NOTICES
Relief Plan for the 570 NPA; P-00961071F0002
[30 Pa.B. 5108] Public meeting held
September 13, 2000Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; Nora Mead Brownell; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Order By the Commission:
Introduction On July 19, 2000, the North American Numbering Plan Administrator NeuStar, Inc. (''NANPA''), in its role as the neutral third party NPA Relief Planner for Pennsylvania,1 acting on behalf of the Pennsylvania telecommunications industry (''industry'') filed a petition with the Commission requesting approval of its plan for the 570 Numbering Plan Area (''NPA'' or ''area code''). According to the petition, the industry reached a consensus2 to implement an all services distributed overlay for the geographic area covered by the 570 NPA which would create a new area code to service the area. Currently, the 570 NPA is projected to exhaust all available NXX codes3 during the first quarter 2002. According to its petition, the industry plans to begin implementation of the new overlay NPA on October 2, 2000 unless otherwise directed by the Commission. Under the current schedule, the new NPA would probably be activated May 2002.
The Commission remains committed to the competitive process in the telephone industry, and stands firmly resolved to ensure that all telecommunications carriers have adequate numbering resources so as to compete in the rapidly growing telecommunications marketplace in Pennsylvania. The Commission agrees with NANPA and the industry that a relief plan needs to be implemented for the 570 NPA to ensure the availability of adequate numbering resources on an equitable, efficient, and timely basis for all telecommunications carriers. Since the Commission has the ultimate authority to approve or reject a relief plan,4 it hereby directs that the implementation schedule for a relief plan for the 570 NPA not begin until the Commission has had adequate time to receive comments concerning what type of relief should be implemented.
The Commission is mindful of the Federal Communications Commission's (''FCC'') policy that state commissions implement area code relief in a timely manner. Seeking comments on the proposed plan will not preclude customers from receiving telecommunications services from providers of their choice because of a lack of numbering resources for two reasons. First, the Commission is actively implementing its newly granted authority to implement number conservation measures.5 For example, on August 17, 2000 the Commission instituted its code reclamation process at M-00001373. By reclaiming unused numbers, the Commission will be able to ensure that numbers are available for assignment in the 570 NPA and statewide. Second, the current relief plan proposed by the industry allows 19 months for full implementation of the new NPA. The Commission's past experience with area code overlays is that they have been fully implemented within as little as six months. Therefore, temporarily delaying the current implementation schedule will not compromise the ability of area code relief to be implemented in the 570 NPA on a timely basis.
Discussion I. History of the 570 NPA
On June 28, 1996, the telecommunications industry asked the Commission to decide how to relieve the shortage of numbering resources in the 717 NPA because the industry could not reach a consensus. Therefore, the Commission opened a docket at P-00961071 that ultimately led to the creation of the 570 NPA on May 21, 1998. The 570 NPA was a geographic split of the 717 NPA and was activated on April 8, 1999. The geographic area covered by the 570 NPA is comprised of 21 north-central counties and includes the cities of Williamsport, Wilkes-Barre, Scranton, and Stroudsburg. The estimated population of this area is 1,679,171. At the time it was created, the 570 NPA was projected to contain enough numbering resources for almost six years.
On May 4, 2000, not quite a year after activation of the 570 NPA, the industry was notified by the NANPA that relief planning was necessary. According to the NANPA, the projected exhaust of 570 is now first quarter 2002. At the 570 NPA Relief Industry Meeting held on June 1, 2000, members from various ILECs, CLECs, wireless companies, the Office of Consumer Advocate, and the Commission were present. The NANPA proposed three relief alternatives to alleviate the situation in the 570 NPA. After discussion of these three alternatives, the industry reached a consensus to adopt an all services distributed overlay as the form of relief for the 570 NPA with implementation of this overlay to begin on October 2, 2000. Pursuant to the plan, all existing customers in the 570 NPA area would retain their 570 area code and would not be required to change their telephone numbers. Consistent with FCC regulations, the industry reached a consensus to implement a 10-digit dialing plan both within and between the existing NPA and the overlay NPA.6
II. Relief Planning for the 570 NPA
According to FCC regulations, new area codes can be introduced to relieve the shortage of numbers in an area code through the use of the following three methods.
a. A geographic area code split, which occurs when the geographic area served by an area code is split into two or more geographical parts;
b. An area code boundary realignment, which occurs when the boundary lines between two adjacent area codes are shifted to allow the transfer of some numbers from one area code to the other;
c. An area code overlay, which occurs when a new area code is introduced to serve the same geographic area as an existing area code. 47 C.F.R. § 52.19(c)(1)--(3).
Although the NANPA notifies the industry when an area code needs relief planning, it is a neutral third party that does not express an opinion on any proposed relief alternative. Additionally, the industry is encouraged to participate in the creation of the relief alternatives and is free to present any plans during the relief planning meeting.
At the June 1, 2000 relief planning meeting, the following three relief alternatives, created by the NANPA, were discussed. They are attached hereto as ''Appendix A.''
a. Alternative #1--a new NPA code would be assigned to the same geographic area as the existing 570. All customers would retain their same phone numbers but 10-digit local dialing would be required for all telephone calls.
b. Alternative #2--a split boundary line that runs east-to-west would be drawn and a new area code would be assigned. The rate centers north of the boundary line include the areas of Morris, Estella, Noxen, Pittston, and Mount Pocono. The rate centers south of the boundary line include Renovo, Loyalsock, Muhlenburg, and Wilkes-Barre.
c. Alternative #3--a split boundary line that runs north-to-south along would be drawn and a new area code would be assigned. Some of the rate centers west of the boundary line are located in St. Joseph, Mehoopany, Trucksville, Nuangola, and McAdoo. Some of the rate centers east of the boundary line are located in Montrose, Nicholson, Moosic, Wilkes-Barre, and Weatherly.
After discussing these three alternatives at the June 1, 2000 meeting, the industry decided to recommend that the overlay (Alternative #1) be implemented. Pennsylvania has had experiences throughout the state with both splits and overlays. There are benefits and disadvantages to either method. With the imposition of an overlay, existing land-based telephone customers are not likely to have to change telephone numbers. Therefore, customers will not need to change their advertising and stationery. However, the FCC requires that 10 digits be used to dial all numbers in the overlaid area when an overlay is implemented. New NXX numbers from the new area code are assigned to carriers that do not have numbers available in a given rate center. Therefore, the first three digits of a 10-digit telephone number around the corner or down the block might be from the new area code. Eventually, a single customer might have two different area codes for telephone lines serving his or her home or place of business, if the existing carrier has run out of numbers in an NXX assigned to the old area code.
Implementation of a geographic split involves dividing an existing area code into two or more parts, with one part retaining the old area code and other(s) receiving a new area code(s). Callers are presently able to continue using 7-digit dialing for calls made within the area code boundaries. Customers in the area retaining the old area code are minimally impacted. Customers in the new area code, however, must change their area codes. Businesses must revise their stationery and their advertising. Commercial customers may not be able to retain ''vanity numbers,''7 upon which they have spent advertising dollars. Callers, particularly at the border of the old and new area codes are temporarily inconvenienced. They often must dial 11 digits to make calls that were previously 7-digit numbers. Although local calling areas actually have not changed, and calls that were local before the area code split remain local calls, even if they cross into the new area code, people are initially disconcerted and distrusting of the concept of an eleven-digit local call. Indeed, local calling areas do not change no matter which method of area code relief is implemented.
The Commission is seeking comments on the three relief alternatives submitted by the NANPA and is open to suggestions regarding any other potential alternatives for providing relief to the 570 NPA. Note, however, that any proposed relief plan must be in the form of an overlay, a split, or a boundary realignment because the Commission does not have the authority to implement any other type of relief. Because the Commission is mindful of the need to ensure that numbering resources will be available on a timely basis for carriers wishing to operate in the 570 NPA, the comment period will be short and there will be no provision for reply comments.
Conclusion The policy of the Commission is to ensure that numbering resources, including area code relief planning, are made available on an equitable, efficient and timely basis in Pennsylvania while ensuring that the impact of proliferating new area codes on consumers is as minimal as possible; Therefore,
It Is Ordered:
1. That NeuStar and the telecommunications industry do not begin implementation of the all services distributed overlay relief plan for the 570 NPA on October 2, 2000 as currently scheduled.
2. That comments, as requested by this Order regarding the form of area code relief that would be appropriate for the 570 NPA, be filed with the Commission no later than 30 days after this Order is published in the Pennsylvania Bulletin. There is no provision for reply comments.
3. That a copy of this order shall be served on all jurisdictional telecommunications carriers, wireless carriers, the Office of Consumer Advocate, the Office of Small Business Advocate, and the North American Numbering Plan Administrator.
4. That a copy of this order shall be published both in the Pennsylvania Bulletin and on the Commission's website.
By the Commission,
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 00-1704. Filed for public inspection September 29, 2000, 9:00 a.m.] _______
1 The NANPA is the entity that allocates numbering resources and monitors the viability of area codes to determine when all of the numbers available in the area code are nearing exhaust. The Industry Numbering Committee Guidelines provide that when an area code is nearing exhaust, the NANPA, which then becomes the NPA Relief Planner, convenes a meeting of the industry to discuss relief alternatives. NPA Code Relief Planning & Notification Guidelines, INC97-0404-016, reissued Nov. 8, 1999, at § 5.5. If the industry reaches a consensus, then its consensus plan is filed with the Commission and the Commission has an opportunity to take action at that point. NPA Code Relief Planning & Notification Guidelines, INC97-0404-016, reissued Nov. 8, 1999, at § 5.6.
2 A consensus is established when substantial agreement has been reached. Substantial agreement means more than a simple majority, but not necessarily unanimity. CLC Principles and Procedures, May 1998, at § 6.8.8.
3 NXX codes are the three digits following an area code. Hence, in 570-555-1212, 570 is the NPA and 555 is the NXX code. The unavailability of numbering resources and the need for new area codes occurs for several reasons. First, more carriers are competing in the telecommunications market and to compete they require numbers to offer their customers. Second, the current allocation system requires that every carrier who wants to do business receive an entire NXX code (which contains 10,000 numbers) regardless of whether that carrier will have 100 or 1,000 customers. Once the carrier has those 10,000 numbers, the entire NXX code (and its 10,000 numbers) is unavailable for assignment to any other carrier.
4 47 C.F.R. § 52.19 and NPA Code Relief Planning & Notification Guidelines, INC97-0404-016, reissued Nov. 8, 1999, at § 2.10.
5 The Commission was given the authority to use a variety of number conservation measures through two recent FCC Orders. 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 (2000). See also In the Matter of Numbering Resource Optimization, CC Docket No. 99-200, 96-98, NSD File No. L-99-101 (Common Carrier Bureau, July 20, 2000).
6 47 C.F.R § 52.19(c)(3)(ii).
7 For example, a bookstore with the number 234-BOOK, or a truck-driving school with the number TRUCKER.
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