NOTICES
Order
[39 Pa.B. 4838]
[Saturday, August 8, 2009]Public Meeting held
July 23, 2009Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Kim Pizzingrilli; Wayne E. Gardner; Robert F. Powelson
Relief Plan for the 570 NPA;
Doc. No. P-2009-2117193
Order By the Commission:
Introduction
On July 1, 2009, 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.
The Commission, therefore, is now faced with the decision of deciding what form of area code relief should be implemented and when the new area code must be added. Because we need input from consumers, the industry and other interested parties involved regarding this difficult decision, we will now direct that the consensus relief plan for the 570 NPA shall not be implemented at this time. Rather, the Commission will seek comments as outlined in Section III below and a decision on this issue will be rendered at a later date after we review said comments. Further, while we are only seeking written comments at this time, this issue may be subject to future public input hearings.
Discussion
I. FCC Requirements Regarding Area Code Relief
The proliferation of new area codes is not the result of the unavailability of numbers for end-users. Rather, new area codes are needed when existing area codes exhaust their supply of NXX codes.3 When there are no more NXX codes available to assign to telephone companies, then new area codes need to be opened. The system for allocating numbering resources was designed in 1947 to accommodate a monopoly system. In recent years, however, a combination of several factors has created an unprecedented demand for NXX codes leading to the exhaust of existing area codes and the proliferation of new area codes to fill the void.
According to the Federal Communications Commission (FCC), which has plenary jurisdiction over numbering issues in the United States,4 the Commission must implement timely area code relief, i.e., add a new area code, when Pennsylvania's area codes are about to exhaust their supply of NXX codes.5 Pursuant to FCC regulations, new area codes can be introduced to relieve the shortage of NXX codes in an area code through the use of any of the following three methods.
1. A geographic area code split, which occurs when the geographic area served by an area code is split into two or more geographical parts;2. 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;3. 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 CFR 52.19(c)(1)--(3).Although the NANPA notifies the industry when an area code needs relief planning and conducts the relief planning meeting, 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.
II. Relief Planning for the 570 NPA
A. History of the 570 NPA
Between 1940 and 1990, Pennsylvania had a total of only four area codes (412, 814, 717 and 215). 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. At the time it was created, the 570 NPA was projected to contain enough numbering resources for almost six years.
Nevertheless, 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 date of 570 area code was now the first quarter of 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 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.
On July 19, 2000, NeuStar, as the neutral third-party NPA Relief Planner for Pennsylvania, acting on behalf of the Pennsylvania telecommunications industry, filed a petition with the Commission requesting approval of its relief plan to implement an overlay for the geographic area covered by the 570 area code. On September 15, 2000, the Commission entered a Tentative Order at the previously captioned docket seeking comments from interested parties regarding what type of relief should be implemented in the 570 NPA and when this relief should be implemented. The Commission received comments from interested parties. Because several of these commentators requested that the Commission schedule public input hearings to further discuss area code relief in the 570 NPA, we conducted four public input hearings on December 18, 2000, in Wilkes-Barre and December 19, 2000, in Williamsport.6
In addition to the testimony, the Commission received as exhibits letters from the following: R. Neil Henrie and Cora Maie Henrie, senior citizens from the Bloomsburg area; Representative John R. Gordner, State Representative from the 109th Legislative District; Ronald F. Kozma, Director of Columbia County Department of Public Safety; Natalie Duy, a citizen from Danville; Ed Edwards, President of the Bloomsburg Area Chamber of Commerce; Maureen E. Savitsky, a citizen from Danville; Crystal J. Fink, a citizen from Wilkes-Barre; and Gregory and Deborah Lutz, citizens from Mifflinville. Subsequently, other written comments were received by the Commission and filed in this docket. These comments were from State Senator Lisa Boscola, the Milton Area Chamber of Commerce and the Pocono Mountain Vacation Bureau.
In the meantime, since holding these public input hearings, the Commission had implemented various number conservation measures in the 570 NPA, such as thousands-block (1K) number pooling7 and NXX code reclamation.8 Furthermore, the FCC mandated that all wireless carriers participate in pooling as of November 24, 2002.9 Thus, wireless carriers began participating in Pennsylvania's mandatory pools, including the pool in 570.
Accordingly, by Order entered July 17, 2003, the Commission concluded that the data on which the 570 relief plan had been filed was outdated and that the various number conservation measures that had been implemented had resulted in more numbers becoming available in the 570 area code. Consequently, the Commission determined that adequate numbering resources existed for carriers to receive numbers in a timely fashion and we believed that there was good cause to dismiss the industry's petition for approval of its relief plan in the 570 NPA.10 Moreover, after taking into account the effects of the number conservation measures, the projected exhaust date for the 570 NPA was extended to the third quarter of 2008.
B. Relief Planning Meeting for the 570 NPA
On March 30, 2009, the NANPA notified the Industry and the Commission that it needed to meet to discuss relief alternatives for the 570 NPA. According to the April Number Resource Utilization Forecast (NRUF) and NPA Exhaust Analysis April 24, 2009 Update (2009 NRUF Report),11 the 570 NPA is projected to exhaust all available NXX codes during the third quarter 2011. The 570 NPA was declared to be in jeopardy on April 1, 2009.
The Industry met via conference call May 27, 2009 to discuss various relief alternatives proposed by the NANPA. The NANPA proposed four relief alternatives to alleviate the situation in the 570 NPA. The following relief alternatives are detailed below and set forth in the attached ''Appendix A.''
1. Alternative #1--All Services Distributed Overlay: A new NPA code would be assigned to the same geographic area as the existing 570 NPA. Alternative #1 has a projected life of 16 years.2. Alternative #2--Two-Way Geographic Split: In a two-way geographic split, the exhausting NPA is split into two geographic areas and a new NPA is assigned to one of the areas formed by the split. For Alternative #2, the proposed split boundary line runs east to west along rate center boundaries placing Morris, Estella, Sweet Valley, Pittston and Pocono Lake among those rate centers north of the boundary line and Renovo, Trout Run, Laporte, Muhlenburg and Wilkes-Barre among the rate centers south of the boundary line. The area north of the split line, referred to in the IPD as Area A, would have a projected NPA life of 16 years to exhaust and the area south of the split line, Area B, would have a projected NPA life of 16 years to exhaust.3. Alternative #3--Two-Way Geographic Split: The proposed split boundary line runs north to south along rate center boundaries placing St. Joseph, Mehoopany, Plymouth, Nuangola and McAdoo among the rate centers west of the boundary line and Montrose, Nicholson, Moosic, Wilkes-Barre and Weatherly among the rate centers east of the boundary line. The western portion, Area A, would have a projected NPA life of 14 years to exhaust and the eastern portion, Area B, would have a projected NPA life of 20 years to exhaust.4. Alternative #4--Two-Way Geographic Split: The proposed split boundary line runs diagonally from the northeast to the southeast along rate center boundaries placing Clifford, Center Moreland, Sweet Valley, Orangeville and Danville among the rate centers southeast of the boundary line and Brooklyn, Nicholson, Noxen, Benton and Washingtonville among the rate centers northwest of the boundary line. The northwestern portion, Area A, would have a projected NPA life of 18 years to exhaust and the southeastern portion, Area B, would have a projected NPA life of 15 years to exhaust.C. Industry's Current Consensus to Recommend an Overlay
After discussing the four relief alternatives presented at the May 27, 2009, meeting, the industry decided to recommend implementation of the all-services distributed overlay (Alternative #1). The industry reached a consensus to recommend Alternative #1 as the form of relief for the 570 NPA for several reasons. First, all existing customers in the 570 area code would not have to change their telephone numbers because an overlay does not require customers to change their telephone numbers or split communities of interest. Secondly, while the recommended relief plan would require 10-digit dialing for all calls within and between the 570 NPA and the new NPA, the industry noted that 10-digit dialing has become more prevalent nationwide and overlays, with 10-digit dialing, have been implemented in southeastern and western Pennsylvania. Thus, the industry recommended that all local and toll calls between the 570 NPA and the new NPA be dialed as 10-digits, or permissively as 1+10 digits at each service provider's discretion. Additionally, all local and toll calls originating in the 570 NPA or the new NPA and terminating in other NPAs (NPAs other than the 570 or new NPA) must be dialed as 1+10 digits. The following table illustrates the recommended dialing plan:
Recommended Overlay Dialing Plan for All Services Distributed Overlay
Type of Call Call Terminating in Dialing Plan Local & Toll Calls Overlay Home NPAs (HNPA) 10 digits (NPA-NXX-XXXX)* Local & Toll Calls Foreign NPA (FNPA)
outside of overlay1+10 digits (1+NPA-NXX-XXXX) Operator Services
Credit card, collect,
third partyHNPA or FNPA 0+10 digits (0+NPA-NXX-XXXX) * 1+10 digit dialing for all HNPA and FNPA calls permissible at each service provider's discretion III. Comments Sought By the Commission
The FCC has adamantly maintained that state commissions cannot engage in number conservation measures to the exclusion of, or as a substitute for, timely area code relief.12 Therefore, when Pennsylvania's area codes are about to exhaust their supply of NXX codes, the Commission must implement timely area code relief, i.e., add a new area code. When faced with the need to implement new area codes, the Commission must decide two very important issues. First, the Commission must decide how to implement the new area code (i.e., a geographic split or an overlay). Second, the Commission must determine when the new area code needs to be implemented. Therefore, we are seeking comments from interested parties regarding what form of area code relief should be implemented upon exhaust of the 570 NPA and the timeframe for the implementation.
A. Form of Area Code Relief for the 570 NPA
According to the FCC, state commissions must add new area codes when the existing area codes exhaust or are about to exhaust all their NXX codes. Consequently, the critical element for deciding when to add new area codes is to know when the area code will exhaust all of its NXX codes. State commissions have no involvement in predicting or projecting the exhaust dates for area codes. The FCC has delegated this responsibility to the NANPA.
The NANPA projects exhaust dates for area codes by averaging the past rate of assignment of NXX codes and using that to estimate the future rate at which NXX codes will be assigned. Because these variables are so fluid, projecting accurate exhaust dates is difficult. With constantly changing information such as this, the Commission has a difficult time trying to determine when Pennsylvania's area codes will exhaust thereby requiring the addition of new area codes to ensure that all telecommunications carriers have numbering resources.
Once it is determined that area code relief must is necessary, based on the projected forecasts of the NANPA, state commissions are faced with the task of deciding what form that relief should take. The Commission is seeking comments on the five relief alternatives submitted by the NANPA to the industry and is open to suggestions regarding any other potential alternative for providing relief to the 570 NPA.
Pennsylvania has experienced both area code splits and overlays. There have been a total of five overlays since 1999 (484, 267 and 878 have been implemented and 835 and 445 were activated but later rescinded). Prior to 1999, three geographic splits have been implemented (610, 570, and 724). 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.
On the other hand, 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,'' 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.
Specifically, the Commission is interested in the specific circumstances of the 570 NPA and whether these circumstances favor the implementation of one form of relief over the other. We ask parties that are submitting comments to keep in mind the following factors when advocating a particular form of relief: 1) Whether the form of area code relief would create longer lasting NPAs for the 570 region; and 2) What form of area code relief is the least disruptive to consumers.
B. Implementation Schedule and Activation of the Relief Plan Chosen for the 570 NPA
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. Accordingly, we would like comments from interested parties on the time frame for when area code relief must be implemented and ultimately activated to relieve the 570 NPA. The current relief plan proposed by the industry allows 13 months for full implementation of an all services distributed overlay. According to this timeline, 6 months are devoted to network preparation, 6 months are devoted to ''permissive'' 10-digit dialing, and 1 month is devoted to ''mandatory'' 10-digit dialing. The Commission's experience with area code overlays is that they can be fully implemented within 6 months. Consequently, the Commission seeks comment on whether a 13-month timeline is really necessary for implementation of an overlay for the 570 NPA.
We also seek comment on the following questions regarding implementation of a split to relieve the 570 NPA. What is the shortest amount of time this type of relief can be implemented? Would a 6-month time frame for implementation of a split be feasible? What aspect of implementing a split is the most significant for the industry and how long does this take to complete?
Also, in Southeastern Pennsylvania (610/484 and 215/267), the Commission had ordered that the additional proposed overlays (835 over 610/484 and 445 over 215/267) not be activated until 3 months prior to total exhaust of the underlying NPAs. Is a similar situation possible for the 570 NPA? More specifically, could the industry undertake to implement an overlay for the 570 NPA but not actually activate that new overlay NPA until total exhaust of the 570 NPA? Could the requirement of 10-digit dialing be suspended until the new overlay NPA were fully activated?
Moreover, we recently filed a petition with the FCC requesting additional delegated authority so that we could implement mandatory number pooling throughout each and every rate center within our NPAs. We believe that if the petition is granted by the FCC, it will add to the number of NXX codes available for assignment in our NPAs, particularly our more geographically rural NPAs, like the 570 NPA. We also believe that this may impact the implementation schedule for any new area code in the 570 NPA.
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 as minimal as possible. In view of the well-documented disruption to customers caused by changes in their area code, it is in the public interest for us to seek comments from consumers, the industry and other interested parties involved regarding this difficult decision; Therefore,
It Is Ordered That:
1. The industry consensus recommendation set forth in the petition for an all services distributed overlay relief plan for the 570 NPA is denied, pending receipt of comments and any further proceedings, as necessary.
2. Comments, as requested by this Order, be filed with the Commission no later than 30 days after this Order is published in the Pennsylvania Bulletin. Reply comments may be filed within 20 days after the close of the comment period.
3. 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 Wayne Milby and Beth Sprague of the North American Numbering Plan Administrator.
4. A copy of this order shall be published both in the Pennsylvania Bulletin and on the Commission's web site.
JAMES J. MCNULTY,
Secretary
APPENDIX A
[Pa.B. Doc. No. 09-1439. Filed for public inspection August 7, 2009, 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 Telephone numbers consist of 10 digits. The first three digits make up the area code, and the second three digits make up the NXX code. Each NXX code contains 10,000 numbers and each area code contains approximately 792 NXX codes.
4 47 U.S.C. § 251(e)(1).
5 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, 717; Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 190029 (1998).
6 During these hearings, the Commission received testimony from State Representative Keith McCall, State Representative John T. Yudichak, Craig Rickard, Vincent Matteo, Howard Grossman, Mark Rutkowski, Henry O'Dell, David Hines, Ambrose Meletsky, Bill Kuklewicz, Mayor Thomas McCroarty, Jerry S. Walls, Allen Kaplin, Anthony Rampulla and Michael Ochs. Transcripts from these hearings were filed with the Commission on December 26, 2000, and January 3, 2001.
7 Mandatory 1,000-block pooling was implemented in February 2002.
8 See In the Matter of Numbering Resource Optimization, CC Docket Nos. 99-200, 96-98, NSD File No. L-99-101 (2000). The Commission implemented NXX code reclamation in the 570 NPA in August 2000.
9 In the Matter of Verizon Wireless' Petition For Partial Forbearance From the Commercial Mobile Radio Services Number Portability Obligation and Telephone Number Portability, WT Docket 01-84, CC Docket No. 95-116 (Order adopted July 16, 2002).
10 See INC Guidelines at § 5.10. A relief plan may be withdrawn while the plan is pending, if it is determined that the projected exhaust date is more than 5 years away.
11 Federal rules that went into effect on July 17, 2000, require all carriers to report to the NANPA their historical and forecast utilization data. 47 CFR 52.15(f). These reports are made semi-annually and are referred to as the ''NRUF Reports.'' Using this data along with the rate of assignment of NXX codes in the NPA, the NANPA predicts the exhaust date for all NPAs in its NPA Exhaust Analysis. These reports can be found at www.nanpa.com.
12 In the Matter of Numbering Resource Optimization, CC Docket Nos. 99-200, 96-98, NSD File No. L-99-101 (2000).
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