NOTICES
Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order released July 20, 2000--Thousands-Block Number Pooling; M-00001427
[30 Pa.B. 5600] Public Meeting held
October 13, 2000Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; Nora Mead Brownell; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Tentative Order By the Commission: Introduction
Both Federal and state statutes have created the opportunity for new telephone companies to compete against existing companies for local telephone business.1 These statutes were designed to foster competition in the telecommunications marketplace with the hope of ultimately lowering prices and improving choices for consumers. Unfortunately, however, the proliferation of fax machines, computer modems, cellular phones, and competitive carriers in the local service market have created an unprecedented demand for NXX codes.2 Consequently, area codes are rapidly exhausting in Pennsylvania and Nationwide.
The Commission, in addition to other state and Federal regulators as well as the telecommunications industry, has been dedicated to finding a solution for this complex numbering problem for several years. Efforts have focused both on developing methods of allocating numbers more efficiently and on developing methods for increasing carriers' accountability for the numbering resources they obtain. Number pooling is a number conservation measure with the potential of significantly slowing the depletion numbering resources. ''Pooling'' refers to sharing spare resources and thousands-block pooling (1K pooling) is a method of assigning those resources. In number pooling, there is an inventory of telephone numbers that participating service providers3 share and use in groups of 1,000 numbers. The entity responsible for monitoring the pool and allocating the resources in the pool is known as the Pooling Administrator (PA). Numbers are added to the pool through 1,000 block (or NXX-X) donations from service providers as well as through 10,000 block (or NXX) code assignments made by the Code Administrator to the PA.
The Commission has long advocated the benefits of 1K pooling for Pennsylvania and has been attempting to implement this number conservation measure for over three years. The Commission first ordered 1K pooling to be implemented in the 717, 215, and 610 numbering plan areas (NPAs) in its July 15, 1997 order at docket numbers P-00961027, P-00961061, and P-00961071. Unfortunately, however, the Federal Communications Commission (FCC) curtailed the Commission's efforts in the fall of 1998 by ruling that the Commission did not have the authority to implement such a measure without receiving approval from the FCC.4 But, the FCC did determine that state commissions could file petitions with it requesting such authority. Consequently, the Commission filed its Petition for Delegated Authority to Implement Number Conservation Measures, CC Docket No. 96-98, on December 27, 1999 and requested, among other initiatives, the authority to implement 1K pooling.
On March 31, 2000, the FCC released its National number pooling order5 which establishes, in addition to other number conservation measures, a National framework for 1K pooling and a National roll out for pooling to begin once the FCC names a National PA. Regarding the Commission's request to implement 1K pooling in Pennsylvania, the FCC's March 31, 2000 order asked the Commission to file a supplement to its pending petition for delegated authority demonstrating that: 1) an 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)6, or alternatively, that the majority of wireline carriers in the NPA are LNP-capable.
The Commission filed its Supplement to its Petition for Delegated Authority to Implement Number Conservation Measures on April 25, 2000. The Commission asserted that both 412 and 610/484 fit within the above definition and would be appropriate for 1K pooling. Also, the Commission indicated that the 724, 717, 570, 215/267 NPAs, would benefit from 1K pooling based on the history of their life expectancy and the Commission's experience with them since 1996.
On July 20, 2000, the FCC issued an order (FCC Order) granting the Commission's request to implement 1K pooling on an interim trial basis.7 The Commission is anxious to implement 1K pooling in Pennsylvania and remains committed to having adequate numbering resources available to all telecommunications providers while being mindful of the impact of proliferating new area codes on Pennsylvania's citizens. By implementing 1K pooling in combination with other number conservation measures,8 the Commission will better ensure that telecommunications carriers have adequate numbering resources without needing to resort to adding new area codes. Before implementing 1K pooling, however, the Commission is requesting comments from consumers, the telecommunications industry, and other interested parties as discussed below.
Discussion I. Where Should Pennsylvania's First Interim Pooling Trial be Implemented?
Pursuant to paragraphs 45 and 46 of the FCC Order, the Commission can implement 1K pooling in the Philadelphia MSA and the Pittsburgh MSA. 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.
Therefore, the Commission is seeking comments on whether its first 1K interim pooling trial should be implemented in the Pittsburgh MSA (which is the 412 NPA) or the Philadelphia MSA (which consists of the 610/484 NPA). Specifically, the Commission is interested in which MSA would be more favorable than the other for implementation of an interim 1K pooling trial. Also, the Commission would like to know what effect pooling would have in each MSA. Finally, the Commission invites comments regarding the technical aspects of 1K pooling, the ability of various carriers to participate in the pooling trial, and the experiences carriers have had while participating in pooling trials in other states.
The following information about each NPA is being offered to aid commenters in their response:
A. The 412 NPA
The 412 NPA was one of Pennsylvania's original four area codes. On July 15, 1997, 412 was split by Commission order at Docket No. P-00961027 with the new 724 NPA activated on February 1, 1998. Relief planning again became necessary for the 412 NPA on November 29, 1999 when it was declared to be in jeopardy9 by the North American Numbering Plan Administrator (NANPA).10 On July 9, 1999 an industry consensus was reached to institute an all services multiple overlay. Therefore, on August 1, 2001, the 878 NPA will be activated and will overlay both the 412 and the 724 geographic areas.
The 412 NPA encompasses Allegheny county. There are approximately 23 rate centers in this area. Also, approximately 21 of the telecommunications carriers in this area are LNP-capable, they presently hold 433 NXX codes in the 412 NPA, and they are able to participate in the pool. According to the Commission's data11, the average utilization rate for the 412 NPA is 55%.12
As of September 19, 2000, 130 NXX codes were available for assignment in the 412 NPA. The projected exhaust date, as calculated by the NANPA in May 2000, for the 412 NPA is third quarter 2002. Currently, the telecommunications industry has agreed to ration NXX codes at the rate of six per month because of the 412 NPA's continuing jeopardy status.13 According to the industry consensus plan, however, the jeopardy status will end upon activation of the new 878 NPA in August 2001 and NXX codes will no longer be rationed.
B. The 610/484 NPA
The 610 NPA was activated on January 7, 1995 as a split of Pennsylvania's original 215 NPA. Then, on May 21, 1998, the 610 NPA was overlayed by 484 pursuant to Commission order at Docket No. P-00961061, and the 484 NPA was activated on June 5, 1999. Further relief planning became necessary for the 610/484 NPA on November 29, 1999 when it was declared to be in jeopardy by the NANPA. On December 2, 1999, an industry consensus was reached to institute an all services distributed overlay. Therefore, on May 1, 2001, the 835 NPA will be activated and will encompass the 610/484 geographic area.
The counties covered by the 610/484 NPAs are Berks, Chester, Delaware, Lehigh, Montgomery, and Northampton. There are approximately 88 rate centers in this area. Also, approximately 68 of the telecommunications carriers in this area are LNP-capable, they presently hold 1071 NXX codes in the 610/484 NPAs, and they are able to participate in the pool. According to the Commission's data14, the average utilization rate for the 610/484 NPA is 46%.15
As of September 19, 2000, 207 NXX codes were available for assignment in the 610/484 NPA. The projected exhaust date, as calculated by NANPA in May 2000, for the 610/484 NPA is third quarter 2002. Currently, the industry has agreed to ration NXX codes at the rate of 10 per month because of the 610/484 NPA's continued jeopardy status. According to the industry consensus plan, however, the jeopardy status will end upon activation of the new 835 NPA in May 2001 and NXX codes will no longer be rationed. Additionally, there are 15 uncontaminated NXX codes that were reserved by the Commission in its May 21, 1998 order at Docket No. P-00961061 for future number conservation measures. Consequently, these NXX codes are available for donation to the pool in a 1K pooling trial.
II. The Date Established for Pennsylvania's First Interim Pooling Trial
Because the Commission is dedicated to implementing Pennsylvania's first interim pooling trial as early as possible and because other states have been able to implement their pooling trials anywhere from 1 month to 6 months after the final pooling order, the Commission has determined that Pennsylvania's first interim 1K pooling trial should be fully implemented on March 1, 2001. This date reflects the 20 day comment period established by this tentative order, the Commission's review of those comments, and the issuance of a final 1K pooling order no later than the December 20, 2000 public meeting. If, however, March 1, 2001 is not feasible for valid reasons, commenters are invited to explain these reasons to the Commission and propose the earliest possible date that a 1K pooling trial can begin in Pennsylvania.
III. Who Should Implement Pennsylvania's First Interim Pooling Trial?
Once the Commission has determined where to implement its first 1K interim pooling trial, a decision regarding who should assume the responsibility as the interim PA needs to be made. The Commission, in its final 1K pooling order, will name the interim PA. The Commission is currently aware that both NeuStar, Inc. and Telecordia Technologies, Inc. are interested in serving as the interim PA. The Commission is seeking comments from both of these companies, as well as any other interested company, regarding their qualifications, experience, and ability to implement a successful interim pooling trial in Pennsylvania. Also, the Commission is interested in the industry's opinion regarding who should be selected as the interim PA since the industry will be working closely with the chosen interim PA.
Once the interim PA is chosen, the interim PA and the industry16 will negotiate a contract regarding cost allocation and cost recovery. The Commission will be involved with those negotiations and will issue an order at a later date finalizing the cost recovery and cost allocation associated with its interim 1K pooling trial. The Commission, however, can continue forward with implementation of its the 1K pooling trial without the specific details of this issue being finalized.
Conclusion 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 first interim 1K pooling trial on March 1, 2001. By taking this step 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. Comments regarding this tentative order be filed with the Commission no later than 20 days after this tentative order is published in the Pennsylvania Bulletin. No reply comments will be permitted.
2. A copy of this order be served on all jurisdictional telecommunications carriers, wireless carriers, the Office of Consumer Advocate, the Office of Small Business Advocate, the North American Number Plan Administrator and Telecordia Technologies, Inc. c/o Michael Knapp, Executive Director, 2020 K Street, NW Suite 400, Washington, DC 20006.
3. A copy of this tentative order shall be published both in the Pennsylvania Bulletin and on the Commission's website.
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1 See, The Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 251(e)(1), and Chapter 30 of the Pennsylvania Public Utility Code, 66 Pa.C.S. §§ 3001-3009.
2 NXX codes are the three digits following the area code in a 10-digit telephone number. Under the current infrastructure, telephone numbers are assigned to carriers by NXX code (which contains 10,000 numbers). Consequently, even if a carrier has only ten customers, 10,000 numbers are still assigned in that area code causing 9,990 numbers to remain unused and unavailable. The result of this is that the amount of NXX codes in an area code exhaust so that a new area code needs to be instituted to generate new NXX codes, and hence, new numbers available for assignment.
3 To be able to participate in 1K pooling a carrier must be LNP-capable. 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). Although the telephone network is designed to route traffic based on the assignment of an NXX code (10,000 numbers) to one specific carrier, the introduction of local number portability (LNP) has begun to make the network more flexible. Because 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. By making the entire spare number inventory available to many providers, telephone number utilization can be improved and NPA lives extended. Service providers who cannot participate in the pool would continue to receive NXX codes from the code administrator in 10,000 blocks.
4 In the Matter of Petition for Declaratory Ruling and Request for Expedited action on 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) recon. pending.
5 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). In this Report and Order, the FCC established new policies and rules to reduce the need for new area codes and addressed two of the major factors that contribute to numbering resource exhaust--the absence of regulatory, industry, or economic control over requests for numbering resources and the allocation of numbers in blocks of 10,000 regardless of the carrier's actual need. In addition, the FCC mandated that carriers assign all available telephone numbers within an opened thousands-block before opening another thousands-block and this requirement applies to both a carrier's existing numbering resources and any future numbering resources. 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 ¶ 244 (2000).
6 MSAs are geographic areas designated by the Bureau of Census for purposes of collecting and analyzing data. The boundaries of MSAs are defined using statistics that are widely recognized as indications of metropolitan character. See Policy and Rules Concerning Rates for Dominant Carriers, Memorandum Opinion and Order, 12 FCC Rcd 8115, 8122 (1997).
7 In the Matter of Numbering Resource Optimization, CC Docket Nos. 99-200, 96-98, NSD File No. L-99-101. Beyond 1K pooling, this order also grants the Commission authority to do the following: 1) maintain rationing procedures for 6 months following implementation of NPA relief, 2) implement NXX code sharing (after investigating it, reporting results to FCC, and determining that it is feasible and economically viable), and 3) hear and address claims for an extraordinary need for numbering resources in an NPA subject to a rationing plan.
8 See 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), 30 Pa. B. 4701 (September 2, 2000) (Commission established process for reclaiming NXX codes from carriers who have failed to activate them within 6 months of their availability for assignment to customers.)
9 Pursuant to the Central Office Code (NXX) Assignment Guidelines, ''a jeopardy condition exists when the forecasted and/or actual demand for NXX resources will exceed the known supply during the planning/implementation interval for relief.'' Central Office Code (NXX) Assignment Guidelines at 48 (INC 95-0407-008, June 19, 2000). A copy of these guidelines can be obtained from www.atis.org.
10 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.
11 By Opinion and Order entered October 23, 1998, Docket Numbers P-00961027, P-00961061, and P-00961071, the Commission exercised its plenary statutory powers, under 66 Pa.C.S.A. §§ 501 and 505, and directed all carriers to submit all data concerning fill of existing exchange codes, assignment of numbers and remaining number availability.
12 Reporting from 85% of Pennsylvania's NXX code holders on October of 1999 showed that the utilization rate in the 412 NPA was 54%. Reporting from 60% of the Pennsylvania NXX code holders in June of 2000 showed that the utilization rate in the 412 NPA was 56%. Note that this data is based on reporting from the carriers prior to the FCC's March 31, 2000 national pooling order; therefore, reportedly ''used'' NXX codes presumably include those numbers now defined by the FCC as assigned, intermediate, reserved, aging, and administrative numbers. 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 ¶¶ 11-36 (2000).
13 The Industry Numbering Committee Guidelines provide that when an area code is in a jeopardy situation the NANPA convenes a meeting of the industry to discuss and adopt a consensus plan for rationing the numbers in the area code. Central Office Code (NXX) Assignment Guidelines, INC 95-0407-008, June 19, 2000 at § 9.0.
14 By Opinion and Order entered October 23, 1998, Docket Numbers P-00961027, P-00961061, and P-00961071, the Commission exercised its plenary statutory powers, under 66 Pa. C.S.A. §§ 501 and 505, and directed all carriers to submit data concerning fill of existing exchange codes, assignment of numbers and remaining number availability.
15 Reporting from 85% of Pennsylvania's NXX code holders in October of 1999 showed that the utilization rate in the 610 NPA was 58% and in the 484 NPA it was 53%. Reporting from 60% of the Pennsylvania NXX code holders in June of 2000 showed that the utilization rate in the 610 NPA was 60% and in the 484 NPA it was 12%. Since the 610/484 NPAs cover the same area, all these utilization rates were added together and then averaged. Note that this data is based on reporting from the carriers prior to the FCC's March 31, 2000 national pooling order; therefore, reportedly ''used'' NXX codes presumable include those numbers now defined by the FCC as assigned, intermediate, reserved, aging, and administrative numbers. 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 ¶¶ 11-36 (2000).
16 The industry will be represented by the LLC which is an industry group established in each of the original Bell Operating Companies to manage the local number portability administrators and cost recovery mechanisms.
JAMES. J. MCNULTY,
Secretary
[Pa.B. Doc. No. 00-1891. Filed for public inspection October 27, 2000, 9:00 a.m.]
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