abbreviated dialing codes (N11 numbers) in use in a geographic area. 

The Order also modifies Commission’s rules in order to permit VoIP Positioning Center (VPC) providers to obtain pseudo-Automatic Number Identification (p-ANI) codes directly from the numbering administrators for purposes of providing E911 services.

Based on experiences and review of the direct access authorization process established by the 2015 Order, the Commission adopted a FNPRM which proposes clarifications and revisions to the Commission’s rules to better ensure that interconnected VoIP providers that obtain direct access authorization to not facilitate illegal robocalls, spoofing, or fraud, pose national security risks, or evade or abuse intercarrier compensation requirements.  The FNPRM proposes to require additional certifications as part of the direct access authorization applications process, that would include certification of compliance with anti-robocalling obligations.  The FNPRM also proposes to clarify that applicants disclose foreign ownership information on their direct access application.  It would also propose to generally refer those applications with 10% or greater foreign ownership to the Executive Branch agencies for their review, consistent with the Commission’s referral of other types of applications.  The FNPRM also propose to clarify that holders of a direct access authorization must update the Commission and applicable states within 30 days of changes to ownership information submitted to the Commission.  The FNPRM further proposes to clarify that Commission staff retain the authority to determine when to accept filings as complete and proposes to direct Commission staff to reject an application if an applicant has engaged in behavior contrary to the public interest or has been found to originate or transmit illegal robocalls.  Finally, the FNPRM seeks comment on whether to expand the direct access authorization to one-way VoIP providers or other entities that use numbering resources.

In 2023, the Commission established by Second Report and Order modifications to and clarifications of the direct access authorization rules to reduce access to telephone numbers by potential perpetrators of illegal robocalls.  Such changes include certifications to be made by applicants affirming compliance with the Commission’s preexisting requirements concerning STIR/SHAKEN caller ID authentication and Robocall Mitigation Database filings.

The Order also adopts important guardrails to protect national security, law enforcement, and numbering resources.  These changes include foreign ownership and control disclosures, certification of compliance with State numbering requirements, certification of compliance with the Commission’s rules pertaining to access arbitrage, and ensuring the accuracy of application contents upon application as well as after the authorization is granted.

The Order also codifies Bureau staff review, rejection, and authorization revocation matters.

The item also includes an FNPRM which proposes a 30-day deadline for existing authorization holders to comply with rule changes.  The FNPRM also proposes a delegation of authority to the Numbering Administrator via public notice to suspend all pending and future requests for numbers if the new information submitted by an existing authorization holder indicates a material change or raises a public interest concern.  The FNPRM further proposes that authorization holders continue to use numbers pending Bureau investigation. 

The Second FNPRM also proposes that new applicants be required to disclose initial service area where numbers will be used.  The FNPRM also proposes that authorizations holders that sell or lease numbers be required to obtain the direct access certification requirements from the indirect access recipients, retain copies, and file with the Commission a list of the indirect access recipients.  The FNPRM also seeks comment on enforcement actions that the Commission could take against applicants and authorization holders for violation of the direct access authorization rules.