20031226Decision Memo.pdf

ECISI 0 N MEMO RAND UM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:DOUG COOLEY E t I" tJ
;// () !
DATE:DECEMBER 26, 2003
RE:APPLICATIONS FOR WAIVERS TO ACQUIRE NEW NUMBERING
RESOURCES IN BOISE.
BACKGROUND
On December 17, 2003, the Commission received requests for waivers from Electric
Lightwave (ELI) and Time Warner Telecom (TWT), following denial of their Applications filed
with the North-American Numbering Plan Administrator (NANP A). In the earlier Applications to
NANP A, both ELI and TWT requested telephone number blocks to meet the growing requirements
of customers in Boise, Idaho.
In ELI's Application to NANPA, the Company requested two consecutive 1 000-blocks for
use by its customer, Ada County. These blocks will be used to expand Ada County's system to
include a Public Safety Complex, Juvenile Detention Center and Field Services building. ELI made
the Application to NANP A because it does not have the specific 1 0OO-blocks Ada County requests.
As required in its Application to NANP A, ELI completed a Month- To-Exhaust (MTE) worksheet
indicating that ELI's numbering resources in the Boise rate center would exhaust in approximately
13 months. On November 18, 2003, NANPA denied ELI's NXX request on the grounds that ELI
had not met the 6-month MTE criteria as set forth in the NANP A's guidelines for each rate center.
In TWT's Application to NANPA, the Company requested seven 1 000-blocks for use by its
customer, Boise State University. These blocks will be used to meet the growing demand for
numbers on BSU's campuses in Boise and in Nampa and will also help to maintain the 5-digit
dialing pattern on BSU's network. TWT's Application was also rejected by NANPA because it did
not meet the months-to-exhaust (MTE) estimate set forth in the Central Office Code Guidelines.
DECISION MEMORANDUM DECEMBER 26, 2003
Both companies assert that NANP A's denial interferes with its ability to serve its customers
within the state ofIdaho.
STAFF ANALYSIS
Both TWT and ELI participate in thousand-block-pooling in the Boise rate center. While
methods such as pooling and rate center consolidation help make number conservation efforts
more effective, they are designed to extend the time it takes to exhaust (MTE) a rate center
. number resources. According to FCC orders and numbering guidelines, carriers can appeal
NANP A decisions ofthis nature to the appropriate state regulatory authority. 1 The Commission
has granted similar waivers in the past for specific customer requests. (See Order No. 28769
Ricks College.
RECOMMENDATION
Staff recommends that the requests for waivers sought by Time Warner Telecom and
Electric Lightwave be granted so that these companies can serve the specific needs of Boise
State University and Ada County. Staff also recommends that TWT and ELI continue to follow
FCC numbering guidelines by assigning numbers in 1 000 blocks as demand requires before
opening new 1 000 blocks within an assigned prefix. Further; Staff recommends that TWT and
ELI remind its customers that unused 1 000 blocks will be returned to the NANP A within six
months.
COMMISSION DECISION
Should the requests for waivers from Time Warner Telecom and Electric Lightwave be
approved?
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i:dmemo/st at nxx memo
I Number Optimization Order. CC Docket No. 99-200 and 96-, FCC 00-104, reI. Mar. 31 , 2000.
DECISION MEMORANDUM DECEMBER 26, 2003