§  52.105   Warehousing.

   (a) As used in this section, warehousing is the practice whereby
   Responsible Organizations, either directly or indirectly through an
   affiliate, reserve toll free numbers from the Service Management System
   database without having an actual toll free subscriber for whom those
   numbers are being reserved.

   (b) Responsible Organizations shall not warehouse toll free numbers.
   There shall be a rebuttable presumption that a Responsible Organization
   is warehousing toll free numbers if:

   (1) The Responsible Organization does not have an identified toll free
   subscriber agreeing to be billed for service associated with each toll
   free number reserved from the Service Management System database; or

   (2) The Responsible Organization does not have an identified toll free
   subscriber agreeing to be billed for service associated with a toll
   free number before switching that toll free number from reserved or
   assigned to working status.

   (c) Responsible Organizations shall not maintain a toll free number in
   reserved status if there is not a prospective toll free subscriber
   requesting that toll free number.

   (d) A Responsible Organization's act of reserving a number from the
   Service Management System database shall serve as that Responsible
   Organization's certification that there is an identified toll free
   subscriber agreeing to be billed for service associated with the toll
   free number.

   (e) Tariff Provision . The following provision shall be included in the
   Service Management System tariff and in the local exchange carriers'
   toll free database access tariffs:

   [T]he Federal Communications Commission (“FCC”) has concluded that
   warehousing, which the FCC defines as Responsible Organizations, either
   directly or indirectly through an affiliate, reserving toll free
   numbers from the SMS database without having an identified toll free
   subscriber from whom those numbers are being reserved, is an
   unreasonable practice under §  201(b) of the Communications Act and is
   inconsistent with the Commission's obligation under §  251(e) of the
   Communications Act to ensure that numbers are made available on an
   equitable basis; and if a Responsible Organization does not have an
   identified toll free subscriber agreeing to be billed for service
   associated with each toll free number reserved from the database, or if
   a Responsible Organization does not have an identified, billed toll
   free subscriber before switching a number from reserved or assigned to
   working status, then there is a rebuttable presumption that the
   Responsible Organization is warehousing numbers. Responsible
   Organizations that warehouse numbers will be subject to penalties.

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