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PA Bulletin, Doc. No. 01-426

NOTICES

Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order Released July 20, 2000--NXX Code Sharing; M-00001427F0002

[31 Pa.B. 1428]

Public Meeting held
February 21, 2001

Commissioners Present:  John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; Nora Mead Brownell; Aaron Wilson, Jr.; Terrance J. Fitzpatrick

Order

By the Commission:

   Legislation from both Congress and the Pennsylvania General Assembly has created an environment in this Commonwealth where new telephone companies can compete against existing telephone companies in the provisioning of local telephone service.1 These statutes were designed to foster competition in the telecommunications marketplace with the hope of ultimately increasing customer choice, lowering prices and improving service quality. Unfortunately, the proliferation of fax machines, computer modems, cellular phones and competitive carriers in the local telephone service market have created an unprecedented demand for NXX codes.2 Consequently, area codes are rapidly exhausting in this Commonwealth and nationwide.

   For the past several years, the Commission, in addition to other State and Federal regulators as well as the telecommunications industry itself, has been dedicated to finding solutions to this complex numbering problem. NXX code sharing, which permits NXX codes associated with a specific rate center to be distributed among the various service providers serving that rate center, may be a number conservation measure with the potential of slowing the depletion of numbering resources.

   On December 23, 1999, the Commission filed a petition with the Federal Communications Commission (FCC) requesting authority to implement numerous number conservation measures including NXX code sharing. On July 20, 2000, the FCC issued an order (Delegation Order) granting the Commission's request.3 The Delegation Order provided the Commission with the authority to implement NXX code sharing on an interim trial basis in this Commonwealth if the Commission finds that NXX code sharing is technically feasible and economically viable. The FCC views NXX code sharing as a possible means to enable non-LNP-capable carriers to participate in or approximate the effect of 1,000-block number pooling without requiring them to develop LNP capability.4

   The Commission is anxious to investigate NXX code sharing in this Commonwealth as a potential number conservation measure. The Commission is committed to having adequate numbering resources available to all telecommunications providers while being mindful of the impact that new area codes have on Commonwealth citizens. By implementing NXX code sharing in combination with other number conservation measures,5 the Commission will better ensure that telecommunications carriers have adequate numbering resources without needing to resort to adding new area codes. Before implementing NXX code sharing on a trial basis, however, the Commission is requesting comments from consumers, the telecommunications industry and other interested parties as discussed below.

   Under paragraph 61 of the Delegation Order, the Commission seeks comment on the following aspects of NXX code sharing:

1.  What is NXX Code Sharing?

   As previously mentioned, the Commission defined NXX code sharing as a number conservation method that permits NXX codes associated with a specific rate center to be distributed among various providers serving that rate center. In order to determine whether our definition of NXX code sharing is sufficient, the Commission wants comment on the following specific questions:

   A.  What types of service providers are able to participate in NXX code sharing? Are wireless and wireline carriers only able to participate in NXX code sharing or can other types of carriers participate as well?

   B.  Is there a specific limit to the number of carriers per rate center who can participate in NXX code sharing?

   C.  Does NXX code sharing occur primarily with non-LNP-capable carriers? If that is the case, should the definition of NXX code sharing reflect this fact?

2.  How does NXX Code Sharing Differ from Number Pooling?

   In addition, the Commission wants to adequately distinguish NXX code sharing from number pooling. As previously mentioned, number pooling is the process by which an entire NXX code (a 10,000 block of numbers) is shared by service providers in sequential blocks of 1,000 within a rate center. To aid in our distinction, the Commission requests comment on the following specific questions:

   A.  What are the similarities and differences, technical or otherwise, between NXX code sharing and number pooling?

   B.  Is the Commission correct that the extent of any similarity between number pooling and NXX code sharing is that both are number conservation measures allowing multiple carriers to share NXX codes?

   C.  Are we also correct that the technology used to accomplish both measures is what primarily distinguishes the two?

3.  Is NXX Code Sharing Technically Feasible and Economically Viable?

   Pursuant to the Delegation Order, the Commission is authorized to implement NXX code sharing in Pennsylvania on a trial basis if the Commission finds that NXX code sharing is technically feasible and economically viable. Therefore, we ask for comment on whether NXX code sharing is technically feasible and economically viable in Pennsylvania.

4.  How will NXX Code Sharing Impact the Delivery of Emergency Services in this Commonwealth?

   Under the Delegation Order, the FCC encourages this Commonwealth to assess the implications of NXX code sharing on the delivery of emergency services. To that end, the Commission requests comment on what impact NXX code sharing will have on the delivery of emergency services in this Commonwealth. If there are negative impacts on the delivery of emergency services in this Commonwealth, is it technically feasible and economically viable to resolve them? If so, how?

5.  What are the Network Impacts of NXX Code Sharing in this Commonwealth?

   Under the Delegation Order, the FCC encourages this Commonwealth to evaluate the network impacts of NXX code sharing. To that end, the Commission requests comment on the network impacts of NXX code sharing in this Commonwealth. If there are negative network impacts in this Commonwealth, is it technically feasible and economically viable to resolve them? If so, how?

6.  Is NXX Code Sharing an Appropriate Means to Enable Non-LNP-Capable Carriers to Participate in or Approximate the Effects of 1,000-Block Number Pooling?

   Under the Delegation Order, we inquire as to whether NXX code sharing is an efficient and effective means to enable non-LNP-capable carriers to participate in or approximate the effects of 1,000-block number pooling without requiring these carriers to develop LNP capability. Will NXX code sharing provide significant numbering resources for non-LNP-capable carriers such that NXX code sharing is worth implementing?

7.  If the Commission Authorizes NXX Code Sharing on a Trial Basis, How Should NXX Code Sharing be Implemented?

   The Commission requests comment on the most efficient means to implement NXX code sharing on a trial basis in this Commonwealth should we find that it is technically feasible and economically viable. Specifically, we seek comment on the following questions:

   A.  Whether NXX code sharing should be implemented in the form of 1,000-block assignments or greater.

   B.  Whether these block assignments can and should occur with new NXX code assignments as well as for presently assigned but unused NXX codes.

   C.  Whether it is technically feasible and economically viable to NXX code share with contaminated blocks of numbers.

   D.  Whether there is a contamination threshold where NXX code sharing is not technically feasible. Is there a maximum level of contamination where blocks cannot be returned to the Code Administrator for reassignment?

8.  If the Commission Authorizes NXX Code Sharing on a Trial Basis, Where Should the NXX Code Sharing Trials be Implemented?

   The Commission seeks comment on where NXX code sharing trials will offer the greatest benefit in the form of increasing valuable numbering resources for all carriers. Specifically, we ask for comment on the following questions:

   A.  Should NXX code sharing trials be implemented first in area codes where there is no imminent threat of NXX code exhaustion or, alternatively, in area codes where exhaustion is more imminent?

   B.  Where are the most appropriate locations, in order of priority, to implement NXX code sharing trials in this Commonwealth?

   We request that any comments be written in plain English. Particularly with technical issues, explanations should be sufficiently detailed to adequately explain the relevant concepts, and should be written in a manner that allows individuals with nontechnical backgrounds to comprehend. Furthermore, we request that commentators reference their responses so as to correspond with the specific questions posed in this Order.

   In addition, the Commission invites comment on any issues relevant to this proceeding not specifically addressed in the numbered interrogatories contained in this Order.

   Because the Commission is concerned about the current availability and usage of numbering resources and the impact of proliferating new area codes on consumers as well as telecommunications carriers, we feel that it is important to thoroughly review any and all number conservation methods. The Commission is eager to assess the prospects of NXX code sharing as a potential number conservation initiative, especially for non-LNP capable carriers that will be unable to participate in number pooling; Therefore,

   It Is Ordered That:

   1.  Comments regarding this Order be filed with the Commission no later than 30 days after this Order is published in the Pennsylvania Bulletin. Reply comments are due 15 days thereafter.

   2.  A copy of this Order be served on all jurisdictional telecommunications carriers, wireless carriers, the Office of Consumer Advocate, the Office of Small Business Advocate, and the North American Number Plan Administrator and be published in both the Pennsylvania Bulletin and on the Commission's website.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-426. Filed for public inspection March 9, 2001, 9:00 a.m.]

_______

1  See, The Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 251(e)(1), and Chapter 30 of the Pennsylvania Public Utility Code, 66 Pa.C.S. §§ 3001--3009.

2  NXX codes are the three digits following the area code in a 10-digit telephone number. Under the current infrastructure, telephone numbers are assigned to carriers by NXX code (which contains 10,000 numbers). Consequently, even if a carrier has only 10 customers, 10,000 numbers are still assigned in that area code causing 9,990 numbers to remain unused and unavailable. The result of this is that the amount of NXX codes in an area code exhaust so that a new area code needs to be instituted to generate new NXX codes, and hence, new numbers available for assignment.

3  In the Matter of Numbering Resource Optimization, CC Docket Nos. 99-200, 96-98, NSD File No. L-99-101 (released July 20, 2000) (Delegation Order). Besides the authority to implement NXX code sharing, the order grants the Commission authority to implement 1,000-block number pooling, which is the process by which a 10,000 block of NXX numbers is separated into ten sequential blocks of 1,000 numbers and allocated separately to service providers within a rate center. This order also grants the Commission the authority to maintain rationing procedures for 6 months following implementation of NPA relief and to hear and address claims for an extraordinary need for numbering resources in an NPA subject to a rationing plan.

4  To be able to participate in 1,000-block pooling a carrier must be LNP-capable. See Report and Order and Further Notice of Proposed Rulemaking in the Matter of Numbering Resource Optimization, CC Docket No. 99-200, 15 FCC Rcd 7574, paragraph 116 (2000). Although the telephone network is designed to route traffic based on the assignment of an NXX code to one specific carrier, the introduction of local number portability (LNP) has begun to make the network more flexible. Because LNP enables the switch-specific restriction of telephone number assignments to be removed, any telephone number can be assigned to any switch offering service in the telephone number's rate center. Thus, all LNP-capable providers who service a particular rate area can share all telephone number resources. Consequently, an end user can switch local telephone carriers, services, or physical locations without having to change his phone number. By making the entire spare number inventory available to many providers, telephone number utilization can also be improved and NPA lives extended.

5  See Relief Plan for the 570 NPA, Docket No. P-00961071F0002 (Order entered September 15, 2000), 30 Pa. B. 5108 (September 30, 2000) (Commission seeking comments about industry consensus plan to institute an all services distributed overlay for the geographic area currently covered by the 570 area code.); Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order released March 31, 2000--NXX Code Reclamation, Docket No. M-00001373 (Order entered August 22, 2000), 30 Pa. B. 4701 (September 2, 2000) (Commission established process for reclaiming NXX codes from carriers who have failed to activate them within 6 months of their availability for assignment to customers.); Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order released July 20, 2000--Thousands-Block Number Pooling, Docket Nos. M-00001427 and P-00961061F0002 (Final Order entered December 27, 2000), (Commission ordered that its first interim 1,000-block pooling trial would commence on April 2, 2001 in the 610/484 area codes); Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order released July 20, 2000 - NXX Code Rationing, Docket Nos. M-00001427 and P-00961027F0002 (Order entered December 27, 2000) (Commission ordered that NXX code rationing would continue in the 412 and 878 area codes at a rate of six per month until February 17, 2002); Rate Center Consolidation, Docket No. M-00011452 (Order adopted February 8, 2001)(Commission creates subcommittee charged with the responsibility of creating a plan for implementing rate center consolidation in Pennsylvania and submitting that plan to the Commission by August 21, 2001).



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