NOTICES
Petition of the North American Numbering Plan Administrator on Behalf of the Pennsylvania Telecommunications Industry for Approval of Numbering Plan Area Relief Planning for the 814 Numbering Plan Area
[42 Pa.B. 2573]
[Saturday, May 12, 2012]Public Meeting held
April 26, 2012Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson, statement follows; Wayne E. Gardner; James H. Cawley; Pamela A. Witmer
Petition of the North American Numbering Plan Administrator on behalf of the Pennsylvania Telecommunications Industry for Approval of Numbering Plan Area Relief Planning for the 814 NPA; Doc. No. P-2009-2112925
Order By the Commission:
In this order, the Commission revisits the issue of the implementation of area code relief in the 814 Numbering Plan Area (NPA) or area code and the numerous petitions for reconsideration filed at the above-captioned docket. The most recent numbering data concerning the 814 NPA demonstrates that this area code has experienced a significant decrease in the demand of numbering resources since the filing of the area code relief petition. The latest projected forecast for the exhaustion of the 814 area code, which was released in March 2012, is now the second quarter of 2018, which is more than five years away. Accordingly, the Commission orders the rescission of the implementation of the geographic split for the 814 NPA and dismisses the 814 area code relief petition filed on June 9, 2009.
Background
Much of the information leading to the current area code relief process for the 814 NPA can be found in prior Commission orders. Nevertheless, because of the action we are taking today in regards to the 814 NPA, we will reiterate the pertinent portions of the past and present area code relief efforts for the 814 NPA.
History of the 814 NPA
The 814 area code is one of Pennsylvania's original four area codes. It was established in 1947. The geographic area covered by the 814 area code generally comprises the central portion of the state. The 814 NPA extends in a northerly direction to the borders of the state of New York, in a westerly direction towards the borders of the state of Ohio, and in a southerly direction to the borders of the state of Maryland. The 814 NPA is divided into 178 rate centers which encompass twenty-six counties and includes such cities as State College, Altoona, Johnstown, Somerset and Erie.
A. Initial Area Code Relief Efforts for 814 NPA
Relief planning for the 814 area code initially began in 2002 when the 2001 Number Resource Utilization Forecast (NRUF) and NPA Exhaust Analysis June 1, 2001 Update (2001 NRUF Report)1 indicated that the 814 NPA would exhaust during the first quarter of 2005. Consequently, the telecommunications industry met on March 21, 2002, in Pittsburgh, Pennsylvania, to discuss the five relief alternatives2 that were set forth in the Initial Planning Document (IPD) that NANPA had distributed to them pursuant to the NPA Relief Planning Guidelines.
At this March 21st meeting, the participants discussed the attributes of the relief alternatives and reached consensus to recommend an all-services distributed overlay plan, as the preferred method of relief for the 814 NPA. The all-services distributed overlay, would superimpose a new NPA over the same geographic area covered by the existing 814 NPA. All existing customers would retain the 814 area code and would not have to change their telephone numbers. Consistent with Federal Communications Commission (FCC) regulations, the relief plan would require 10-digit dialing for all local calls within and between the 814 NPA and the new NPA. The Industry further recommended that calls between NPAs be dialed using 1+10-digits and 0+10 dialing for operator assisted calls. Lastly, Industry participants reached consensus to recommend to the Commission a thirteen-month schedule for implementation of the overlay.
B. Impact of Number Conservation Measures on the Initial Area Code Relief Process in the 814 NPA
Due to the implementation of the number conservation measure 1,000-block (1K) number pooling3 in the 814 area code, the 814 area code experienced an unprecedented, efficient use of its numbering resources, which, in turn, lengthened the life expectancy of the 814 area code. The Industry acknowledged the disruption to customers caused by changes in their area code, especially when implementing such area code relief is no longer necessary. Consequently, the Industry decided to delay filing the petition for relief until such time that future NRUF reports indicated a more immediate need.
C. Re-initiation of the Area Code Relief Process in the 814 NPA
Subsequently, the April 2009 NRUF Report indicated that the 814 NPA was projected to exhaust all of its available NXX codes during the third quarter of 2012. After the release of the April 2009 NRUF Report, the Industry met via conference call to re-initiate the 814 area code relief process and decided to file an updated petition for relief with the Commission recommending the same relief as before, an all-services distributed overlay. That petition was filed with the Commission on June 9, 2009. The FCC's regulations4 provide for certain options when an area code is determined to exhaust or run out of NXX codes.5 The June 2009 Petition included five options for area code relief but only two of those alternatives were in accordance with industry guidelines.6 The FCC's regulations direct that the states are to provide timely area code relief by one of several options but the most common and workable methods are geographic splits and overlays.
D. Implementation of Geographic Split of the 814 NPA
By Order entered July 29, 2009, the Commission denied the Industry's recommendation and requested written comments from interested parties on the five relief alternatives that had initially been presented by Neustar to the telecommunications industry at the March 21, 2002 meeting. Thereafter, by an Order entered January 28, 2010, the Commission scheduled five public input hearings in various cities located throughout the 814 NPA to receive comments and discuss the relief alternatives.7
In the meantime, the October 2010 NRUF Report indicated that the 814 NPA was now projected to exhaust its remaining supply of telephone numbers by the first quarter of 2013. The Commission believed that this change in the projected forecast date for the 814 NPA was due in part to our efforts to implement mandatory 1K number pooling statewide.8 Nonetheless, in accordance with the FCC's directives and industry guidelines, we determined we must continue with this instant area code relief process.
Consequently, by Order entered December 17, 2010, at the above-captioned docket, the Commission, pursuant to the authority9 delegated to it by the FCC, determined that area code relief was still necessary for the 814 NPA. Accordingly, the Commission chose one of the two workable solutions presented to it by Neustar and the telecommunications industry in its June 2009 Petition—a geographic split.10
Additionally, the Commission directed that all network preparation for the implementation of the geographic split of the 814 area code be completed no later than February 1, 2012, at 12:01a.m (EST). The Commission had determined this timeframe was sufficient for telecommunications carriers and alarm companies to prepare their individual networks and systems in preparation of the new area code. Additionally, when introducing a new area code, there is an adjustment period commonly known as a permissive dialing period. Therefore, the Commission further directed that the permissive dialing period would not commence before February 1, 2012, which is the activation date of the new area code.
E. Petitions of Reconsideration Against the Decision to Implement a Geographic Split of the 814 NPA
In response to its December 17th Order, the Commission received over forty petitions for reconsideration from residents and businesses located within the 814 area code.11 Because of the level of concern articulated in those petitions, by Order entered January 13, 2011, the Commission granted the petitions for reconsideration, pending review of the merits.
Additionally, by separate action, the Commission reopened the record for further evidentiary and public input hearings.12 The Commission believed that allowing additional evidentiary hearings would assist in gathering the information needed to review the merits of the various petitions for reconsideration including the further need and implementation of area code relief in the 814 NPA. As a result, the Commission directed the Office of Administrative Law Judge (OALJ) to schedule at least one technical conference and any others, as appropriate, throughout the region of the 814 NPA to develop the record on any technical impediments to a geographic split and to further develop record evidence of the economic impact of both the geographic split and overlay options presented in the June 2009 Petition.13
The Commission also determined that there was a great need for all participants to fully understand the possible area code relief options that are available to the Commission in accordance with FCC regulations and industry guidelines. Thus, in addition to gathering additional evidentiary information, the Commission contemplated that further public input hearings would serve to educate all participants and to determine the least disruptive option concerning area code relief for the 814 NPA.14 Furthermore, in an effort to ensure that new area codes are not introduced prematurely, the Commission directed the Law Bureau and the Bureau of Fixed Utility Services Staff15 to provide monthly updates on projected exhaust dates for the 814 NPA and information concerning the exhaust status of the 814 NPA. Subsequently, the Commission requested Neustar to submit more recent information concerning the projected exhaust status of the 814 area code for its review. As a result of this request, Neustar performed a delta NRUF of the 814 area code, the result of which were provided to the Commission on February 18, 2011.
F. Suspension of the Timeline for the Implementation of Geographic Split of the 814 NPA
The delta NRUF16 performed by Neustar indicated that the current projected exhaust date for the 814 area code has been revised to the first quarter of 2015 instead of the first quarter 2013, which is an increase of approximately four years from the initial projection given in 2009. Given this new information regarding the projected exhaust date for the 814 NPA, the Commission determined that the immediacy for the implementation of timely area code relief in the 814 area code had diminished. Thus, by Order entered March 17, 2011, the Commission indefinitely suspended the timeline for the implementation of the geographic split for the 814 area code.
The Commission determined that, by suspending the timeline for implementation, affected carriers would not have to commence network modifications and residents and businesses would not have to endure new dialing patterns prematurely. However, since the projected exhaust date for the 814 area code was still too close to the mandatory three-year time frame set forth by the NPA Code Relief Planning Guidelines17 (INC Guidelines) to implement timely area code relief when the supply of numbers is depleting rapidly, the Commission determined that it would be premature to rescind its initial decision to implement timely area code relief for the 814 NPA. Accordingly, the Commission determined that it had no choice but to continue to move forward with its implementation of area code relief pending review of information concerning the exhaust status of the 814 NPA and the impact of mandatory thousands block number pooling18 in the area code.
G. Release of October 2011 NRUF data
In accordance with the federal numbering procedures, the October 2011 NRUF data, which contains the updated projected forecasts for the exhaustion of the Pennsylvania area codes, including 814, was released by the FCC. Based on the new data, the forecasted exhaust dates for the 814 area code has been extended from the previously reported date of the first quarter of 2015 to the first quarter of 2016. By a Secretarial letter dated January 11, 2012, the Commission determined that it was premature to dismiss the petition for area code relief in 814 at that time. Nevertheless, the Commission also determined the immediacy for the implementation of timely area code relief in the 814 area code continues to diminish and; accordingly, stated that the status quo for the area code relief effort for the 814 NPA would remain intact, i.e., the suspension of the implementation of the area code relief would remain in place. Lastly, the Commission stated that upon the release of the latest NRUF data in April 2012, it would revisit the issue of the implementation of area code relief in the 814 NPA and if need be, also address the numerous petitions for reconsideration filed at the above-captioned docket at an upcoming regularly scheduled Public Meeting.
H. Release of March 2012 Delta NRUF Data
On March 9, 2012, Neustar released modifications that had been made to the previously projected NPA exhaust dates set forth in the October 2011 NPA exhaust analysis. This data indicates that the exhaust date for the 814 NPA has been extended from the previously reported date of the first quarter of 2016 to the second quarter of 2018, which is more than five years away.
Discussion
Pursuant to the FCC-approved INC Guidelines, the NANPA is charged with the responsibility of predicting the expected exhaust period for an area code by analyzing the historical growth data available for the NPA as well as any expected changes to the NXX demands in the future.19 As previously stated, once the NANPA projects the exhaust date for the NPA to occur within 36 months, the INC Guidelines state that NANPA is required to prepare relief options and to conduct industry meetings with the goal of reaching industry consensus regarding the form of relief for the NPA.
However, if during the period after the NANPA has filed an industry relief plan but prior to regulatory approval of that plan it is determined that the NPA will not exhaust in the next five years, a relief plan may be withdrawn.20 Also, the INC Guidelines allow a state commission to dismiss the relief plan when the regulatory body determines that area code relief is no longer needed.21 Under the INC Guidelines, a state commission can end the relief planning process even after the issuance of a prior order implementing area code relief.
In March 2012, the NANPA revised the projected exhaust date for the 814 NPA to the second quarter of 2018 or approximately six years from now. Accordingly, since the new projected exhaust date of the 814 area code is over five years out, we believe that area code relief is no longer needed and that there is good cause to dismiss the NANPA's petition for approval of its relief plan in the 814 NPA. We dismiss the petition pursuant to our delegated authority over NPA relief. 47 C.F.R. § 52.19(c)(3)(ii). Furthermore, we note that independent state law permits the Commission to rescind or amend any order made by it after notice and opportunity to be heard.22
Since the filing of the June 9, 2009 area code relief petition, the 814 NPA has experienced a significant decrease in the demand for numbering resources and an efficient use of numbering resources due in large part to the implementation of mandatory number pooling within a majority of the rate centers within the 814 NPA. From June 2009, when the area code relief petition was filed for the 814 NPA, through November 2011, which is approximately 30 months, an average of 0.400 codes per month were assigned. However, there have been only a total of two NXX codes assigned over the past twelve months. The average quantity of NXX codes assigned to carriers over the past twelve months is 0.1667 codes per month. We believe that the decrease in code demands and subsequent code assignments will continue in the 814 area code.
Furthermore, according to information on the NANPA's website,23 as of March, 2012, there were approximately 81 full NXX codes still available for assignment to carriers in the 814 NPA. Moreover, in addition to the full NXX codes available for assignment in the 814 NPA, there are approximately 2158 individual 1K blocks of telephone numbers still available for assignment in the 814 NPA according to the Pooling Administrator's data. Clearly, there are adequate numbering resources available to the telecommunications carriers providing service in the 814 NPA.
More importantly, the April 2012 biennial NRUF data shows that the average utilization rate24 for the total NXX codes assigned in the 814 NPA is 34%. This means that the telecommunications carriers still have the ability to assign many more numbers from their current inventories in order to meet customer demand.
The current numbering data clearly demonstrates that both the decrease in demand and the number conservation measures implemented and utilized by the Commission within the 814 NPA have resulted in the availability of adequate numbering resources for telecommunications carriers providing service in the 814 NPA. This fact is evident by the changes in the projected exhaust date of the 814 NPA from the date the petition for area code relief for the 814 NPA was filed with the Commission in June 2009. The initial projected exhaust date for the 814 NPA, which was based upon the April 2009 NRUF data, was the first quarter of 2012. The latest projection from the March 2012 Delta NRUF data is the second quarter of 2018, which is a substantial increase of twenty-six quarters overall (or approximately 6.5 years). The 814 NPA will not be approaching exhaustion of their numbering resources in the near future.
Pursuant to our December 17th Order, we directed the implementation of area code relief—a two-way geographic split of the 814 NPA; however, we are rescinding that action based upon the latest projected exhaust date for the 814 NPA. Additionally, we received numerous petitions for reconsideration against that particular decision. In a previous order in this docket, we granted the numerous petitions for reconsideration filed against that decision, pending review of the merits, and scheduled technical conferences and additional public input hearings to receive evidence regarding whether to reconsider our decision to geographically split the 814 area code.
The Commission would like to express its sincere thanks to those that submitted written comments in this proceeding and to those who attended and participated in the public input hearings and technical conferences to offer their concerns and suggestions regarding which form of area code relief the Commission should implement for the 814 area code. It is well settled that we are not required to consider expressly or at length each contention or argument raised by the parties in their petitions for reconsideration. Consolidated Rail Corp. v. Pa. PUC, 625 A.2d 741 (Pa. Cmwlth. 1993); also see, generally, University of Pennsylvania v. Pa. PUC, 485 A.2d 1217 (Pa. Cmwlth. 1984). In any event, we are denying the petitions for reconsideration as they are all moot based upon our decision today.25
Conclusion
We note that in a previous order in this docket, we stated that we would continue to diligently monitor NXX code activity and the projected exhaust date for the 814 NPA. Based on our analysis of the current numbering resources available in the 814 area code, adequate resources exist for carriers to receive numbers in a timely fashion. Nevertheless, we encourage the industry and the NANPA to work together with the Commission to ensure the efficient use of our finite numbering resources in the 814 area code so that new area codes are not unnecessarily opened in the Commonwealth. The policy of the Commission is to ensure that numbering resources are made available on an equitable, efficient and timely basis in Pennsylvania 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 have resulted in a significant decrease in the demand of NXX codes in the 814 NPA. As a result, telecommunications carriers have adequate numbering resources available to them and, thus, the implementation of an all services distributed overlay as the appropriate form of area code relief in the 814 NPA is no longer immediately necessary; Therefore,
It Is Ordered That:
1. The June 9, 2009 petition filed by Neustar with the Commission on behalf of the Pennsylvania telecommunications industry at the above-docket for approval of its relief plan for the 814 area code is hereby dismissed.
2. The December 7, 2010 Order, implementing a geographic split as the form of area code relief for the 814 NPA and adopting the previous implementation schedule for the 582 and 814 NPAs is hereby rescinded.
3. The petitions for reconsideration filed at the above-captioned docket are denied as moot, consistent with this Opinion and Order.
4. The North American Numbering Plan Administrator shall reclaim the 582 NPA and return it to the pool of available area codes within the North American Numbering Plan and place it in ''reserved'' status.
5. A copy of this order shall be sent to the North American Numbering Plan Administrator.
6. A copy of this order shall also be published in the Pennsylvania Bulletin and posted on the Commission's website.
ROSEMARY CHIAVETTA,
Secretary
Statement of Vice Chairperson John F. Coleman, Jr. In the end, the regulatory process worked here, and I am obviously pleased that we were able to dismiss the area code relief petition in the 814 NPA. Since the last update in October 2011, the new projected exhaust date for 814 has moved back over two years to the second quarter of 2018, which is six years away. This is certainly great news, as I recognize that any form of area code relief has an impact on the industry and the public. Today's action certainly helps minimize that impact.
As stated in the Commission's order, the 814 area code has experienced a significant decrease in the demand for numbering resources and has experienced a more efficient use of telephone numbers since the filing of the area code relief petition in June 2009. In particular, number conservation efforts such as 1,000-block pooling have helped prolong the life of the 814 area code to reach the point where we are today, which is a dismissal of the 814 relief petition. Our number conservation efforts will continue, and we expect the decrease in code demands to also continue in 814. Nevertheless, the Commission will continue to diligently monitor NXX code activity and projected exhaust data for 814.
The public input process established after petitions for reconsideration were filed sought to provide interested parties with another meaningful opportunity to be heard in this matter and was to aid the Commission in making a fully informed decision. I want to thank the public for participating and for providing good information that would have been critical in deciding the appropriate form of area code relief. I also want to thank the public for its patience while this process unfolded. As we previously cautioned, there was no guarantee that the updated exhaust data would show adequate numbering resources in 814 to discontinue area code relief, even though the exhaust data trending was favorable. Fortunately, for all parties involved, adequate numbering resources are projected to exist for the foreseeable future, and area code relief is no longer needed in 814 at this time.
JOHN F. COLEMAN, Jr.,
Vice Chairperson
[Pa.B. Doc. No. 12-883. Filed for public inspection May 11, 2012, 9:00 a.m.] _______
1 Federal rules that went into effect on July 17, 2000, require all carriers to report to the NANPA their historical and forecast utilization data. 47 C.F.R. § 52.15(f). These reports are made semi-annually and are referred to as the ''NRUF Reports.'' Using this data, along with the rate of assignment of NXX codes in the NPA, the NANPA predicts the exhaust date for all NPAs in its NPA Exhaust Analysis. These reports can be found at www.nanpa.com.
2 The IPD contained descriptions, maps, general facts and assumptions, and the projected lives of a total of five relief alternatives consisting of three two-way geographic split alternatives, referred to in the IPD as Alternatives #1, #2 and #5, an all-services distributed overlay relief alternative, referred to as Alternative #3 and a technology specific overlay, referred to as Alternative #4.
3 Thousand-block number pooling is the process by which a 10,000 block of numbers is separated into ten sequential blocks of 1,000 numbers and allocated separately to providers within a rate center.
4 See 47 C.F. R. § 52.19.
5 An NXX code is a 10,000 block of telephone numbers assigned to a particular rate center. Currently, thousands block pooling permits a block of 10,000 numbers to be separated into ten sequential blocks of 1,000 numbers and allocated to different providers within a rate center.
6 The NPA Relief Planning Guidelines can be accessed on the ATIS website located at http://www.atis.org. NANPA and the industry utilize the NPA Relief Planning and Notification Guidelines in the planning and implementation of area code relief efforts.
7 The public input hearings were held in the cities of Altoona, Johnstown, State College, Erie and Somerset.
8 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 (Order entered June 3, 2010).
9 Section 251(e) of the Telecommunications Act of 1996, 47 U.S.C. § 251(e).
10 As a result of its decision to implement a geographic split, NANPA informed the Commission that ''582'' will be assigned as the new area code for portions of the current 814 area code east of Jefferson, Elk and McKean counties. The boundary runs in a north/south direction east Singlehouse, Wilcox, Kersey, Dubois and Sykesville rate centers.
11 Petitions for Reconsideration were received from the following: Honorable State Representative Kathy Rapp, Velocity.Net Communications, Inc., Core Communications, Inc. and the Honorable State Senator Mary Jo White, Coaxial Cable Television, the Honorable State Representative Brad Roae, the Honorable Mayor Joseph E. Sinnott, Daniel H. Miller, Debbie Richardson, Alice M. Swavey, Ann DiMarco, Carol Storch, Carl Bradshaw, Charmaine Koehler-Lodge, Dana Swavey, DLF Associates, Donna Rosenquest, Douglas Lodge, Carol Flak, Jane Gable, Keystone Metal Center, Lois and Charles Griggs, Paris Brothers and Company, Inc., James and Janet Kelso, Jared A. Daly, Jim and Laura Faith Bock, Christopher and Donna Keller, Kenneth C. Springirth, Debra Leasure, Marijac Embroidery, Marjorie Sipos, Manufacturer and Business Association, Memory Lane Jewelers, McCarthy, Martone, & Peasley, Janice Y. Patton, Robert B. Mooney, Jr's Last Laugh, Robert and Maryann Martin, Ruth and John Jackson, Clayton Schulze, Dr. Richard Teubert, The Victor Group Inc., Janice Thomas, Troy McFate, Waldameer Park Inc., William E. Terrell, Michael Cooper, Douglas Boldt and Save814.com, Epic Web Studios LLC, Global Insurance and Investments, Inc., Mary Humes, Robert and Carol Keller, Memory Lane Jewelers, the Pennsylvania Office of Consumer Advocate, Verizon Pennsylvania, Inc., Verizon North LLC, MCImetro Access Transmission Services LLC d/b/a/ Verizon Access Transmission Services (collectively ''Verizon''), Verizon Wireless, AT&T Communications of Pennsylvania, LLC, TCG Pittsburgh, TCG Delaware Valley, Inc., and New Cingular Wireless PCS, LLC d/b/a/ AT&T Mobility (collectively ''AT&T''), T-Mobile Northeast LLC, and VoiceStream Pittsburgh (collective ''T-Mobile''), and Sprint Communications Company, L.P., Sprint Spectrum, L.P., Nextel Communications of the Mid-Atlantic, Inc. and NCPR (collectively ''Sprint''), Roger W. Stranahan, and William and Judith Bargar.
12 Petition of the North American Numbering Plan Administrator on behalf of the Pennsylvania Telecommunications Industry for Approval of Numbering Plan Area Relief Planning for the 814 NPA, Docket No. P-2009-2112925 (Order entered January 13, 2011).
13 The Commission held the technical conferences in State College and Erie.
14 The Commission held additional public input hearings in State College, Erie, Oil City, Bradford, Dubois, Punxsutawney, Somerset, Bedford, Altoona and St. Mary's.
15 The Bureau of Fixed Utility Services has been renamed the Bureau of Technical Utility Services.
16 The term ''delta NRUF'' connotes an NPA area code exhaust forecast that is performed outside its normal timing sequence.
17 These guidelines of the Industry Numbering Committee address NPA code relief planning activities. This includes the relief planning process, industry notification process and NANPA's responsibilities to affected parties and applicable regulatory authorities within the North American Numbering Plan area.
18 Mandatory thousands block number pooling had been implemented in the 814 NPA as recently as September 30, 2010.
19 See § 5.1 of the INC Guidelines.
20 Id. at § 5.11.
21 Id. at § 5.12.
22 66 Pa.C.S. § 703(g).
23 www.nanpa.com.
24 ''Utilization'' rate has been defined as the percentage of NXX codes assigned to end-users from the carriers total inventory of NXX codes within a NPA.
25 Nevertheless, we note for the record that the overwhelming testimony received at the public input hearings was in favor of rescinding the geographic split decision and implementing an overlay as the appropriate form of area code relief for the 814 area code. Residents and businesses located within the 814 area code testified that they preferred the implementation of the overlay as the form of area code relief because they believed that it was the least disruptive of area code relief. Additionally, at the technical conferences, the telecommunications carriers submitted testimony and evidence that the implementation of an overlay presented less technical complications and network issues compared to the implementation of a geographic split of an area code.
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