PENNSYLVANIA PUBLIC UTILITY COMMISSION Numbering Plan Relief Planning for the 570 NPA
[40 Pa.B. 4598]
[Saturday, August 7, 2010]Public Meeting held
July 15, 2010Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; John F. Coleman, Jr.; Wayne E. Gardner; Robert F. Powelson
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
570 NPA; P-2009-2117193Final Order By the Commission:
In this order, the Commission revisits the issue of area code exhaust1 and the implementation of relief to address such exhaust. On July 1, 2009, the North American Numbering Plan Administrator (''NANPA''), NeuStar, Inc. (Neustar), in its role as the neutral third party Numbering Plan Area (''NPA'') Relief Planner for Pennsylvania,2 acting on behalf of the Pennsylvania telecommunications industry (''industry'') filed a petition with the Commission requesting approval of its plan for the 570 Numbering Plan Area (''NPA'' or ''area code''). The Commission, therefore, is faced with deciding which form of area code relief should be implemented for the 570 area code and when the new area code must be added.
Background
A. Creation of the 570 Area Code
Much of the information leading to the establishment and implementation of the 570 area code can be found in prior Commission orders. Essentially, on June 28, 1996, the telecommunications industry asked the Commission to decide how to relieve the shortage of numbering resources in the original 717 area code as the industry could not reach a consensus.3 Accordingly, the Commission opened a docket at P-00961071 that ultimately led to the creation of the 570 area code on May 21, 1998.4 The 570 NPA was a geographic split5 of the original 717 area code and was activated on April 8, 1999. The geographic area covered by the new 570 area code is comprised of 21 north-central counties and includes the cities of Williamsport, Wilkes-Barre, Hazelton, Scranton, and Stroudsburg.
B. Dismissal of the First 570 Relief Plan
Neustar projected that the 570 NPA would have a life of approximately six years before the numbering resources would exhaust. Nevertheless, on May 4, 2000, or approximately one year later, the Commission was notified that relief planning for the 570 NPA was necessary yet again. According to the NANPA, the projected exhaust date for the 570 area code was now the first quarter of 2002.6 Accordingly, a 570 NPA Relief Meeting was held on June 1, 2000, where the industry reached a consensus7 to implement an all-services distributed overlay for the 570 area code with implementation of this overlay to begin on October 2, 2000.
On July 19, 2000, NeuStar filed the petition with the Commission requesting approval of its relief plan to implement an overlay for the geographic area covered by the 570 NPA (''July 19th Petition''). After receipt of this petition, the Commission requested comments from interested parties on the July 19th Petition and scheduled public input hearings regarding what type of relief should be implemented in the 570 NPA and when this relief should be implemented.
During the course of its deliberations regarding the July 19th petition, the Commission had received from the Federal Communications Commission (''FCC'') the authority to implement such number conservation measures as 1,000-block number pooling8 and NXX code reclamation9 in the 570 area code.10 Furthermore, the FCC had mandated that all wireless carriers participate in pooling as of November 24, 2002.11 Thus, wireless carriers began participating in Pennsylvania's mandatory pools, including the pool in 570. As a result of the implementation of these various number conservation measures, the 570 area code experienced an unprecedented, efficient use its numbering resources, which, in turn, lengthened the life expectancy of the 570 area code.
In May of 2003, the NANPA, after taking into account the effects of the number conservation measures, revised the projected exhaust date for the 570 NPA to the third quarter of 2008. A relief plan may be withdrawn prior to its approval if it is determined that the NPA will not exhaust in the next five years.12 Accordingly, by Order entered August 1, 2003, at P-00961071F002, the Commission concluded that the data on which the 570 relief plan had been filed was outdated and that the various number conservation measures that had been implemented had resulted in more numbers becoming available in the 570 area code. Consequently, the Commission determined that there was good cause to dismiss the July 19th Petition.
C. Current 570 Relief Plan
On March 30, 2009, the NANPA again notified the Industry and the Commission that it needed to meet to discuss relief alternatives for the 570 NPA. According to the April Number Resource Utilization Forecast (''NRUF'') and NPA Exhaust Analysis April 24, 2009 Update (''2009 NRUF Report''),13 the 570 NPA was projected to exhaust all available NXX codes during the third quarter 2011. Further, the 570 NPA was declared to be in jeopardy on April 1, 2009.14
The Industry met via conference call May 27, 2009, to discuss various relief alternatives proposed by the NANPA. At this meeting, the NANPA proposed four relief alternatives to alleviate the situation in the 570 NPA. Two of the proposed relief alternatives were two-way geographic splits and the other two were all-services distributed overlays. The industry reached a consensus to recommend an all-services distributed overlay as the form of relief for the 570 NPA for several reasons.
On July 1, 2009, NeuStar filed a petition with the Commission requesting approval of this plan for the 570 Numbering Plan Area (''NPA'' or ''area code'').15 According to the petition, the industry reached a consensus to implement an all services distributed overlay for the geographic area covered by the 570 NPA which would create a new area code to service the area. By an Order entered July 29, 2009, the Commission denied the industry's recommendation and requested written comments from interested parties on the four relief alternatives that had initially been presented by Neustar to the telecommunications industry. Thereafter, by an Order entered December 23, 2009, the Commission scheduled five public input hearings in various cities located throughout the 570 NPA.16
The Commission has reviewed the written comments and the transcripts of public input hearings regarding which form of area code relief should be implemented upon exhaust of the 570 NPA and the timeframe for the implementation. 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 offered their concerns and suggestions regarding which form of area code relief the Commission should implement for the 570 area code. The Commission has taken all of this into consideration in resolving the question of area code relief for the 570 area code.
Discussion
When the supply of numbers available within an NPA, or area code, 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. Pursuant to Section 251(e) of the Act, 47 U.S.C. § 251(e), the FCC delegated authority to state commissions to direct the form of area code relief in such situations.
The FCC has adamantly maintained that state commissions cannot engage in number conservation measures to the exclusion of, or as a substitute for, timely area code relief.17 Therefore, when Pennsylvania's area codes are about to exhaust their supply of NXX codes, the Commission must implement timely area code relief, i.e., add a new area code. When faced with the need to implement new area codes, the Commission must decide two very important issues. First, the Commission must decide how to implement the new area code (i.e., a geographic split or an overlay). Second, the Commission must determine when the new area code needs to be implemented.
When confronted with resolving area code exhaust and implementing area code relief, state commissions generally have the ability to use four viable options to introduce a new area code. However, the two most common methods of introducing new area codes are the geographic split or an overlay. Both of these options have their advantages and drawbacks. We note that local calling areas do not change no matter which method of area code relief is implemented.
With a geographic split, the geographic area covered by the existing area code is split into two smaller sections. One of the sections retains the existing area code while the other geographic section receives the new area code, which causes residential customers and businesses in that section to have to change their telephone numbers. Nevertheless, local calling areas do not change and both sections retain the ability to use seven-digit dialing when making calls within each corresponding geographic area. Conversely, telephone calls between the two geographic areas, even if rated as ''local'' calls by the telephone company, cannot be completed without the use of ten-digit dialing.
The other option is an all-services overlay. An overlay area code ''covers'' the pre-existing area code, most often serving the identical geographic area. This option puts an end to further shrinking of the geographic size of the area code. Additionally, all existing numbers in the overlaid geographic area are able to keep the old area code, and only new telephone lines are assigned the new area code if the old area code has run out of numbers. Consequently, a customer might have two different area codes for telephone lines serving his or her home or place of business. Furthermore, since with an overlay there are multiple area codes for the same geographic area, all calls, including local calls, require ten-digit dialing in order to be completed. In fact, per FCC mandate, states are required to impose ten-digit dialing for all calls, even if those calls are made within the same area code. This purportedly eliminates a dialing disparity between customers in the old area code and those in the new overlay area code.
The Commission prefers to implement the form of area code relief that is the least disruptive to the residential customers and businesses that reside within the 570 area code. The Commission notes that the industry reached a consensus to implement an all-services distributed overlay for the geographic area covered by the 570 NPA, which would create a new area code to service the area and require ten-digit dialing to complete all calls. Additionally, upon our review of the written comments received and the transcript from the various public input hearings, many agree with the industry's consensus recommendation to implement an all-services distributed overlay for the geographic area covered by the 570 NPA.
We agree with the industry's recommendation and the sentiments of the majority of the commenters. We believe that the geographic size of the 570 area code lends itself to the imposition of an overlay. On the other hand, implementing a geographic split would create smaller and smaller geographic sections that result in arbitrary regions that make no geographic sense at all. A geographic split can divide communities of interest, such as neighborhoods, school districts and municipalities. Thus, the area code loses its meaning because there are too many areas and too many codes.
Furthermore, we believe that the imposition of an overlay would be the least disruptive to the customers and, more importantly, the businesses that reside within the 570 area code. With a geographic split, individuals and businesses in the area that changes or receives the new area code would have to re-print stationery and signs, write letters and send e-mails announcing the change of their phone number, or risk having their incoming calls misdirected. Additionally, the persons who call the affected numbers typically have to call twice and then update their paper and computer records. For these reasons, we will direct Neustar to implement an all-service distributed overlay for the 570 area code.
Next, we must determine the implementation timeline for the overlay of the 570 area code. In the instant petition, the industry initially requested thirteen months for full implementation of the new NPA for the 570 area code. Specifically, the industry recommended the following implementation schedule:
Event Time Frame Network Preparation Period 6 months Permissive 10-Digit Dialing and Customer Education Period
(Calls within 570 NPA can be dialed using 7 or 10 digits)
Mandatory dialing period begins at the end of the Permissive Dialing Period6 months First Code Activation after end of Permissive Dialing Period 1 month
(after Mandatory Dialing Period)Total Implementation Interval 13 months The FCC has noted that state commissions are uniquely positioned ''to ascertain and weigh the very local and granular information inherent in area code relief decision making.'' 18 Additionally, FCC regulations at 47 CFR 52.19(a) state 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.''
The Commission notes that the 570 area code is projected to exhaust its remaining supply of NXX codes by the third quarter 2011, or approximately July 1, 2011. We acknowledge that we can no longer accommodate the industry's initial request of thirteen months due to the timing of this decision. Nevertheless, the Commission believes that the time line for the implementation of the new area code in the 570 geographical region did not necessarily have to be a length of thirteen months and could be shortened. The Commission's past experience with area code overlays is that they have been fully implemented within as little as 6 months. Therefore, having temporarily delayed the proposed implementation schedule to request input from the public has not compromised the ability of area code relief to be implemented in the 570 NPA on a timely basis nor adversely impact consumers.
We will revise the implementation schedule proposed by the telecommunications industry accordingly. We will direct that all network preparation for the implementation of the new overlay be completed within 8 months or no later than March 1, 2011, at 12:01a.m (EST). We believe that this timeframe is sufficient for telecommunications carriers to prepare their individual networks for the overlay area code.
While a state commission may not utilize numbering optimization measures in lieu of implementing timely area code relief, it may minimize the consumer impact of traditional area code relief by not implementing new area codes sooner than necessary. Even the FCC has noted that the implementation of new area codes before they are necessary forces consumers to go through the expense, trouble and dislocation of changing telephone numbers or dialing patterns earlier or more often than necessary. 19
In view of the well-documented disruption to customers caused by changes in their area code, it is in the public interest to assure that new area codes are opened only when it is necessary, and only after the existing number resources in the existing area code are close to exhaustion. The mere fact that we are implementing timely area code relief does not mean we should not be diligent in ensuring that the remaining NXX codes in the existing area code are properly allocated or allow the premature exhaust of the existing area code. Thus, we direct Neustar to continue the rationing of two codes per monthfor the 570 area code per the Jeopardy Procedures that were previously established.20 This rationing will continue until exhaust of the 570 area code.
Moreover, the FCC recently granted the Commission additional delegated authority to implement mandatory number pooling throughout each and every rate center within the 570 area code.21 We believe that the implementation of mandatory pooling throughout all rate centers within the 570 area code will eventually add to the number of NXX codes available for assignment in this NPA. Consequently, we direct that Neustar not activate the new NPA or assign any NXX or central office codes from the new overlay until three months to NXX code exhaust in the 570 area code.22 The NANPA will comply with this directive until this threshold has been met and will continue to honor code requests for NXXs in the existing NPA in accordance with the aforementioned jeopardy procedures for as long as resources are available.
Additionally, as we directed Neustar to do for us with the proposed 445 and 835 NPAs, NANPA will provide the Commission with monthly updates on the projected exhaust date of the 570 NPA so that the Commission can ensure that no NXX code holders in Pennsylvania will be without adequate numbering resources to meet customer demand. The Commission will inform all NXX code holders in Pennsylvania when the 570 NPA is three months away from exhaust.
When introducing a new area code, there is an adjustment period commonly known as a permissive dialing period. During the permissive dialing period, customers may reach numbers in the area that is to be overlaid by either dialing the area code plus the number or the old way by using the seven-digit number. During the permissive period, customers are encouraged to make calls using ten-digits. At the end of the permissive period, the mandatory dialing period commences and all calls must be made using the area code plus the seven-digit number. If only the seven-digit number is dialed at this time, the customer will reach a recorded announcement stating they must hang up and redial the number using the area code plus the seven-digit number. This recording will be available permanently. Once the 'three months to exhaust' threshold mentioned above has been reached, the permissive dialing period will begin and the telecommunications industry can start customer education programs for the new NPA, including the fact that when the new overlay area code is finally activated the FCC requires that all calls be made dialing ten digits, dialing the area code and the seven-digit number.
During the public input hearings, some commenters expressed reservations regarding the introduction of ten-digit dialing in the 570 area code. In fact, we understand that this was a primary motive of some who commented that the Commission implement a geographic split. As noted above, the implementation of an overlay requires the adoption of ten-digit dialing for all calls within and between the 570 NPA and the new NPA. However, we acknowledge that ten-digit dialing has become more prevalent nationwide and overlays, with ten-digit dialing, have been implemented in southeastern and western Pennsylvania. Nonetheless, if our conservation measures prove to be effective then possibly the activation of the new area code could be delayed indefinitely and ten-digit dialing would have been unnecessarily imposed upon the residents and businesses that are located in the 570 area code. Accordingly, we determine that the requirement of mandatory ten-digit dialing be suspended for the new overlay NPA until the actual assignment of an NXX code from the new overlay NPA.
With the assignment of an NXX code from the new overlay NPA, the dialing plan will be as follows:
Dialing Plan for the All Services Distributed Overlay for the 570 NPA Type of Call Call Terminating in Dialing Plan Local & Toll Calls Overlay Home NPAs
(HNPA)10 digits (NPA-NXX-XXXX)* Local & Toll Calls Foreign NPA (FNPA)
outside of overlay1+10 digits (1+NPA-NXX-XXXX) Operator Services
Credit card, collect, third partyHNPA or FNPA 0+10 digits (0+NPA-NXX-XXXX) *1+10 digit dialing for all HNPA and FNPA calls permissible at each service provider's discretion
Conclusion
We encourage the industry and NANPA to work together with the Commission to ensure that new area codes are not unnecessarily opened in the Commonwealth when other viable alternatives are available. Nevertheless, the policy of the Commission is to ensure that numbering resources are made available on an equitable, efficient and timely basis in Pennsylvania; Therefore,
It Is Ordered That:
1. Neustar's petition filed with the Commission on behalf of the Pennsylvania telecommunications industry at the above docket for approval of its relief plan for the 570 area code is hereby granted to the extent consistent with the body of this Order.
2. An all-services distributed overlay shall be implemented over the 570 area code.
3. From the effective date of this Order, the North American Numbering Plan Administrator shall provide this Commission with monthly updates on the projected exhaust date of the 570 NPA. Time to exhaust in months shall be calculated and based on actual carrier demand for numbers. The monthly updates shall be addressed to Mr. Christopher Hepburn, Bureau of Fixed Utility Services.
4. The Commission shall inform all NXX code holders in Pennsylvania when the 570 NPA is 3 months to NXX code exhaust so that the Commission can ensure that all carriers, including nonpooling carriers, will have non-discriminatory access to numbers when needed to meet customer demand.
5. All NXX code holders in Pennsylvania are directed to complete all network preparation to their systems that is necessary to implement the new NPA no later than March 1, 2011.
6. All NXX code holders in Pennsylvania shall not commence their customer education program for the new overlay code until the Commission informs them that the 570 area code will exhaust within 3 months.
7. A copy of this order shall be published in the Pennsylvania Bulletin and also posted on the Commission's web site at http://www.puc.pa.state.us/.
8. A copy of this order shall be served to all NXX code holders in Pennsylvania, the Office of Consumer Advocate, the Office of Small Business Advocate, the Pennsylvania Telephone Association, and Neustar-NANPA.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 10-1462. Filed for public inspection August 6, 2010, 9:00 a.m.] _______
1 The unavailability of NXX codes in an area code for assignment to telecommunications carriers leads to the exhaust of the area code.
2 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.
3 The Industry Numbering Committee (INC) Guidelines provide that when an area code is nearing exhaust, 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.
4 Petition of NPA Relief Coordinator Re: 717 Area Code Relief Plan, Docket No. P-00961071 (Order entered May 21, 1998).
5 A geographic split occurs when an existing area code is divided into two or more separate geographic areas where one area retains the existing NPA and the others receive new NPAs.
6 Pursuant to the INC Guidelines, the NANPA was required to prepare relief options for an NPA that was projected to exhaust within 36 months and to conduct an industry meeting with the goal of reaching industry consensus regarding the form of relief for the area code. See INC Guidelines at §§ 5.0, 5.5.
7 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.
8 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.
9 NXX code reclamation involves the return of unused NXX codes to the NANPA. Within six 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).
10 The Commission implemented NXX code reclamation in the 570 NPA in August 2000, while mandatory 1,000-block pooling was implemented in February 2002. See Petition of Representative Keith R. McCall and Members of the Northeast Delegation of the Pennsylvania House of Representatives Requesting that Additional Authority be Delegated to the Pennsylvania Public Utility Commission to Implement Additional Number Conservation Measures, CC Docket No. 99-200 and NSD-L-01-113 (Order released December 28, 2001). By order entered on August 9, 2001, at Docket No. M-00001427, the Commission, with the consensus of the industry, ordered the implementation of a voluntary pool in 570, which subsequently became mandatory at the direction of the FCC in the McCall Order.
11 In the Matter of Verizon Wireless' Petition For Partial Forbearance From the Commercial Mobile Radio Services Number Portability Obligation and Telephone Number Portability, WT Docket 01-84, CC Docket No. 95-116 (Order adopted July 16, 2002).
12 INC Guidelines at § 5.10.
13 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 CFR 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.
14 According to the Central Office Code (NXX) Assignment Guidelines, ''A jeopardy condition exists when the forecasted and/or actual demand for NXX resources will exceed the known supply during the planning/implementation interval for relief.''
15 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. See NPA Code Relief Planning & Notification Guidelines, INC97-0404-016, reissued November 8, 1999, at § 5.6.
16 The public input hearings were held in the cities of Wilkes-Barre, Jim Thorpe, Williamsport, Scranton and Lock Haven.
17 In the Matter of Numbering Resource Optimization, CC Docket Nos. 99-200, 96-98, NSD File No. L-99-101 (2000).
18 In the Matter of Numbering Resource Optimization, Second Report and Order, CC Docket No 99-200, FCC 00-429 (rel. December 29, 2000).
19 Id.
20 Effective April 1, 2009, interim jeopardy procedures were placed into effect for the 570 NPA. On April 28, 2009, finalized jeopardy procedures were established and consensus reached to set the rationing quantity (''base allocation'') at two (2) codes per month.
21 In the Matter of Numbering Resource Optimization, CC Docket 99-200, DA 10-883 (released May 18, 2010).
22 New customers or existing customers requesting additional numbers may be assigned numbers from the new area code upon its activation.
