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PA Bulletin, Doc. No. 05-526

NOTICES

Generic Investigation Regarding Virtual NXX Codes

[35 Pa.B. 1851]

Public Meeting held
March 3, 2005

Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Kim Pizzingrilli

Generic Investigation Regarding Virtual NXX Codes;
Doc. No. I-00020093

Interim Order

By the Commission:

   In August 2002, we initiated a generic investigation at this docket in order to consider the issue of VNXX codes given that the controversial practice, among other things, could have an adverse impact on Pennsylvania efforts to conserve numbering resources and prevent avoidable area code relief. As part of the generic investigation, interested parties filed comments addressing 13 specific questions related to the use of VNXX codes and also regarding what intercarrier compensation regime should apply to such arrangements. The Office of Administrative Law Judge conducted the generic investigation. The notice regarding the generic investigation was published October 19, 2002, at 32 Pa.B. 5240.

   The generic investigation culminated with the issuance of an Investigation Report on February 9, 2004, as directed by the Commission. The Investigation Report outlined the parties' positions regarding the legality of VNXX service in Pennsylvania and the intercarrier compensation regime that should apply to such arrangements. By an Order entered May 24, 2004, the Commission released the Investigation Report to the public. The Commission did so in light of the fact that the Investigation Report was a valuable educational tool regarding the usage of VNXX codes in Pennsylvania. However, since the Investigation Report was not dispositive of the issues surrounding VNXX, the May 24, 2004 Order also directed the Law Bureau, in conjunction with the Bureau of Fixed Utility Services, to submit a recommendation indicating whether any regulatory or policy changes regarding VNXX service needed to be implemented by the Commission.

   In accordance with the May 24, 2004 Order, Staff initiated its review of the Investigation Report. In the meantime, Act 183, P. L. 1398, 66 Pa.C.S. §§  3011, et. seq. (Act 183) became effective on December 1, 2004. Act 183 enacts an amended version of the original Chapter 30 which provided for the regulatory reform of the telephone industry in Pennsylvania. Moreover, the Commission notes that recently the Federal Communications Commission (FCC) has taken action in a proceeding1 in which it is currently considering what, if any, intercarrier compensation regime is appropriate for emerging technologies, including Internet access on the public switched network.

   In light of the enactment of Act 183, the Commission seeks input from interested parties regarding any possible implications that Act 183 may have on the issue of VNXX arrangements. Additionally, the Commission seeks input from interested parties on the potential impact of the recent action taken by the FCC in its intercarrier proceeding. The additional comments on these particular topics will assist the Commission in reaching a final determination on the use of VNXX arrangements in Pennsylvania. However, we advise interested parties to limit their comments to address only the two topics outlined above and not to reiterate any of the same positions or arguments submitted previously in the Generic Investigation; Therefore,

   It Is Ordered That:

   1.  The Commission hereby requests comments on the possible impact, if any, that Act 183, P. L. 1398, 66 Pa.C.S. §§ 3011, et. seq. and the Federal Communications Commission's recent action in the proceeding, Matter of Developing a Unified Intercarrier Compensation Regime proceeding at CC Docket No. 01-92, might have on: (a) the use of virtual NXX codes; and (b) on the applicable intercarrier compensation regime for virtual NXX arrangements.

   2.  A copy of this Interim Order be published in the Pennsylvania Bulletin and interested parties file comments within 30 days of publication. Comments shall be limited to the issues outlined in Ordering Paragraph No. 1.

   3.  Interested parties identify their comments as filed at Docket No. I-00020093 and their comments should be addressed to James J. McNulty, Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.

   4.  A copy of this Interim Order shall be served upon all parties who filed comments in the proceeding and published on our website.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-526. Filed for public inspection March 18, 2005, 9:00 a.m.]

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1  See In the Matter of Developing a Unified Intercarrier Compensation Regime, Notice of Proposed Rulemaking, CC Docket No. 01-92, 16 FCC Rcd 9610 (2001).


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