Emergency Justification Letter

Federal Communications Commission
Washington, D.C. 20554
August 1, 2019
Mr. Alexander Hunt
Chief, Information Policy Branch
Office of Information and Regulatory Affairs
Office of Management and Budget
725 17th Street, NW
Washington, D.C. 20503
Dear Mr. Hunt:
The Federal Communications Commission (Commission) requests Office of Management and
Budget (0MB) approval to submit the information collection described herein under the “emergency
processing” provisions of the Paperwork Reduction Act (PRA) of 1995, 5 CFR § 1320.13. The
Commission is requesting clearance for a new information collection entitled: 3060-XXXX, Application
to Participate in a Toll Free Number Assignment Auction, FCC Form 833. We respectfully request 0MB
approval for this new information collection no later than 35 days after it is received at 0MB.

Background
The information collection requirements to be reported under this new collection are the result of
various Commission actions to implement an auction mechanism for assigning the rights to use the more
than 17,000 mutually exclusive toll free numbers in the $33 code.
On April 21, 2017, in its 833 Order,1 the Commission’s Wireline Competition Bureau (Bureau)
directed the Toll Free Numbering Administrator, Somos, Inc. (Somos), to open a new 833 toll free code
and to identify in the pre-code opening process numbers that could be part of an experiment on using an
alternative, more market-driven and efficient, toll free number assignment process that is consistent with
the Commission’s statutory mandate to make “numbers available on an equitabte basis.”2 Somos
identified over 17,000 toll free numbers for which multiple requests had been made, also called mutually
exclusive numbers.3 While tolL free codes were previously assigned via a first-come, first-served method,
the Commission released its Toll Free Assignment Modernication Notice of Proposed Rulemaking on
September 28, 2017, proposing that other assignment methods, such as an auction, be utilized to

2

Toll Free Service Access Codes, Order, 32 FCC Red 3153 (WCB 2017) (833 Order).
See 47 U.S.C. § 251(e)(1) (giving the Commission “exclusive jurisdiction over those portions of the North

American Numbering Plan that pertain to the United States” and providing that numbers must be made “available on.
an equitable basis”).
Toll Free Assignment Modernization, Report and Order, 33 FCC Red 9274, 9277, para. 10 (2018) (Toll Free
Assignment R&O).
a

modernize the way the Commission assigns toll free numbers with a more market-based and equitable
approach.4
On September 27, 2018, the Commission released its Toll Free Assignment Modernization Report
and Order (Toll Free Assignment R&O), in which it established the initial framework for an auction of
the rights to use these mutually exclusive toll free numbers in the 833 code and directed Somos to serve
as the auctioneer for the 833 code toll free number auction (833 Auction). There are over 17,000
mutually exclusive numbers in the new 833 toll free code have remained unassigned since Somos
identified them in April 2017, and those that participated in the 833 pre-code opening process have been
waiting to learn if and how they may obtain the numbers they requested.
Following the release of the Toll Free Assignment R&O, the Commission initiated the pre-auction
process for the 833 Auction, has been working to establish procedures for the auction and develop a new
electronic auction application form (FCC Form 833), and has been working with Somos to integrate the
FCC Form 833 into the Somos auction platform, which will accept applications to participate in the
auction and auction bidding information. The Commission is seeking approval for the collection on FCC
Form 833 of the disclosures and certifications that must be made by individuals and Responsible
Organizations5 to establish their ability to participate in the 833 Auction. Somos, as the auctioneer, will
review the information submitted on FCC Form 833 to determine which appticants are qualified to bid in
the 833 Auction.

Reqttest for Emergency Processing
Since this is the first auction of its kind, the Commission sought comment on proposed
procedures for conducting the 833 Auction, including applications, payments, and other auction policies
and procedures. The final procedures for the 833 Auction were adopted by the Commission on August 1,
2019.6 The 833 Auction is scheduled for December 17, 2019. The Commission’s pre-auction process
for evaluating auction applications and identifying qualified bidders in a typical auction—which Somos
will draw upon for the 833 Auction—requires a substantial amount of staff review time. Due to the
novelty of using an auction in the toll free context, we anticipate the amount of time needed to evaluate
applications and identify qualified bidders for the 833 Auction is likely to be even more substantial.
Therefore, in order to conduct the 833 Auction according to the schedule, Somos will need to receive
applications to participate in the auction at least three months prior to the scheduled auction date. Given
the timing for the auction, Somos will begin accepting FCC Form $33 applications in October 2019.
Emergency processing is required because of the limited time between when the 833 Auction procedures
were adopted by the Commission and when applicants must begin submitting their FCC Form $33
applications.
There is good cause to grant emergency processing of this collection. First, relevant parties have
already received notice of the collection. The 833 Order and the Toll Free Assignment R&O provided
notice to interested parties about the auction and the general framework for the application and bidding.
See Toll Free Assignment Modernization, Notice of Proposed Rulemaking, 32 FCC Rcd 7885, para. 1 (2017) (Toll
free Assignment NPRM).
‘

A Responsible Organization is the “entity chosen by a toll free subscriber to manage and administer the
appropriate records in the toll free Service Management System for the toll free subscriber.” 47 CFR § 52.10 1(b).
6
See generally Auction of Toll Free Numbers in the 833 Code, Notice and filing Requirements, Upfront Payments,
and Other Procedures for the 833 Auction, Bidding Scheduled to Occur on December 17, 2019, Public Notice, FCC
19-75 (August 2, 2019).

Requiring the Commission to seek OMB’s approval for this new collection under the regular PRA
processing procedures would significantly delay the $33 Auction and, in turn, the assignment of toll free
numbers in the 833 code to parties that participated in the $33 pre-code opening process and have been
waiting for a significant amount of time (to their possible detriment) to obtain the numbers they
requested. Moreover, if the Commission were to wait 120 days to formally notify the public and potential
interested parties of its intent to collect this information on FCC Form $33, the Commission’s ability to
begin accepting applications to participate in the $33 Auction may be substantially delayed. Emergency
approval avoids a delay in assigning the mutually exclusive $33 code toll free numbers to subscribers who
rely on these numbers for their businesses and non-profit organizations, as well as a delay in facilitating
the ability of callers/customers trying to reach those businesses and organizations.
Due to the emergency nature of this request, the Commission is requesting a waiver of the
requirement to publish a 60-day notice in the Federal Register. However, the Commission will publish a
30-day notice in the Federal Register concerning this new information collection under the emergency
processing procedures to give the public an opportunity to comment on this emergency submission. The
Commission will conduct all the necessary regular submission requirements under the PRA after approval
of this emergency request.
The Commission’s staff is ready to work with your PRA Desk Officer to immediately provide
any additional information needed to facilitate OMB’s approval of this emergency request to this new
information collection no later than 35 days after it is received at 0MB. Please have your PRA desk
officer contact Nicole Ongele at (202) 418-2991, [email protected], if there are any questions or
any additional information that may be needed.

Sincerely,

&%

Mindy J. Giniurg,
Deputy Maing Dire
Office of Managing Director
Federal Communications Commission