NOTICES
Investigation into Relief Plans for the 215/267 and 610/484 NPAs; P-00961071F0002
[31 Pa.B. 1816] Public meeting held
March 8, 2001
Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; Nora Mead Brownell; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
By the Commission:
In this order, the Commission revisits the issue of area code exhaust in the southeastern portion of this Commonwealth and the implementation of relief to address such exhaust. The Commission remains committed to ensuring that numbering resources are made available on an equitable, efficient and timely basis in this Commonwealth. Nevertheless, in view of the well-documented disruption to customers caused by changes in their area code, it is in the public interest to assure that new area codes are opened only when it is necessary, and only after the existing number resources in the existing area code are close to exhaustion. Therefore, by this decision, the Commission orders a deferral of the previously adopted implementation schedule for the new 445 and 835 Numbering Plan Areas (NPAs) in the southeastern portion of this Commonwealth.
Background
By Order entered May 21, 1998,1 the Commission directed that the 215 and 610 NPAs, or area codes, in the southeastern portion of this Commonwealth receive individual overlay NPAs so as to address the prevailing NXX code shortage problem. The 215 NPA received the 267 overlay NPA and the 610 NPA received the 484 overlay NPA. At the time of that determination, the supply of NXX codes in the 215 and 610 area codes were totally exhausted.2 Nonetheless, it was forecasted that the projected life for the 267 NPA overlay and the 484 NPA overlay would be 4.5 and 5.8 years, respectively.
In June 1999, the 267 and 484 NPAs were placed into service. Based upon the initial demand for NXX codes in the 267 and 484 NPAs when they were first activated, the North American Numbering Plan Administrator (NANPA)3 recalculated the estimated lives for the NPAs. The NANPA estimated that the 267 and 484 NPAs would exhaust their respective supply of NXX codes, or telephone numbers, during the first quarter of 2003, and fourth quarter of 2001, respectively.
On October 4, 1999, in accordance with its directive to initiate NPA relief planning in areas in sufficient time (30 months) to prevent the exhaust of numbering resources, NANPA notified the Commission and the telecommunications industry that it was necessary to begin planning relief alternatives for both the 267 NPA and the 484 NPAs. Shortly thereafter, NANPA declared that the 484 NPA was in an ''extraordinary jeopardy'' situation because the demand for NXX codes within that NPA was substantially higher than originally projected.4
On December 2, 1999, NANPA convened a meeting with the telecommunications industry to discuss relief alternative so as to address the numbering exhaust in the 267 and 484 NPAs. The NANPA explained that since the time the NPAs had been placed in service (June 1999), 364 NXX codes had been assigned in the 267 NPA, and 506 NXX codes had been assigned in the 484 NPA.5 During this meeting, the industry reached consensus to recommend to the Commission two separate all services distributed overlays as its preferred alternative for area code relief in both the 267 NPA and the 484 NPA. One overlay would cover the same geographic boundaries of the existing 215/267 NPAs and the other overlay would cover the same geographic boundaries of the existing 610/484 NPAs.
Shortly thereafter, NANPA, on behalf of the industry, conveyed the industry's relief recommendation to the Commission in a filing, which also informed the Commission that the industry would begin implementation of the two overlay NPAs on or about April 3, 2000.6 Specifically, the 215/267 NPAs would receive the 445 NPA, and the 610/484 NPAs would receive the 835 NPA. On May 18, 2000, the Commonwealth telecommunications industry reached a consensus to adopt the following implementation schedule for the two separate overlays:
1. All network preparation for the implementation of the 445 and 835 NPAs will be completed by February 1, 2001, at 12:01a.m.
2. The earliest code activation date for NXX or central office codes assigned in the 445 and 835 NPAs is May 1, 2001.
3. The telecommunications industry will complete customer education programs for the new NPAs by May 1, 2001.
4. Any jeopardy rationing of NXX codes within either the 267 or 484 NPAs would end on February 1, 2001.
5. The NANPA will assign NXX codes from the new NPAs with an effective date on or after May 1, 2001, and will continue to honor code requests for NXXs in the existing NPAs as long as resources are available.
Discussion
When the supply of numbers available within an NPA, or area code, is estimated to exhaust, some form of area code relief must be implemented so that customers in that area can continue to obtain the services they desire from the carrier of their choice. Under section 251(e) of the Telecommunications Act of 1996 (47 U.S.C. § 251(e)), the Federal Communication Commission (FCC) delegated authority to state commissions to direct the form of area code relief in such situations.
The FCC has consistently stated that state commissions may not utilize number conservation measures in lieu of implementing timely area code relief.7 Accordingly, the Commission permitted the industry consensus plan of implementing two all services overlays to alleviate the number exhaust in the 267 and 484 NPAs to go forward under the above-referenced schedule.
Nevertheless, FCC regulations at 47 CFR § 52.19(a) set forth that ''state commissions may resolve matters involving the introduction of new area codes within their states, which includes establishing the necessary dates for the implementation of relief plans.''
The FCC recently noted that state commissions are uniquely positioned ''to ascertain and weigh the very local and granular information inherent in area code relief decision making.''8 Additionally, the FCC noted that the implementation of new area codes before they are necessary forces consumers to go through the expense, trouble and dislocation of changing telephone numbers or dialing patterns earlier or more often than necessary.9 Therefore, while a state commission may not utilize numbering optimization measures in lieu of implementing timely area code relief, a state commission may minimize the consumer impact of traditional area code relief by not implementing new area codes sooner than necessary.
Based upon our current review of the number utilization data in this region and the amount of NXX codes available for assignment within the existing area codes, we believe that the current implementation schedule for the new overlay NPAs, 445 and 835, is inappropriate.
According to the utilization data from the Numbering Resource Utilization Forecast worksheet submitted to NANPA, the utilization rates10 for NXX codes in the 267 and 484 NPAs is 5% and 3%, respectively. Additionally, according to information on NANPA's website,11 as of February 28, 2001, there were approximately 197 NXX codes available for assignment in the 267 NPA and 178 NXX codes available for assignment in the 484 NPA. The Commission notes that the demand for NXX codes in both these NPAs has substantially declined.12 Although the forecasted future demand for available NXX codes within these NPAs is uncertain, we believe that the aforementioned numbers lend justification to our desire to modify the current implementation schedule for the new NPAs.
Furthermore, the Commission has begun to implement its reclamation authority and has already reclaimed some NXX codes within the 267 and 484 NPAs. The Commission believes that additional NXX codes from these NPAs will be subject to reclamation and, thus, will add to the number of NXX codes available for assignment.
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 this Commonwealth. Therefore, the consensus relief plan of two all services overlays for the 267 and 484 NPAs remains in effect. Nevertheless, we feel that the utilization levels and the number of available NXX codes in the existing NPAs does not justify the activation of the new overlays on May 1, 2001. In particular, we believe that neither of the new overlay NPAs should be activated until 3 months to NXX code exhaust in the existing NPAs (267 and 484). In the meantime, NANPA will provide the Commission with monthly updates on the projected exhaust dates for each of the existing NPAs (267 or 484) so that the Commission can ensure that no telecommunications carriers will be without adequate numbering resources to meet customer demand.
Conclusion
The policy of the Commission is to ensure that numbering resources are made available on an equitable, efficient and timely basis in this Commonwealth while ensuring that the impact of proliferating new area codes on consumers is minimized to the extent possible. We believe that temporarily delaying the current implementation schedule will not compromise the ability of area code relief to be implemented in the 267 and 484 NPAs on a timely basis; Therefore,
It Is Ordered That:
1. The previously adopted implementation schedule for the 445 and 835 overlay NPAs in the southeastern portion of this Commonwealth is modified.
2. NAPA provide this Commission with monthly updates on the projected exhaust dates for the 267 NPA and the 484 NPA, beginning when each NPA is within 10 months of exhaust. Time to exhaust in months shall be calculated and based on actual carrier demand for numbers. The monthly updates shall be addressed to Anthony Rametta, Bureau of Fixed Utility Services.
4. The Commission shall inform all jurisdictional telecommunications carriers when either the 267 NPA or 484 the NPA is 3 months to NXX code exhaust so that the Commission can ensure that all carriers, including nonpaying carriers, will have nondiscriminatory access to numbers when needed to meet customer demand.
5. All jurisdictional telecommunications carriers are directed to continue and complete all network preparation to their systems that is necessary to implement the new NPAs if it was not completed by the February 1, 2001, date set forth in the original implementation schedule adopted by the industry.
6. All jurisdictional telecommunications carriers are directed to suspend all consumer education programs regarding the introduction of the new 445 and 835 NPAs. To the extent that a carrier has begun its consumer education program, we direct that carrier to mail out a bill insert informing its customers that the introduction of the new overlay NPAs has been postponed. Carriers will not commence their customer education program in either the 267 NPA or the 484 NPA until the Commission informs them that the existing area code will exhaust within 3 months.
7. A copy of this order shall be published in the Pennsylvania Bulletin and also posted on the Commission's website at http://puc.paonline.com/.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 01-569. Filed for public inspection March 30, 2001, 9:00 a.m.] _______
1 Petition of NPA Relief Coordinator Re: 215/610 Area Code Relief Plan, at Docket No. P-00961061 (Order entered May 21, 1998).
2 There are approximately 792 NXX codes or telephone numbers in a NPA/area code.
3 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, in the appropriate circumstances, must act as the NPA Relief Planner and discuss relief alternatives so as to address the numbering exhaust. Additionally, as one of its duties as the NPA Relief Planner, the NANPA provides a projected life span for each relief alternative, which is based upon forecasted demand data from the industry. NPA Code Relief Planning & Notification Guidelines, INC97-0404-016, reissued Nov. 8, 1999.
4 Under the Central Office Code (NXX) Assignment Guidelines, ''a jeopardy condition exists when the forecasted and/or actual demand for NXX codes will exceed the known supply during the planning/implementation interval for relief.'' Central Office Code (NXX) Assignment Guidelines at § 9.3 (INC 95-0407-008, Jan. 8, 2001) (''CO Code Guidelines'').
5 See footnote 2.
6 Although the Commission has the ultimate authority to approve or reject a relief plan, it chose not to open a docket on the industry's consensus recommendation.
7 See In the Matter of Petition for Declaratory Ruling and Request for Expedited Action on the July 15, 1997 Order of the Pennsylvania Public Utility Commission Regarding Area Codes 412, 610, 215 and 717, and Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, Memorandum Opinion and Order and Order of Reconsideration, FCC 98-224, CC Docket No. 96-98, NSD File No. L-97-42 (rel. Sept. 28. 1998) (Pennsylvania Numbering Order).
8 In the Matter of Numbering Resource Optimization, Second Report and Order, CC Docket No 99-200, FCC 00-429 (rel. December 29, 2000).
9 Id.
10 Utilization rate has been defined as the percentage of NXX codes assigned to end-users from the carriers total inventory of NXX codes within a NPA.
11 www.nanpa.com
12 The average assignment rate for NXX codes in the 267 NPA from June 1999-December 1999 was 61 NXX codes per month as compared to the average of 18 NXX code assigned per month from Jan. 2000-December 2000. Additionally, the average of NXX codes assigned in the 484 NPA from June 1999-December 1999 was 84 codes per month as compared to the average of 9 codes per month from January 2000-December 2000. It should be noted that the 484 NPA was subjected to rationing of 10 NXX codes per month pursuant to industry consensus.
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