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HomeMy WebLinkAbout20100813final_order_no_32049.pdfOffice of the Secretary Service Date August 13 2010 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF ELECTRIC LIGHTWAVE LLC DBA INTEGRA TELECOM FOR A WAIVER OF FCC THRESHOLD REQUIREMENTS FOR NUMBERING RESOURCES FOR BOISE IDAHO ORDER NO. 32049 CASE NO. ELI-IO- On June 23, 2010, Electric Lightwave LLC dba Integra Telecom filed a request for a Commission waiver of numbering resource guidelines following denial of its Application filed with the North American Numbering Plan Administrator (NANP A). According to its Application, the Company seeks a waiver in order to obtain a new Local Routing Number (LRN) for the Company s new switch that will serve the Boise rate center. Local Routing Number is a la-digit telephone number that identifies a particular CLEC's traffic/switch in the central office and is required for local number portability. STAFF ANALYSIS NANPA's Central Office Code (NXX) Assignment Guidelines, Section 4.1.3, state that a service provider requesting LRNs for a rate center in which the service provider already has numbering resources must meet certain months-to-exhaust and utilization requirements. Integra has not yet reached the months-to-exhaust and utilization criteria for the assignment of a new LRN for the Boise rate center, but it needs the new LRN in order to deploy a new switch to serve this rate center. Integra will not be decommissioning the switch that currently services the Boise rate center. Integra s application was denied by NANP A because the current telephone numbers held by the Company are available and the utilization requirements are not met. After evaluating Integra s waiver request, Staff stated that granting Integra s waiver will not have a detrimental effect on numbering resources in the Boise rate center. Integra participates in the thousand-block-pooling in the Boise rate center. Staff noted that pooling and rate center consolidation help make number conservation efforts more effective and are designed to extend the time it takes to exhaust a rate center s numbering resources. There remains a high demand for numbering resources within the Boise rate center and it is unlikely that any resources will be stranded or unusable in the immediate future. ORDER NO. 32049 According to FCC orders and numbering guidelines, carriers may appeal NANP A decisions to the appropriate state regulatory authority. As provided in the Number Optimization Order and FCC regulations, the appropriate regulatory Commission "may affirm or overturn the NANP A's decision to withhold numbering resources from the carrier based on its determination of compliance with the reporting and numbering resource requirement.47 C.R. ~ 52.15(g)(3 )(B)(iv). This Commission has granted similar waivers in the past to meet the requests of other carriers. DISCUSSION After reviewing Integra s Petition and Staffs recommendation, the Commission finds that the Petition should be granted. It appears that the requested number assignment is necessary for Integra to meet the needs of its customers, and that it will not detrimentally affect number resources for the Boise rate center. Integra participates in number pooling, and any unused 1 000-blocks will be returned to NANPA. We find that it is reasonable to direct that NANPA open a code and provide a new Local Routing Number for Integra s new switch at the Boise rate center as requested by the Company. ORDER IT IS HEREBY ORDERED that Electric Lightwave LLC dba Integra Telecom Petition for Waiver of the FCC's numbering resource optimization requirements is granted. IT IS FURTHER ORDERED that NANPA assign 10 sequential numbering blocks to Integra. Any 1 000-block not used by the customer within six months must be returned to the pool. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-626. ORDER NO. 32049 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /3 day of August 2010. ~//. JI . KEMP~ON, P SIDENT MARSHA H. SMITH, COMMISSIONER MACK A. REDFO ATTEST: ~tJJe D. Jewell mission Secretary O:ELI-IO-OI ws ORDER NO. 32049