NOTICES

Mandatory Thousands-Block Number Pooling

[40 Pa.B. 3477]
[Saturday, June 19, 2010]

Public Meeting held
June 3, 2010

Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Wayne E. Gardner; Robert F. Powelson

Implementation of Additional Delegated Authority Granted to Pennsylvania by the Federal Communications Commission in its Order Released May 18, 2010—
Mandatory Thousands-Block Number Pooling in the 215/267, 570, 610/484, 717 and 814 NPAs; M-2010-2178173

By the Commission:

 Because of the rapid depletion of telephone numbers in the area codes in Pennsylvania,¹ the Commission has been actively monitoring the need for area code relief while simultaneously investigating and seeking authority to implement needed number conservation measures. One number conservation measure that the Commission has been consistently pursuing since 1997 is thousands-block number pooling. ''Pooling'' refers to sharing spare numbering resources, and thousands-block pooling (1K pooling) is a method of assigning these spare numbers. In number pooling, there is an inventory of telephone numbers that participating service providers share and use in blocks of 1,000 numbers in contrast to obtaining 10,000 numbers to use where 1K number pooling has not been implemented.² Accordingly, the Commission believes that the full deployment of ''mandatory'' 1K number pooling in all rate centers in Pennsylvania will be a major steppingstone in continuing to enhance numbering resource conservation.

Background

 In March of 2000, the FCC determined that the implementation of number pooling was essential to extending the life of the North American Numbering Plan (NANP) by making assignment and use of NXX codes more efficient. Therefore, the FCC adopted 1K number pooling as a mandatory nationwide numbering resource optimization and required 1K pooling only in the largest 100 Metropolitan Statistical Areas (MSAs). The FCC further determined that national rollout of pooling would occur nine months after the selection of a national pooling administrator.³ While the FCC selected bids from companies interested in serving as the national pooling administrator, the FCC continued to delegate to states the authority to implement mandatory 1K pooling.

 Meanwhile, on July 20, 2000, in the FCC's Delegation Order, the FCC granted Pennsylvania's request to implement an interim 1K pooling trial within certain limitations.⁴ Using this delegated authority, we implemented our first 1K number pooling trial on April 27, 2001, in Southeastern Pennsylvania in the 610/484 NPA⁵ and the second 1K number pooling commenced in October 2001 in Western Pennsylvania in the 412/724/878 NPA.⁶ Both of these interim 1K numbering pools that had been implemented pursuant to delegated authority from the FCC were subsequently included as a part of the national rollout of 1K number pooling that had been established by the FCC. In accordance with the FCC's national pooling schedule, the pooling for the 215/267 NPA began in August 2002.⁷

 In the meantime, in the course of our investigation of rate center consolidation,⁸ the industry asked the Commission to consider implementing accelerated voluntary 1K number pooling in the 570 and 717 NPAs. Accordingly, pursuant to previously delegated authority,⁹ the Commission, by an Order entered August 9, 2001,¹⁰ directed that an accelerated voluntary 1K numbering pool be implemented on February 28, 2002, in the 570 NPA and on March 14, 2002, in the 717 NPA. The Commission directed the pooling administrator to establish the 717 and 570 voluntary 1K pooling trials as ''mandatory'' pools under the national 1K number pooling program established by the FCC and to include those pools as a part of the national 1K block mandatory pooling roll-out schedule developed by Neustar.¹¹ Thus, the 570 and 717 pools were included as part of the initial rollout of nationwide 1K number pooling in the 100 MSAs.

 Furthermore, in April 2002, the 814 NPA was also included as a part of the national 1K block pooling roll-out schedule developed by Neustar.¹² The 814 numbering pool was implemented in November 2002 in accordance with the FCC's national rollout of thousands-block pooling. Therefore, to date, all area codes within Pennsylvania are under a pooling regime.

 However, we were advised by Neustar that some of the rate centers within our pooling NPAs had been marked ''optional'' for 1K number pooling purposes because those rate centers do not reside within one of the 100 MSAs. As mentioned previously, the pooling trial in the 570 NPA was initially a voluntary pool, but then its designation was changed by this Commission to a mandatory pool and included in the national 1K pooling roll-out. However, 61 out of the 180 rate centers in the 570 NPA are considered ''optional'' for pooling purposes. Moreover, although the 814 NPA was included as a part of the national roll-out of mandatory 1K number pooling, 169 of the 178 rate centers are considered optional for pooling purposes. In addition, the 610/484 1K numbering pool, which was the first that the Commission implemented via delegated authority has six optional rate out of 90 rate centers. The 412/724/878 1K numbering pool, which was the second 1K pool implemented via delegated authority, has twelve optional rate centers out of 162. The 717 1K numbering pool has seventeen optional rate centers out of 107. Thus, out of the 776 total rate centers in Pennsylvania, 265 are optional rate centers.

 While the Commission enjoyed relative success with voluntary pooling via optional rate centers, we believe that requiring mandatory pooling in all rate centers would maximize the benefits of 1K number pooling as a numbering conservation measure. Thus, the Commission was determined to implement mandatory 1K number pooling in all rate centers throughout the Commonwealth.

 The FCC stated that it would continue to consider state petitions for delegated authority to implement pooling outside the top 100 MSAs on a case-by-case basis. Consequently, the Commission filed a petition with the FCC seeking delegated authority so that it could direct Neustar to mark all rate centers in Pennsylvania mandatory for 1K block number pooling purposes.

 The FCC had outlined the criteria that a state must satisfy in order to have the authority to implement mandatory number pooling. The Commission stated that a state commission seeking 1K block number pooling authority must demonstrate that: (1) the NPA is in jeopardy; (2) the NPA in question has a remaining life span of at least a year; and (3) that the NPA is in one of the largest 100 metropolitan statistical areas (MSAs), or alternatively, the majority of wireline carriers in the NPA are local number portability (LNP) capable.¹³ Additionally, the FCC recognized that ''special circumstances'' may exist in which pooling would be beneficial in the NPAs that do not meet the specific criteria and stated that it may authorize mandatory pooling in such a NPA upon the satisfactory showing by a state commission of special circumstances.

 By Order dated May 18, 2010 (Mandatory Pooling Order), the FCC determined that special circumstances existed that warranted the delegation of additional authority to the Commission to implement mandatory 1K number pooling for NPAs forecasted to exhaust within the next 5 years. Accordingly, the Commission was delegated additional authority from the FCC to implement mandatory 1K number pooling in only the 215/267, 570, 610/484, 717 and 814 NPAs. However, as mandated by the FCC, rural, non LNP-capable carriers are exempt from mandatory 1K number pooling.¹⁴

Discussion

 Due to the projected exhaust dates forecasted by Neustar for our NPAs, the Commission is anxious to implement its additional delegated authority set forth in the Mandatory Pooling Order in an expeditious manner with the goal of lengthening the lives of our area codes. However, the Commission will not suspend our pending area code relief efforts in 570, 717 and 814 in order to institute this delegated authority. The Commission notes that we cannot institute number conservation measures in place of timely area code relief.¹⁵ Therefore, the current relief planning efforts for the 570, 814 and 717 area codes will continue to move forward to ensure that adequate numbering resources are available on an equitable and timely basis to all telecommunications providers in those areas. Moreover, by using our authority to implement mandatory 1K number pooling in all rate centers in these area codes now, the Commission is looking beyond the current situation to ensure that additional area codes are not necessary in the immediate future.

 Since the Mandatory Pooling Order does not mandate a prioritization regarding where to implement this additional delegated authority, the Commission will make that determination in this order.¹⁶ Nevertheless, the Commission will immediately initiate mandatory 1K number pooling in the other area codes subject to the Mandatory Pooling Order, especially those area codes in the midst of relief planning efforts, as soon as the implementation phase is completed in the first NPA in which we choose to implement this delegated authority.

I. Mandatory Pooling in All Rate Centers Will Be First Implemented In The 570 NPA.

 Pennsylvania has three area codes, 570, 717 and 814, that are simultaneously undergoing area code relief planning efforts. However, based upon the projected exhaust dates set forth by Neustar for these area codes, the Commission has concluded that the 570 NPA is best suited for the first initiation of the implementation of mandatory 1K number pooling in all of its rate centers. The Commission has chosen to implement mandatory 1K number pooling in all the rate centers of the 570 NPA because the crisis situation in the 570 NPA is growing more rapidly than in the other two area codes undergoing relief efforts as demonstrated by the history of relief planning in each area. The April 2010 number resource utilization and forecast (NRUF) report continues to project the 570 NPA will exhaust in the 3Q 2011. The other two NPAs are projected to exhaust at later dates.

 Also, the 570 NPA was declared to be in jeopardy on April 1, 2009, indicating that the increase in the demand for NXX codes would exceed the supply of NXX codes and result in the exhaustion of the NPA before timely area relief code could be provided. Additionally, based upon the jeopardy procedures, there are currently twelve uncontaminated NXX codes in the 570 NPA which are available for pooling that were set aside by the industry at the Jeopardy Review Conference on May 27, 2010. The consideration of these factors has led the Commission to determine that first instituting mandatory 1K number pooling in the 61 optional rate centers in the 570 NPA is the best use of the authority given to the Commission in the FCC's Delegation Order.¹⁷

 Regardless of this first choice of the 570 NPA in which to implement our delegated authority, the Commission wants to acknowledge the fact that we are aware of the numbering crisis in all of our NPAs that are subject to relief planning efforts. We fully intend to implement mandatory 1K number pooling in all of the rate centers of these NPAs as soon as possible after implementation of mandatory 1K number pooling in the 570 NPA. Thus, we shall set an implementation schedule for mandatory 1K number pooling in remaining rate centers of the 814 and the 717 NPAs.

 A First Implementation Meeting should be convened no later than June 30, 2010, to develop a work plan and implementation schedule for the 570 NPA that is in accordance with the Thousands-Block Number (NXX-X) Pooling Administration Guidelines. This meeting will be scheduled by the Pooling Administrator. All LNP-carriers operating in the 570 NPA will be required to participate in mandatory 1K number pooling and should be included in the industry meeting. Further, the Commission intends to attend and monitor any pooling meetings. 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, the Commission intends to implement its delegated authority to implement mandatory 1K number pooling in all rate centers in the 570 NPA no more than 60 days after the initial Implementation Meeting date.

 The Implementation Meeting date for the remaining area codes subject to FCC's order, which are the 717, 814 and 484/610 NPAs, will be July 30, 2010. The activation date for mandatory pooling in optional rate centers within these NPAs is no later than 60 days after the implementation meeting.

 At the respective Implementation Meetings, the Pooling Administrator will set the following dates for the tasks by the participants in the area codes:

 - Block Protection Date

 - Forecast/Utilization Report Date

 - Block Donation Identification Date

 - Administrator Assessment of Industry Inventory

 - Block Donation Date

 - Pool Starts/Allocation Date

 The Commission acknowledges that the timeline it has proposed for the implementation of mandatory 1K number pooling in all rate centers, except the 12 optional rate centers residing within the 412/724 NPA, overlaps with the compilation and submission of NRUF data to the NANPA and the PA on August 1. However, with that in mind, the Commission directs all code holders to take 1K number pooling into account when compiling their NRUF and pooling forecast data. This will assist the NANPA in projecting area code exhaust to the Commission.

II. Requirements of Both Pooling and Non-Pooling Carriers

 Under Federal rules effective July 17, 2000, all service providers are required to assign all available telephone numbers within an opened thousands-block before assigning telephone numbers from an uncontaminated thousands-block. 47 CFR 52.15(j)(1). This requirement applies to a service provider's existing numbering resources as well as to any new numbering resources it obtains in the future. With respect to utilization thresholds, non-pooling carriers are required to meet a utilization threshold of 75% before they can receive a growth code.¹⁸ Carriers participating in the 1K pooling are not required to meet a utilization threshold to receive growth codes,¹⁹ but they are required to donate thousands-blocks with less than 10% contamination²⁰ to the pool. 47 CFR 52.20(c)(1). They may maintain at least one thousands-block per rate center as an initial block or footprint even if the block is less than 10% contaminated. 47 CFR 52.20(c)(2). Furthermore, any telephone numbers assigned to customers from a donated block that is contaminated shall be ported back to the donating service provider. 47 CFR 52.20(c).

 We also will establish various pre-implementation guidelines for LNP-capable code holders in all of the NPAs subject to this order in advance of their respective implementation dates for mandatory 1K number pooling. These measures are to ensure that remaining numbering resources in these NPAs are not consumed inefficiently while mandatory number pooling is being developed and implemented. By this order we will require expressly that:

 1. All code holders administer their codes in blocks of thousand numbers on a rate center basis.

 2. All code holders set aside (i.e. restrict from assignment in their telephone administration systems) all unopened thousand blocks currently assigned to them, unless no other numbers are available.

 3. All code holders refrain from assigning numbers from any thousands block in an NXX with 100 or fewer numbers currently in use unless no other numbers are available.

 By taking these steps to conserve and more efficiently use valuable numbering resources, the Commission will better ensure that telecommunications carriers have adequate numbering resources to operate in Pennsylvania; Therefore,

It is Ordered That:

 1. The Implementation Meeting for mandatory 1K number pooling in all of the optional rate centers in the 570 NPA will be held on June 30, 2010.

 2. The activation date for mandatory 1K number pooling in the now optional rate centers in the 570 NPA is no later than 60 days after the June 30, 2010 implementation meeting.

 3. The Implementation Meeting for mandatory 1K number pooling in all of the optional rate centers in the 610/484, 717 and 814 NPAs will be held on July 30, 2010.

 4. The activation date for mandatory 1K number pooling in the now optional rate centers in the 610/484, 717 and 814 NPAs is no later than 60 days after the July 30, 2010 implementation meeting.

 5. The respective First Implementation Meeting for the subject area codes shall be via conference call, and all LNP-capable carriers with NXX codes in the 570, 610/484, 717 and 814 area codes are directed to participate.

 6. The North American Numbering Plan Administrator (NANPA) shall notify the Commission if it receives any NXX code applications from LNP-capable carriers for numbers from the 570, 610/484, 717 and 814 NPAs.

 7. A copy of this order shall be served to all NXX code holders in Pennsylvania, the Office of Consumer Advocate, the Office of Small Business Advocate, the Pennsylvania Telephone Association, Neustar-NANPA, and Linda Hymans of Neustar Pooling Administration.

 8. A copy of this order shall be published in the Pennsylvania Bulletin and published on the Commission's web site at http://www.puc.state.pa.us.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 10-1149. Filed for public inspection June 18, 2010, 9:00 a.m.]

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¹  Pennsylvania is in the midst of area code relief efforts in the 570, 814 and 717 NPAs, respectively. See Relief Plan for the 570 NPA, Docket No. P-2009-2117193 (Order entered July 29, 2009); Relief Plan for the 814 NPA, Docket No. P-2009-2112925 (Order entered July 29, 2009); Relief Plan for 717 NPA, Docket No. P-2009-2136951 (Order entered December 17, 2009). Area code relief becomes necessary when an area code is forecast to exhaust its share of ''NXX codes'' (which are the three digits following the area code in a 10-digit telephone number). Each NXX code contains 10,000 numbers and each area code contains approximately 792 NXX codes.

²  To be able to participate in 1K pooling a carrier must be Local Number Portability (LNP)-capable. 47 CFR 52.20. 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, ¶ 116 (2000). (''FCC's Numbering Order''). 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. Consequently, all LNP-capable providers who service a particular rate area can share all telephone number resources. Conversely, service providers who cannot participate in the pool would continue to receive NXX codes from the code administrator in 10,000 blocks.

³  FCC's Numbering Order, supra note 3 at ¶¶ 122 and 156.

⁴  In the Matter of Numbering Resource Optimization, CC Docket Nos. 99-200, 96-98, NSD File No. L-99-101. (FCC's Delegation Order). Pursuant to paragraphs 45 and 46 of the FCC's Delegation Order, the Commission can only implement 1K pooling in either the Philadelphia or the Pittsburgh Metropolitan Statistical Area (''MSA'' refers to the geographic areas designated by the Bureau of Census that are widely recognized as indications of metropolitan character). Further, the Commission can implement 1K pooling in any new NPA implemented in these two NPAs. However, the Commission must first implement 1K pooling in a single MSA and may not expand to another MSA until pooling has been fully implemented in the initial one.

⁵  See Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order released July 20, 2000—Thousands-Block Number Pooling, Opinion and Order Regarding the Petition of Verizon Pennsylvania, Inc. For Expedited Reconsideration, Docket Numbers M-00001427 and P-00961061F0002 (Order entered February 9, 2001).

⁶  See Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order released July 20, 2000—1K Pooling, Docket No. M-00001427 and P-00961027F0002 (Order entered May 31, 2001).

⁷  The national rollout of 1K number pooling had commenced on March 15, 2002, in the 100 MSAs in accordance with the schedule adopted by the FCC.

⁸  On February 8, 2001, we adopted an order directing that a rate center consolidation subcommittee be formed to develop and submit to the Commission a plan for rate center consolidation in any and all NPAs in Pennsylvania on or before August 1, 2001. Rate Center Consolidation, Docket No. M-00011452 (Order entered February 9, 2001). On July 26, 2001, we adopted an order suspending the August 1, 2001 deadline for submission of a implementation plan consolidating any and all rate centers in Pennsylvania's area codes. Rate Center Consolidation, Docket No. M-00011452 (Order entered July 26, 2001).

⁹  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 F.C.C. Rcd at 19027 (Pennsylvania Numbering Order).

¹⁰  See Implementation of Accelerated Voluntary Thousands-Block in the 570 and 717 Area Codes, Docket No. M-00001427 (Order entered August 9, 2001).

¹¹  In the Matter of Petition of Representative Keith R. McCall and Members of the Northeast Delegation of the Pennsylvania House of Representatives Requesting that Additional Authority be Delegated to the Pennsylvania Public Utility Commission to Implement Additional Number Conservation Measures, Order, CC Docket No. 99-200 (December 28, 2001).

¹²  See Pooling Rollout Order.

¹³  Numbering Resource Optimization First Report and Order, 15 F.C.C. Rcd at 7651-52, ¶ 170. These three criteria were adopted before the implementation of nationwide 1K block number pooling and before the Commission recognized that full LNP capability is not necessary for participation in pooling.

¹⁴  Id. at ¶ 116.

¹⁵  See FCC's Pennsylvania Order supra note 4; FCC's Numbering Order supra note 3 at ¶ 7, and FCC's Delegation Order supra note 5 at ¶ 11.

¹⁶  At the time of the implementation of the 215/267 NPA 1K block number pooling in 2002, all of its rate centers were designated mandatory because they all were located within a top 100 MSA. Thus, this order will not address the 215/267 NPA.

¹⁷  See FCC's Delegation Order supra note 5.

¹⁸  INC Central Office Code (NXX) Assignment Guidelines, May 28, 2010.

¹⁹  FCC's Numbering Order supra note 3 ¶ 142.

²⁰  Contamination occurs when at least one telephone number within a block of telephone numbers is not available for assignment to end users or customers. 47 CFR 52.7(h). Numbers not available for assignment include administrative, aging, assigned, intermediate, or reserved numbers as defined in 47 CFR 52.15(1).

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