NOTICES
Request of D & E Systems, Inc. for an NXX Code in the 717 Area Code
[33 Pa.B. 842] Public Meeting held
January 23, 2003Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Request of D & E Systems, Inc. for NXX Code in the 717 Area Code; Doc. Nos. M-00021635F0006; P-00961071 F0002
Order By the Commission:
On December 31, 2002, D & E Systems, Inc. (D & E or the Company) petitioned the Commission requesting additional numbering resources in the 717 Number Plan Area (NPA) for use by a large business customer. D & E is requesting a full 10,000 numbers (one NXX1 code) from the 717 NPA to be assigned to the Lancaster rate center. D & E's request comes before the Commission since the Company's current inventory of numbers will not address the demand presented by this specific customer request. In addition, D & E is requesting a full NXX code in an area code that has a mandatory thousand block pool.2 Based on the information submitted by D & E, the Commission grants D & E's request for additional numbering resources in the 717 NPA.
Background
The Federal Communications Commission (FCC) recently addressed telecommunications carriers' need for growth numbering resources in its Third Report and Order.3 The FCC, in its order, reaffirmed that carriers must meet a months-to-exhaust requirement before receiving growth numbering resources so as to ensure that telephone numbers are used efficiently and carriers are prevented from having excessive inventories of numbers.4 In this same order, the FCC granted state commissions the authority to provide relief to telecommunications carriers for additional numbering resources in a given rate center if a company can not meet the demand for resources through its current inventory.
In accordance with the FCC's Third Report and Order, carriers may demonstrate a need by providing the state with documentation of the customer request and current proof of utilization in the affected rate center.5 The FCC also directed that any numbering resources granted for this reason may be initially activated only to serve the requesting customer for whom the application was made. In addition, if the customer request is withdrawn or declined, the requesting carrier must return the numbers to the North American Numbering Plan Administrator (NANPA) or Pooling Administrator, and may not retain the numbering resources to serve other customers without first meeting the FCC's growth numbering resource requirements.6
Also, in March 2002, this Commission implemented a pooling trial in the 717 NPA in southcentral Pennsylvania.7 D & E is participating in the 717 NPA pool since the Company has deployed local number portability (LNP) in its switches in accordance with previous FCC directives.8 In the 717 NPA, D & E, as a pooling carrier, is required to obtain its numbering resources from the pooling administrator, Neustar, Inc. (Neustar).9 However, in this case, neither D & E's current inventory of telephone numbers nor the pool's resources can accommodate the specific customer's request in the 717 NPA.
Discussion
The issue of providing a pooling carrier additional numbering resources in the form of a full NXX code outside of the established pooling process for a verified customer request is one of first impression for this Commission. This is due in part to the fact that the 717 NPA pool has been implemented for less than a year. Also, the FCC's grant of authority to address carriers numbering needs for specific customer requests was established approximately 1 year ago, or in December 2001.
Previously, this Commission has, in the implementation of its numbering authority from the FCC, granted requests for NXX codes or reclaimed NXX codes in Pennsylvania NPAs through Commission orders.10 We intend to dispose of carriers' requests for numbering resources, including full NXX codes in Pennsylvania's pooling NPAs based on specific customer demand, through this same process.11
In the information submitted by D & E in support of its request, the Company verifies that a specific customer has requested a full NXX code in the 717 NPA for use in a particular rate center.12 The customer request is to have the numbering resources assigned to the Lancaster rate center for the customer's exclusive use of all 10,000 numbers. Also, D & E has indicated that its current inventory of numbers in the Lancaster rate center will not accommodate this large customer request. Further, D & E indicates that the customer is requesting specific numbers to expand its business and communications needs, and D & E currently does not have the numbers assigned to it. Finally, D & E states that these additional numbering resources are needed for customer retention.
Based upon the information submitted by D & E, the Commission hereby approves the Company's request to obtain a full NXX code from NANPA to serve the needs of its specific customer. In accordance with the FCC's delegation of authority to this Commission, D & E is permitted to activate this new NXX code for the telecommunications needs of the specific customer only. However, if the customer request is withdrawn or declined, D & E must return the NXX code to NANPA, and may not retain the numbering resources to serve other customers without first meeting the FCC's growth numbering resource requirements. Since the 717 NPA is a pooling area code, it is our understanding from Neustar Pooling Administration that D & E must submit its request for additional numbering resources to Neustar, which will then forward it to the NANPA Code Administrator for Pennsylvania to effectuate the relief granted herein.
Also, if D & E finds that it has excess numbering resources because of receiving a full NXX code in the Lancaster rate center, the Company is directed to donate any or all numbers not needed to the Pooling Administrator so that they can be used by other carriers in the 717 NPA pool in accordance with the already established pooling guidelines.13
We also direct the NANPA Code Administrator to accelerate the Local Exchange Routing Guide (LERG) effective date to 35 days14 for the NXX code assigned to D & E under this Order so that the customer's telecommunications needs are met in a timely manner. We also direct all jurisdictional carriers to comply with our expedited process for activating this NXX in the LERG. Receiving this NXX code on an expedited basis provides D & E with the necessary numbering resources to respond to the demand of this specific customer request in a timely manner; Therefore,
It Is Ordered That:
1. D & E's request to receive a full NXX code in the 717 NPA is hereby granted.
2. Once the Pooling Administrator, Neustar, Inc., has received D & E's request and documentation for an additional NXX code in the 717 NPA, the Pooling Administrator is to request, within 3 business days, a full NXX code from the NANPA Code Administrator to be assigned to D & E in the Lancaster rate center in the 717 NPA.
3. The NANPA Code Administrator assign a full NXX code to D & E in the Lancaster rate center in the 717 NPA in accordance with the expedited process discussed in the body of this Order.
4. D & E shall use the NXX code assigned under Ordering Paragraph No. 2 and 3, for the sole purpose of meeting the telecommunications needs of the specific customer requesting a full NXX code in the Lancaster rate center.
5. D & E shall donate to the 717 NPA pool any and all numbers no longer in use by the specific customer as a result of the assignment of a full NXX code in the Lancaster rate center if appropriate.
6. If the customer request is withdrawn or declined, D & E is directed to return the NXX code to the 717 NPA Code Administrator, and may not retain this block of 10,000 numbers to serve other customers without first meeting the FCC's growth numbering resource requirements.
7. A copy of this Order shall be served on Gary Zahn and Shannon Collins, Neustar's Pooling Administrators for the 717 NPA, and Cheryl Dixon, the NANPA Code Administrator for Pennsylvania.
8. All jurisdictional carriers shall be served with a copy of this Order.
9. A copy of this Order shall be published both in the Pennsylvania Bulletin and on the Commission's website at http://puc.paonline.com/.
1 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 (each NXX code contains 10,000 numbers) if the carrier is not participating in pooling in the involved NPA.
2 In March 2002, mandatory thousand-block pooling was implemented in the 717 NPA in accordance with the FCC's additional delegated authority to Pennsylvania to implement numbering resource optimization strategies. Petition of Representative Keith R. McCall and Members of the Northeast Delegation of the Pennsylvania House of Representatives Requesting Additional Authority to be Delegated to the Pennsylvania Public Utility Commission to Implement Additional Number Conservation Measures, CC Docket No. 99-200 (Order Adopted December 21, 2001) at ¶ 2.
3 In the Matter of Numbering Resource Optimization, Third Report and Order and Second Order on Reconsideration, CC Docket No. 99-200 (Order adopted December 12, 2001). This Order addressed the issues of national thousands-block pooling including pooling for non-LNP capable and wireless carriers as well as a Federal cost recovery mechanism for thousands-block pooling. In addition, this Order addresses other numbering optimization measures including service-specific and technology-specific area code overlays.
4 Id. at ¶48.
5 Id. at ¶64.
6 Id.
7 See footnote 2, supra.
8 To be able to participate in thousands-block pooling a carrier must be LNP-capable. See Report and Order and Further Notice of Proposed Rulemaking in the Matter of Numbering Resources Optimization, CC Docket No. 99- 200, 15 FCC Rc'd 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. Consequently, all LNP-capable carriers 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 expand the life of an NPA. Service providers who cannot participate in a pool would continue to receive NXX codes from the code administrator in 10,000 blocks.
9 Implementation of Number Conservation Measures Granted to Pennsylvania by the Federal Communications Commission in its Order Released July 20, 2000--Thousands-Block Pooling, Docket Nos. P-00961027FO002 and M-00001427 (Order entered July 19, 2001) at 6.
10 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). Petition of Cricket Communications, Inc. for Emergency Assignment of NXX Codes in the 412 Area, Docket Nos. P-00961027F0002 and M-00001427F0002 (Orders entered September 26 and October 25, 2001).
11 Request of Verizon Pennsylvania, Inc. for 1,000 Block of Telephone Numbers in the 412 Area Code, Docket Nos. M-00021635 and P-00961027F0002 (Order entered September 27, 2002); Request of the AT&T Communications of Pennsylvania, Inc. and TCG Delaware Valley, Inc., for Additional Blocks of Telephone Numbers in the 215 Area Code, Docket Nos. M-00021635F0002 and P-00961061F0002 (Order entered October 10, 2002); Request of Penn Telecom, Inc. for Additional Blocks of Telephone Numbers in the 412 Area Code, Docket No. M-00021635F0003 and P-00961027F002 (Order entered October 24, 2002); and Request of AT&T Communications of Pennsylvania, Inc. and TCG Pittsburgh for Additional Two Blocks of 1,000 Telephone Numbers in the 717 Area Code, Docket Nos. M-00021635F0004 and P-00961071F0002 (Order entered November 22, 2002).
12 The customer has requested that a particular NXX code be assigned to it to have all 10,000 numbers used for direct inward dialing and abbreviated dialing between its facilities.
13 The FCC directs that all service providers required to participate in thousands-block number pooling shall donate thousands-blocks with less than 10% contamination to the thousands-block number pool for the rate center within which the numbering resources are assigned. 52 CFR 52.20(c)(1).
14 Previously, this Commission has directed NANPA's Code Administrator to accelerate the LERG effective date for specific NXX codes so that a carriers numbering needs are met on a timely basis. Petition of Cricket Communications, Inc. for Emergency Assignment of NXX Codes in the 412 Area Code, Docket Nos. P-00961027FOO02 and M-00001427FOO02 (Orders entered September 26 and October 25, 2002).
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 03-243. Filed for public inspection February 7, 2003, 9:00 a.m.]
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