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HomeMy WebLinkAbout20120207final_order_no_32452.pdfOffice ofthe Secretary Service Date February 7,2012 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF ELECTRIC ) LIGHTWAVE,LLC DBA INTEGRA )CASE NO.ELI-T-ll-Ol TELECOM’S PETITION FOR WAIVER OF ) FCC THRESHOLD NUMBERING ) RESOURCE REQUIREMENTS FOR BOISE,)ORDER NO.32452 IDAHO ) On December 20,2011,Electric Lightwave,LLC dba Integra Telecom (“Integra”) petitioned the Commission for a waiver of numbering resource guidelines following the denial of its application for additional numbering resources by Neustar,the North American Numbering Plan Administrator (“NANPA”).Integra’s Petition appeals the NANPA’s denial.With this Order,the Commission grants Integra’s Petition. THE PETITION According to the Petition,NANPA denied Integra’s request for a full,10,000-number code block because “[r]ecords indicate there are enough resources in the current inventory to fulfill [Integra’s]need.”See Petition at 1,Attachment A (Pooling Administrator’s Response). The Petition notes that “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.” Petition at 1.However,“[a]lthough Integra has not yet reached [these]criteria for the assignment of additional numbering resources in the Boise rate center,it is making this request on behalf of a large customer consolidating its operations in Boise.”Id.The Petition includes a copy of Integra’s Months-to-Exhaust and Percent Utilization report,along with the customer’s confidential explanation of its need for the additional numbers.Id.at 1-2.According to the Petition,Integra expects that “once the customer receives and activates the [new]telephone numbers...,the old numbers will be returned and ultimately absorbed back into the numbering resources of other Idaho carriers....“Id. STAFF ANALYSIS Staff recommended that the Commission grant Integra’s Petition.According to Staff, Integra’s customer is requesting sequential numbers that Integra cannot provide given Integra’s current inventory.Staff believes the customer’s resource requirements warrant the opening of a ORDER NO.32452 1 code in the Boise rate center.Staff also noted that similar requests have been granted by this Commission in the past. Staff said Integra’s requested waiver will not detrimentally affect the Boise rate center’s numbering resources.Staff explained that Integra participates in the 1,000-number block “pooling”in the Boise rate center,and that pooling and rate center consolidation improve number conservation and extend the time it takes to exhaust a rate center’s numbering resources.1 Staff said high demand remains for Boise rate center numbering resources;therefore, it is unlikely that any resources will be stranded or unusable in the immediate future. DISCUSSION Federal regulations allow a carrier to appeal a NANPA decision to withhold numbering resources.The Commission “may affirm or overturn the NANPA’s decision to withhold numbering resources from the carrier based on its determination of compliance with the reporting and numbering resource”requirement.The Commission may also overturn NANPA’s decision “based on its determination that the carrier has demonstrated a verifiable need for numbering resources and has exhausted all other available remedies.”See 47 C.F.R.§ 52.15(g)(3)and (4). After reviewing Integra’s Petition and Staff’s recommendation,the Commission finds that the Petition should be granted.The requested number assignment is necessary for Integra to meet the needs of its customers.Further,because Integra participates in number pooling,any unused 1,000-number blocks will be returned to NANPA.We find the assignment will not detrimentally affect number resources for the Boise rate center.Consequently,we find it is reasonable to direct that NANPA provide the new number assignment requested by Integra to meet the customer’s requirements.We also direct that any unused 1,000-blocks be returned to NANPA within six months. ORDER IT IS HEREBY ORDERED that Integra’s Petition for waiver of the FCC’s numbering resource optimization guidelines is granted. IT IS FURTHER ORDERED that NANPA assign ten sequential numbering blocks to Integra so Integra may assign the numbers to the customer identified in its Petition.The Pooling is a numbering conservation measure in which the 10,000 numbers in a NXX prefix are divided into ten sequential blocks of 1,000 numbers and allocated to different carriers (or different switches)within a rate center.See Order No.30425. ORDER NO.32452 numbers must be used sequentially,and any unused 1.000-number block must be returned to the pool within six months. 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. tk DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this ‘I day of February 2012. —4c PAUL LLA UR,PRESIDENT ZEDRD.E4 7LA6 zL MARSHA H.SMITH,COMMISSIONER ATTEST: 4L Jn D.Jewell (I ommission S’cretary O:ELI-T-1 1-OIkk ORDER NO.32452 3