NOTICES
Rescission of Relief Plan for the 610/484 NPAs; P-00961061F0002
[35 Pa.B. 3876] Public Meeting held
June 23, 2005Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
Order By the Commission:
In this Order, the Commission revisits the issue of the implementation of area code relief in southeastern Pennsylvania. The most recent numbering data concerning the 610 and 484 Numbering Plan Areas (NPAs) demonstrates that both of these NPAs continue to experience an efficient use of numbering resources due to the implementation of various number conservation measures. As a result, there are adequate numbering resources available, both in the form of full NXX codes and thousands-blocks (1K blocks), for telecommunications carriers in these NPAs at the current time. Accordingly, the Commission orders the rescission of the relief plan for the proposed 835 NPA in southeastern Pennsylvania.
I. Background
1. Introduction of 484 Numbering Plan Area
When the supply of numbering resources within an NPA or area code1 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. It is the duty of the North American Numbering Plan Administrator (NANPA) to monitor the viability of area codes so as to determine when all of the numbers available in the area code are nearing exhaust.2
On May 24, 1996, the NANPA made a filing with the Commission in which the NANPA indicated that the supply of NXX codes, or telephone numbers, in the 610 area code was nearing total exhaustion.3 In that filing, the NANPA also informed the Commission that the telecommunications industry had reached consensus to implement an all-services-distributed overlay as the relief plan. The new NPA was to overlay and share the same geographic boundaries of the 610 NPA. By an Order entered May 21, 1998,4 the Commission directed that the 610 NPA in southeastern Pennsylvania receive an overlay to address the prevailing NXX code shortage problem.5 The NANPA assigned the 484 NPA to overlay the 610 NPA.6
In May 1999, the 484 overlay NPA was activated and placed into service with a projected life of 5.8 years as forecasted by the NANPA. Based upon the initial demand for NXX codes from the 484 NPA by telecommunications service providers in southeastern Pennsylvania, in October 1999, the NANPA declared the 610/484 NPAs in jeopardy of exhausting prior to when relief could be provided.7
2. Industry Consensus to Introduce the 835 NPA over the 610/484 NPAs
In December 1999, the NANPA convened a meeting with the telecommunications industry to discuss relief alternatives for addressing the numbering exhaust in the 484 NPA.8 The NANPA indicated that 506 NXX codes had been assigned from the 484 NPA between April and December 1999. The industry reached consensus to recommend to the Commission an all-services-distributed overlay as its preferred alternative for area code relief in the 484 NPA.9 This overlay was to cover the same geographic boundaries as the existing 610 and 484 NPAs.
In January 2000, the NANPA, on behalf of the industry, filed with the Commission the industry's relief recommendation. The filing informed the Commission that the industry would begin implementation of the overlay NPA on or about April 3, 2000.10 The NANPA assigned the 835 NPA as the overlay NPA for the 610/484 area codes.11
3. Modification of the Implementation Schedule for the 835 NPA
On May 18, 2000, the Pennsylvania telecommunications industry finalized the proposed implementation schedule to activate the 835 NPA on May 1, 2001.12 In response to the industry's recommended implementation schedule, the Commission reviewed the 2001 number utilization data for both the 610 and 484 area codes and the amount of NXX codes available for assignment within those existing area codes. As a result, the Commission concluded that the industry-proposed implementation schedule was inappropriate.
In its March 12, 2001 Order, the Commission determined that the 835 NPA should not be activated on May 1, 2001. Rather, the Commission concluded that the new 835 overlay NPA should not be activated until three months prior to NXX code exhaust in the existing 610/484 NPAs.13 Additionally, the Commission directed the NANPA to provide monthly updates on the projected exhaust dates for the existing 610/484 NPAs.14 The Commission further ordered the NANPA to inform the Commission when the supply of NXX codes in the 610/484 NPAs was to exhaust in ten months.15
4. Release of the April 2005 Numbering Resource Utilization Forecast Data
In its effort to ensure that new area codes are not introduced prematurely, the Commission has continued to monitor the numbering data that is compiled by the NANPA. In May 2005, the NANPA released the April 30, 2005 NPA Numbering Resource Utilization Forecast (NRUF) exhaust projections for all area codes in the North American Numbering Plan (NANP). The NRUF data indicates that the NPAs in Pennsylvania, including the 610/484 NPAs, continue to experience an efficient use of numbering resources due to the implementation of 1K number pooling16 and other number conservation measures such as NXX code reclamation.17
Accordingly, the NANPA modified the projected exhaust date for the 610/484 NPAs to second quarter 2009 or approximately four years from now.
II. Discussion
It is beyond dispute that the most recent numbering data concerning the 610/484 NPAs clearly demonstrates that the proposed 835 NPA is no longer necessary at this time. According to information on the NANPA website,18 as of May 31, 2005, there were approximately 17 full NXX codes still available for assignment in the 610 NPA and 182 full NXX codes still available for assignment in the 484 NPA.19 In addition, the 610/484 NPAs have been utilizing 1K number pooling since April 2001, and thus, all pooling capable telecommunications carriers, including wireless providers, receive blocks of 1,000 telephone numbers from the Pooling Administrator to satisfy their numbering needs. As of June 14, 2005, there are over 3,400 1K blocks available for assignment in the rate centers comprising the 610/484 mandatory pool.20
Because of the longevity of the 610/484 mandatory pool as well as the continued use of number conservation measures, the projected exhaust date for the 610/484 NPAs has been extended over the past year. In April 2004, the projected exhaust date for the 610/484 NPAs was lengthened 11 quarters, from third quarter 2005 until second quarter 2008. Six months later, in October 2004, the projected exhaust date for the 610/484 NPAs was lengthened again by one year, from second quarter 2008 to the current date of second quarter 2009.21 As stated previously, the exhaust date of second quarter 2009 remains in place as of May 2005. Thus, the Commission concludes that there continues to be adequate numbering resources available to the telecommunications carriers providing service in the 610/484 NPAs.
Also, the Commission continues to utilize its reclamation authority begun in August 200022 to reclaim full NXX codes and 1K blocks of telephone numbers that service providers have not used in a timely fashion. The Commission determines that additional NXX codes and 1K blocks from the 610/484 NPAs will be subject to reclamation, adding further to the available numbering resources in these NPAs.
In addition, the December 2004 NRUF data shows that the utilization rate23 for the total NXX codes assigned in the 610 NPA is 52% and that the utilization rate for the total NXX codes assigned in the 484 NPA is only 27%. This data demonstrates that the telecommunications carriers still have the ability to assign many more numbers from their current inventories in order to meet customer demand.
The current numbering data for the 610/484 NPAs clearly demonstrates that there are significant numbering resources for telecommunications carriers providing service in these area codes. Consequently, the 610/484 NPAs will not be nearing exhaust of their numbering resources in the near future. This fact is evident by the projected exhaust date of the 610/484 NPAs at second quarter 2009. Thus, the Commission determines that the implementation of the 835 NPA is not appropriate at this time since the proliferation of new area codes before they are necessary is detrimental to both consumers and the telecommunications industry.
Further, the Commission determines that the rescission of the proposed relief plan for the 610/484 NPAs is in the public interest. As stated above, the relief plan for the area codes was filed in January 2000, or over five years ago. Since that time, many changes have occurred in the 610/484 NPAs including 1K pooling, NXX code and 1K block reclamation, and increased number utilization rates.24 Also, the telecommunications service providers that agreed to the 610/484 NPA relief plan also have changed as the telecommunications market has evolved. Thus, the current 610/484 NPA relief plan does not reflect the current number conservation measures and other stated changes, and, therefore, should be rescinded.
The continued efficient use of the numbering resources in the 610/484 NPAs resulting in a projected exhaust date for the area codes of at least four years removes the urgency to implement the 835 NPA. Accordingly, since the numbering data does not justify the retention of the 835 NPA for area code relief in the 610/484 NPAs, we will direct the NANPA to reclaim the 835 NPA and return it to the pool of available area codes within the NANP.25 However, we recognize that the telecommunications industry may have completed their network preparation for the implementation of the 835 NPA by February 2001. Therefore, in order to prevent the telecommunications industry from having to perform the task of undoing their prior implementation work, we shall direct the NANPA to hold the 835 NPA in ''reserved'' status.26
Conclusion
The policy of the Commission is to ensure that numbering resources 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 minimized to the extent possible. The recent numbering data from the NANPA clearly demonstrates that the implementation of number conservation measures such as mandatory 1K pooling and NXX code reclamation have contributed to the efficient use of numbering resources in the 610/484 NPAs. As a result, telecommunications carriers will have adequate numbering resources available to them and, thus, the implementation and activation of the 835 NPA is no longer appropriate and the January 2000 relief plan should be rescinded. In addition, we find that directing the NANPA to reclaim the 835 NPA will prolong the life of the NANP. Further, we determine that rescinding the 835 NPA will not deter telecommunications carriers from providing services to their customers or compromise the ability of timely area code relief to be implemented in the 610 and 484 NPAs in the future, if circumstances warrant; Therefore,
It Is Ordered That:
1. The January 2000 consensus relief plan of the 835 NPA overlaying the 610/484 NPAs in southeastern Pennsylvania and the previously adopted implementation schedule for the 835 overlay NPA is rescinded.
2. The North American Numbering Plan Administrator shall reclaim the 835 NPA and return it to the pool of available area codes within the North American Numbering Plan but place it in ''reserved'' status.
3. A copy of this order shall be sent to the North American Numbering Plan Administrator.
4. A copy of this order shall also be published in the Pennsylvania Bulletin and posted on the Commission's website at www.puc.state.pa.us.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 05-1315. Filed for public inspection July 8, 2005, 9:00 a.m.] _______
1 Numbering Plan Area (NPA), or ''area code,'' refers to the first three digits of a 10-digit telephone number in the form of NPA-NXX-XXXX.
2 The Industry Numbering Committee (INC) 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. See NPA Code Relief Planning and Notification Guidelines (May 2005).
3 This filing also dealt with the 215 NPA as both NPAs in southeastern Pennsylvania had been declared to be nearing NXX code exhaustion by the NANPA. However, this instant Order only deals with the 610 NPA because the Commission previously rescinded the relief plan for the 215/267 NPAs in September 2003. Rescission of Relief Plan for the 215/267 NPAs, Docket No. P-00961061F0002 (Order entered September 18, 2003).
4 Petition of NPA Relief Coordinator Re: 215/610 Area Code Relief Plan, Docket No. P-00961061 (Order entered May 21, 1998). Pursuant to section 251(e) of the Telecommunications Act of 1996, 47 U.S.C. § 251(e), the Federal Communication Commission (FCC) has delegated authority to state commissions to direct the form of area code relief in such situations.
5 The FCC has consistently stated that state commissions may not utilize number conservation measures in lieu of implementing timely area code relief. See 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, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 19009, 19025 (1998) (Pennsylvania Numbering Order). Accordingly, the Commission permitted the industry consensus plan of implementing an all-services-distributed overlay to alleviate the number exhaust in the 610 NPA to go forward.
6 See NANP Planning Letter No. 135 at www.nanpa.com.
7 See NANP Planning Letter No. 199 at www.nanpa.com.
8 See Notice of Relief Plan for the 267 and 484 NPAs filed by Neustar, Inc., as the North American Numbering Plan Administrator on January 19, 2000 at Docket No. P-00961061.
9 Id.
10 The 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.'' However, the Commission chose not to open a docket on the industry's consensus recommendation for relief for the 484 NPA.
11 See NANP Planning Letter No. 237 at www.nanpa.com.
12 Id.
13 Investigation into Relief Plans for the 215/267 NPAs and the 610/484 NPAs, Docket No. P-00961061 (Order entered March 12, 2001).
14 Id.
15 Id.
16 Thousands-block number pooling is the process by which a 10,000 block of numbers is separated into ten sequential blocks of 1,000 numbers and allocated separately to providers within the same rate center.
17 NXX code reclamation involves the return of unused NXX codes to the NANPA. Within six months of receiving an NXX code, a carrier must assign at least one number to an end user or the entire NXX code must be returned to the NANPA. 47 CFR 52.15(g)(iii). In addition, the reclamation process has been extended to individual thousands-blocks.
18 www.nanpa.com
19 In fact, the NANPA's Central Office Code Assignment Activity Report for May 2005 shows that only two NXX codes per NPA have been assigned during 2005. See www.nanpa.com.
20 See www.nationalpooling.com
21 See www.nanpa.com.
22 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)
23 ''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.
24 In June 2004, the number utilization rate increased from 70 percent to 75 percent as required by the Federal Communications Commission's regulations. 47 CFR 52.15(h).
25 The NANP is the basic numbering scheme for the public switched telecommunications networks located in 19 countries, including the United States and its territories. Of the 685 area codes that were available for assignment from the entire NANP, there are currently 266 area codes remaining as of December 2004.
26 By returning the 835 NPA to ''reserved'' status, the NANPA, in essence, will hold the 835 NPA for reassignment to the 610/484 NPAs but only if circumstances warrant its use.
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