NOTICES

Rescission of Relief Plan for the 215/267 NPAs

[33 Pa.B. 5154]

Public Meeting held
September 18, 2003

Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Glen Thomas; Kim Pizzingrilli, statement follows

Rescission of Relief Plan for the 215/267 NPAs; P-00961071F0002

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 215 and 267 Numbering Plan Areas (NPAs) demonstrates that both of these NPAs have experienced an unprecedented and efficient use of numbering resources due to the implementation of various number conservations measure. As a result, there are adequate numbering resources available for telecommunications carriers in these NPAs. Accordingly, the Commission orders the rescission of the implementation schedule for the 445 NPA in southeastern Pennsylvania.

I.  Background

   1.  Introduction of 267 NPA

   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 215 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 215 NPA. Thus, by an Order entered May 21, 1998,⁴ the Commission directed that the 215 NPA in southeastern Pennsylvania receive an overlay to address the prevailing NXX code shortage problem.⁵ The NANPA assigned the 267 NPA to overlay the 215 NPA.⁶

   In June 1999, the 267 overlay NPA was activated and placed into service with a projected life of 4 1/2 years as forecasted by the NANPA. Based upon the initial demand for NXX codes from the 267 NPA by telecommunications service providers in southeastern Pennsylvania, the NANPA recalculated the estimated service life of the 267 NPA and estimated that the 267 NPA would exhaust its supply of NXX codes during the first quarter of 2003. Shortly thereafter, on October 4, 1999, the NANPA, in accordance with its directive to initiate NPA relief planning in areas in sufficient time (30 months) to prevent the exhaust of numbering resources, notified the Commission and the telecommunications industry that it was necessary to begin planning relief alternatives for the 267 NPA.

   2.  Introduction of the 445 NPA over the 215 and 267 NPAs

   On December 2, 1999, the NANPA convened a meeting with the telecommunications industry to discuss relief alternatives for addressing the numbering exhaust in the 267 NPA. The NANPA indicated that 364 NXX codes had been assigned from the 267 NPA since its June 1999 activation date. The industry reached consensus to recommend to the Commission an all services distributed overlay as its preferred alternative for area code relief in the 267 NPA.⁷ This overlay would cover the same geographic boundaries of the existing 215 and 267 NPAs (215/267 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, 2000.⁸ The NANPA assigned the 445 NPA as the overlay NPA for the 215/267 NPAs.⁹

   3.  Modification of the implementation schedule for the 445 NPA

   On May 18, 2000, the Pennsylvania telecommunications industry finalized the implementation schedule for the 445 NPA.¹⁰ The implementation schedule, inter alia, established May 1, 2001, as the activation date for the 445 NPA. However, in response to the industry's recommended implementation schedule for the 445 NPA, the Commission reviewed the 2001 number utilization data for both the 215 and 267 area codes and the amount of NXX codes available for assignment within those existing area codes. As a result, by an Order entered March 12, 2001, at P-00961071F0002, the Commission concluded that the previously referenced implementation schedule approved by the telecommunications industry for the new 445 NPA was inappropriate and modified the implementation schedule for the 445 NPA overlay.

   In its March 12, 2001, Order, the Commission determined that the 445 NPA should not be activated on May 1, 2001, but rather, established an implementation schedule that was based on the number of NXX codes remaining in the 215/267 NPAs. Accordingly, the Commission concluded that the new 445 overlay NPA should not be activated until 3 months prior to NXX code exhaust in the existing 215/267 NPAs.¹¹ Additionally, the Commission directed the NANPA to provide monthly updates on the projected exhaust dates for the existing 215/267 NPAs.¹² In particular, the NANPA was to inform the Commission when the supply of NXX codes in the 215/267 NPAs was to exhaust in 10 months.¹³

   4.  Release of the 2003 Numbering Resource Utilization Forecast (NRUF) Data

   In its effort to ensure that new area codes are not introduced prematurely, the Commission has continued to monitor vigorously the numbering data that is compiled by the NANPA. In June 2003, the NANPA released the 2003 NPA NRUF exhaust projections for all area codes. The NRUF data indicated that the NPAs in this Commonwealth, including the 215/267 NPAs, experienced an unprecedented, efficient use of numbering resources due to the implementation of thousands-block (1K) number pooling¹⁴ and other number conservation measures such as NXX code reclamation.¹⁵ Accordingly, the NANPA revised the projected exhaust date for the 215/267 NPAs. In particular, the exhaust date for the 215/267 NPAs was changed from the first quarter of 2005 to the fourth quarter of 2008, or nearly 5 years from now.

Discussion

   It is beyond dispute that the most recent numbering data concerning the 215/267 NPAs clearly demonstrates that the 445 overlay NPA is no longer necessary. According to information on the NANPA's website,¹⁶ as of September 4, 2003, there were approximately 15 full NXX codes still available for assignment in the 215 NPA and 252 full NXX codes still available for assignment in the 267 NPA. However, the 215/267 NPAs have been utilizing 1K number polling since August 2002, and thus, all telecommunications carriers providing service in the 215/267 NPAs, including wireless carriers, can only receive a block of 1,000 telephone numbers from the Pooling Administrator. Therefore, since all telecommunications carriers providing service in the 215/267 NPAs receive only a block of 1,000 telephone numbers instead of a full 10,000 block of telephone numbers, these 267 (15 + 252) full NXX codes will last longer.¹⁷ Moreover, in addition to the full NXX codes available for assignment in the 215/267 NPAs, there are approximately 1,900 individual 1K blocks of telephone numbers still available for assignment in the 215/267 NPAs according to the Pooling Administrator's data. Clearly, there are adequate numbering resources available the telecommunications carriers providing service in the 215/267 NPAs.

   Additionally, the Commission began implementation of its reclamation authority in August 2000¹⁸ and has already reclaimed some 37 NXX codes within the 215/267 NPAs. The Commission believes that additional NXX codes from these NPAs will be subject to reclamation, adding further to the number of NXX codes available for assignment.

   More importantly, the NRUF data shows that the utilization rate¹⁹ for the total NXX codes assigned in the 215 NPA is 57% and that the utilization rate for the total NXX codes assigned in the 267 NPA is only 16%. This means that the telecommunications carriers still have the ability to assign many more numbers from their current inventories alone to meet customer demand.

   The current numbering data clearly demonstrates that the number conservation measures implemented within the 215/267 NPAs have resulted in the availability of adequate numbering resources for telecommunications carriers providing service in the 215/267 NPAs. Consequently, the 215/267 NPAs will not be nearing exhaustion of their numbering resources in the near future. This fact is evident by the recent change in the projected exhaust date of the 215/267 NPAs from the first quarter of 2005 to the fourth quarter of 2008, which is a significant revision.

   The new projected exhaust date for the 215/267 NPAs removes the urgency to implement the 445 NPA. We note that the proliferation of new area codes before they are necessary is detrimental to both consumers and the telecommunications industry. Accordingly, since the numbering data does not justify the retention of the 445 NPA for area code relief in the 215/267 NPAs, we will direct the NANPA to reclaim the 445 NPA and return it to the pool of available area codes within the North American Numbering Plan (NANP).²⁰ However, we recognize that the telecommunications industry completed their network preparation for the implementation of the 445 NPA by February 2001. Therefore, to prevent the telecommunications industry from having to perform the monumental task of undoing their prior implementation work, we shall direct the NANPA to hold the 445 NPA in ''reserved'' status.²¹

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. The recent numbering data from the NANPA clearly demonstrates that the implementation of number conservations measures such as mandatory 1,000 block pooling and NXX code reclamation have contributed to the efficient use of numbering resources in the 215/267 NPAs. As a result, telecommunications carriers will have adequate numbering resources available to them and, thus, the implementation and activation of the 445 NPA is no longer necessary and should be rescinded. Furthermore, we believe that the action of directing the NANPA to reclaim the 445 NPA will prolong the life of the NANP. Lastly, we believe that rescinding the 445 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 215 and 267 NPAs in the future if circumstances warrant; Therefore,

It Is Ordered That:

   1.  The consensus relief plan of the 445 NPA overlaying the 215/267 NPAs in southeastern Pennsylvania and the previously adopted implementation schedule for the 445 overlay NPA is rescinded.

   2.  The NANPA shall reclaim the 445 NPA and return it to the pool of available area codes within the North American Numbering Plan and place it in ''reserved'' status.

   3.  All jurisdictional telecommunications carriers providing service in southeastern Pennsylvania are directed to inform their customers, by means of a bill insert, that the 445 NPA will not be introduced, but that ten-digit dialing will continue in the 215/267 NPAs.

   4.  A copy of this order shall be sent to the NANPA.

   5.  A copy of this order shall also be published in the Pennsylvania Bulletin and posted on the Commission's website at http://puc.paonline.com/.

JAMES J. MCNULTY,   
Secretary

Statement of Commissioner Kim Pizzingrilli

Recission of the Relief Plan	Public Meeting
for the 215/267 NPAs	September 18, 2003
	SEP-2003-LAW-0114*
Docket No. P-00961071F0002

   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 215 and 267 Numbering Plan Areas (NPAs) demonstrates that both of these NPAs have experienced unprecedented and efficient use of numbering resources due to conservation measures and NXX code reclamation. Based on the success of these measures, the North American Numbering Plan Administrator has revised the projected exhaust date for the 215/267 NPAs to the fourth quarter of 2008, nearly five years from now. Accordingly, retention of the proposed 445 NPA for area code relief in the 215/267 NPAs is no longer justified.

   I wish to commend the telecommunications industry for their cooperation and efficient utilization of NXX codes. This action today, and the fact that no new area codes have been opened in Pennsylvania since 1999, has given us proof positive that our conservation and reclamation efforts are working for the benefit of Pennsylvania.

KIM PIZZINGRILLI,   
Commissioner

[Pa.B. Doc. No. 03-2012. Filed for public inspection October 10, 2003, 9:00 a.m.]

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¹  NPA, or ''area code,'' refers to the first three digits of a ten-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 at §§ 4.0--4.9 (August 2002).

³  This filing also dealt with the 610 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 215 NPA as the projected exhaust date for the 610 NPA has not changed.

⁴  Petition of NPA Relief Coordinator Re: 215/610 Area Code Relief Plan, at Docket No. P-00961061 (Order entered May 21, 1998). Under section 251(e) of the Telecommunications Act of 1996, 47 U.S.C.A. § 251(e), the Federal Communication Commission (FCC) has delegated authority to state commissions to direct the form of area code relief in these 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) recon. pending. Accordingly, the Commission permitted the industry consensus plan of implementing an all services distributed overlay to alleviate the number exhaust in the 215 NPA to go forward.

⁶  See NANP Planning Letter No. 134 at www.nanpa.com.

⁷  See fn. 4. This relief planning session dealt with the 610/484 NPAs as well.

⁸  While the FCC regulations in 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.

⁹  See NANP Planning Letter No. 237 at www.nanpa.com.

¹⁰  See fn. 9.

¹¹  Id.

¹²  See NANP Planning Letter No. 267 at www.nanpa.com.

¹³  Id.

¹⁴  1K number pooling is the process by which a 10,000 block of numbers is separated into 10 sequential blocks of 1,000 numbers and allocated separately to providers within a rate center.

¹⁵  NXX code reclamation involves the return of unused NXX codes to the NANPA. Within 6 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).

¹⁶  www.nanpa.com

¹⁷  In fact, for this year-to-date, the NANPA's Central Office Code Assignment Activity Report shows that only three NXX codes have been assigned to carriers

¹⁸  Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order released March 31, 2000--NXX Code Reclamation, M-00001373 (Order entered August 22, 2000).

¹⁹  ''Utilization'' rate has been defined as the percentage of NXX codes assigned to end-users from the carriers total inventory of NXX codes within an NPA.

²⁰  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 is currently only a total of 261 area codes remaining.

²¹  By returning the 445 NPA to ''reserved'' status, the NANPA, in essence, will hold the 445 NPA for reassignment to the 215/267 NPAs, but only if circumstances warrant its use.

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