308 Interim order?

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Public Meeting held January 28, 2010

[40 Pa.B. 951]
[Saturday, February 13, 2010]

Interim Order

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Kim Pizzingrilli; Wayne E. Gardner; Robert F. Powelson

Relief Plan for the 814 NPA; Doc. No. P-2009-2112925

By the Commission:

 On June 9, 2009, the North American Numbering Plan Administrator NeuStar, Inc. (NANPA), in its role as the neutral third party NPA Relief Planner for Pennsylvania,¹ acting on behalf of the Pennsylvania telecommunications industry (industry) filed a petition with the Commission requesting approval of its plan for the 814 Numbering Plan Area (NPA or area code). According to the petition, the industry reached a consensus² to implement an all services distributed overlay for the geographic area covered by the 814 NPA which would create a new area code to service the area. Currently, the 814 NPA is projected to exhaust all available NXX codes³ during the third quarter 2012.

 Because the Commission has the ultimate authority to approve or reject a relief plan,⁴ we entered an order on July 29, 2009, at the above docket number seeking comments on the industry's proposed relief plan. Comments by interested parties were due by September 8, 2009. Reply comments were filed by September 28, 2009. The Commission received comments from Representative Metzger, the Office of Consumer Advocate, residents within the 814 NPA and the industry. Several of these commenters requested that the Commission schedule public input hearings to further discuss the situation in the 814 NPA before rendering a final order on the industry consensus relief plan.

 The Commission agrees that public input hearings would be a useful tool to help make this difficult decision. Therefore, the Commission hereby directs that the record in this matter will be re-opened for the purpose of accepting public input in the form of testimony related to the form of relief for the 814 NPA. The locations and times for the public input hearings are set forth in Attachment A to this order. An administrative law judge has been assigned to this matter for the purpose of facilitating the hearings. A transcript of the hearings will be made and then certified to the Commission which will make the final decision on this matter.

 Participants in these hearings are reminded that the Federal Communications Commission (FCC) has significantly diminished the Commission's authority when deciding area code relief issues and has required the Commission to implement area code relief in a timely manner.⁵ Therefore, the Commission can only accept testimony related to the form of relief⁶ that should be implemented in the 814 NPA.

 Finally, the Commission remains committed to the competitive process in the telephone industry and stands firmly resolved to ensure that all telecommunications carriers have adequate numbering resources so as to compete in the rapidly growing telecommunications marketplace in Pennsylvania. Reopening the record to receive public input will not preclude customers from receiving telecommunications services from providers of their choice because of a lack of numbering resources as the current relief plan proposed by the industry allows nineteen months for full implementation of the new NPA. The Commission's past experience with area code overlays is that they have been fully implemented within as little as six months. Therefore, temporarily delaying the current implementation schedule will not compromise the ability of area code relief to be implemented in the 814 NPA on a timely basis.

 The policy of the Commission is to ensure that numbering resources, including area code relief planning, 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; Therefore,

 It is Ordered That:

 1. The record in this proceeding shall be reopened for the limited purpose of accepting public input in the form of testimony at the public hearings as scheduled in Attachment A to this order.

 2. The Secretary's Bureau shall publish a copy of this order and the public notice setting forth the time, place and subject of the public input hearings in the Pennsylvania Bulletin.

 3. A copy of this order shall be posted on the Commission's web site at http://www.puc.state.pa.us.

 4. A copy of this order shall be served to upon all the parties of record and upon the Office of Administrative Law Judge.

By the Commission,

JAMES J. McNULTY, 
Secretary

Attachment A

Petition of North American
Numbering Plan Administrator

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.

Public Input Hearing Notice

 This is to inform that Public Input Hearings on the previously-captioned case will be held as follows:

Type:	Public Input Hearing
Date:	Monday, February 22, 2010 at 6 p.m. Ramada Inn Ballroom C 1 Sheraton Drive Altoona, PA 16601
	Tuesday, February 23, 2010 at 6 p.m. Richland Township Events & Conference  Center 176 Mount Airy Drive Johnstown, PA 15904
	Wednesday, February 24, 2010 at 6 p.m. Ramada Inn Grand Ballroom 1450 South Atherton Street State College, PA 16801 (Administrative Law Judge David A. Salapa  will preside)
	Thursday, February 25, 2010 at 6 p.m. Quality Inn & Suites 8040 Perry Highway Erie, PA 16509
	Thursday, March 4, 2010 at 6 p.m. Somerset Fire Company 340 West Union Street Somerset, PA 15501
Presiding:	Administrative Law Judge Katrina  Dudnerdale Piatt Place 301 Fifth Avenue Room 220 Pittsburgh, PA 15222 telephone: [phone] fax: [phone]

 Persons with a disability, wishing to attend the hearing, we may be able to make arrangements for special needs. Call the scheduling office at the Pennsylvania Public Utility Commission at least 5 business days prior to the hearing to submit a request.

 For those requiring an interpreter to participate in the hearings, we will make every reasonable effort to have an interpreter present. Call the scheduling office at the Public Utility Commission at least 10 business days prior to the hearing to submit a request.

 • Scheduling Office: [phone]

 • AT&T Relay Service number for persons who are deaf or hearing-impaired: [phone]

[Pa.B. Doc. No. 10-308. Filed for public inspection February 12, 2010, 9:00 a.m.]

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¹  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. The Industry Numbering Committee Guidelines provide that, when an area code is nearing exhaustion, the NANPA, which then becomes the NPA Relief Planner, convenes a meeting of the industry to discuss relief alternatives. NPA Code Relief Planning & Notification Guidelines, INC97-0404-016, reissued Nov. 8, 1999, at § 5.5. If the industry reaches a consensus, then its consensus plan is filed with the Commission and the Commission has an opportunity to take action at that point. NPA Code Relief Planning & Notification Guidelines, INC97-0404-016, reissued Nov. 8, 1999, at § 5.6.

²  A consensus is established when substantial agreement has been reached. Substantial agreement means more than a simple majority, but not necessarily unanimity. CLC Principles and Procedures, May 1998, at § 6.8.8.

³  NXX codes are the three digits following an area code. Hence, in 814-555-1212, 814 is the NPA and 555 is the NXX code. The unavailability of numbering resources and the need for new area codes occurs for several reasons. For example, more carriers are competing in the telecommunications market and to compete they require numbers to offer their customers.

⁴  47 CFR § 52.19 and NPA Code Relief Planning & Notification Guidelines, INC 97-0404-016, reissued Nov. 8, 1999, at § 2.10.

⁵  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.

⁶  Pursuant to FCC regulations, new area codes can be introduced to relieve the shortage of numbers in an area code through the use of the following three methods:
 a. A geographic area code split, which occurs when the geographic area served by an area code is split into two or more geographical parts;
 b. An area code boundary realignment, which occurs when the boundary lines between two adjacent area codes are shifted to allow the transfer of some numbers from one area code to the other;
 c. Area code overlay, which occurs when a new area code is introduced to serve the same geographic area as an existing area code. 47 CFR § 52.19(c)(1)-(3).