§ 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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