--- kind: "section" citation: "47 C.F.R. § 52.33" title: "47" number: "52.33" heading: "Recovery of carrier-specific costs directly related to providing long-term number portability." url: "https://uscodex.org/cfr/47/52.33" --- # §52.33. Recovery of carrier-specific costs directly related to providing long-term number portability. - (a) Incumbent local exchange carriers may recover their carrier-specific costs directly related to providing long-term number portability by establishing in tariffs filed with the Federal Communications Commission a monthly number-portability charge, as specified in [paragraph (a)(1)](#a-1) of this section, a number portability query-service charge, as specified in [paragraph (a)(2)](#a-2) of this section, and a monthly number-portability query/administration charge, as specified in [paragraph (a)(3)](#a-3) of this section. - (1) The monthly number-portability charge may take effect no earlier than February 1, 1999, on a date the incumbent local exchange carrier selects, and may end no later than 5 five years after the incumbent local exchange carrier's monthly number-portability charge takes effect. - (i) An incumbent local exchange carrier may assess each end user it serves in the 100 largest metropolitan statistical areas, and each end user it serves from a number-portability-capable switch outside the 100 largest metropolitan statistical areas, one monthly number-portability charge per line except that: - (A) One PBX trunk shall receive nine monthly number-portability charges. - (B) One PRI ISDN line shall receive five monthly number-portability charges. - (C) Lifeline Assistance Program customers shall not receive the monthly number-portability charge. - (ii) An incumbent local exchange carrier may assess on carriers that purchase the incumbent local exchange carrier's switching ports as unbundled network elements under section 251 of the Communications Act, and/or Feature Group A access lines, and resellers of the incumbent local exchange carrier's local service, the same charges as described in [paragraph (a)(1)(i)](#a-1-i) of this section, as if the incumbent local exchange carrier were serving those carriers' end users. - (iii) An incumbent local exchange carrier may not assess a monthly number-portability charge for local loops carriers purchase as unbundled network elements under [section 251](/cfr/47/251.md). - (iv) The incumbent local exchange carrier shall levelize the monthly number-portability charge over five years by setting a rate for the charge at which the present value of the revenue recovered by the charge does not exceed the present value of the cost being recovered, using a discount rate equal to the rate of return on investment which the Commission has prescribed for interstate access services pursuant to [Part 65](/cfr/47/part65.md) of the Commission's Rules. - (2) The number portability query-service charge may recover only carrier-specific costs directly related to providing long-term number portability that the incumbent local exchange carrier incurs to provide long-term number portability query service to carriers on a prearranged and default basis. - (3) An incumbent local exchange carrier serving an area outside the 100 largest metropolitan statistical areas that is not number-portability capable but that participates in an extended area service calling plan with any one of the 100 largest metropolitan statistical areas or with an adjacent number portability-capable local exchange carrier may assess each end user it serves one monthly number-portability query/administration charge per line to recover the costs of queries, as specified in [paragraph (a)(2)](#a-2) of this section, and carrier-specific costs directly related to the carrier's allocated share of the regional local number portability administrator's costs, except that per-line monthly number-portability query/administration charges shall be assigned as specified in [paragraph (a)(1)](#a-1) of this section with respect to monthly number-portability charges. - (i) Such incumbent local exchange carriers may assess a separate monthly number-portability charge as specified in [paragraph (a)(1)](#a-1) of this section but such charge may recover only the costs incurred to implement number portability functionality and shall not include costs recovered through the monthly number-portability query/administration charge. - (ii) The monthly number-portability query/administration charge may end no later than five years after the incumbent local exchange carrier's monthly number-portability query/administration charge takes effect. The monthly number-portability query/administration charge may be collected over a different five-year period than the monthly number-portability charge. These five-year periods may run either consecutively or concurrently, in whole or in part. - (b) All telecommunications carriers other than incumbent local exchange carriers may recover their number portability costs in any manner consistent with applicable state and federal laws and regulations. ## Notes ### Amendments [63 FR 35161, June 29, 1998, as amended at 67 FR 40620, June 13, 2002; 73 FR 9481, Feb. 21, 2008; 80 FR 66479, Oct. 29, 2015] ### Source Source: 61 FR 38637, July 25, 1996, unless otherwise noted. Redesignated at 61 FR 47353, Sept. 6, 1996. ### Authority Authority: 47 U.S.C. 151, 152, 153, 154, 155, 201-205, 207-209, 218, 225-227, 227b-1, 251-252, 271, 303, 332, unless otherwise noted. ### Source Source: 61 FR 38637, July 25, 1996, unless otherwise noted. ### Amendments [63 FR 35161, June 29, 1998, as amended at 67 FR 40620, June 13, 2002; 73 FR 9481, Feb. 21, 2008; 80 FR 66479, Oct. 29, 2015]