20070329IPUC Petition.pdf

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.c. 20554
In the Matter of
Implementation of the Local Competition
Provisions of the Telecommunications Act of
1996
CC Docket No. 99-200Numbering Resource Optimization
CC Docket No. 96-
THE IDAHO PUBLIC UTILITIES COMMISSION'
PETITION FOR DELEGATED AUTHORITY TO
IMPLEMENT NUMBER CONSERVATION MEASURES
The Idaho Public Utilities Commission (IPUC) hereby respectfully submits this
Petition to the Federal Communications Commission ("Commission ) for an expedited decision
for Delegated Authority to Implement Number Conservation Measures ("Petition ). The IPUC
requests this authority so that it may implement number conservation measures to ensure that the
public is protected from the unnecessary costs and confusion related to area code splits or
overlays, particularly when numbering resources exist to prevent it.
The Telecommunications Act of 1996 allows the Commission to delegate to State
Commissions or other entities jurisdiction over numbering. Idaho appreciates the Commission
understanding of the States ' need for immediate action in order to optimize number conservation
measures. In the Numbering Resource Optimization Notice, 1 the Commission concluded that
thousands-block number pooling is an important resource optimization strategy, essential to
extending the life of the North American Numbering Plan (NANP). In the Commission s First
Report and Order regarding numbering resource optimization 2 the Commission held that a State
See Numbering Resource Optimization Notice 14 F.c. Rcd 10322, 10383-84 (June 2, 1999).
See Numbering Resource Optimization CC Docket No. 99-200, F.C. 00-104, Report and Order
and Further Notice of Proposed Rulemaking, 15 F.c. Rcd. 7574 (Mar 31 , 2000) (Numbering
Resource Optimization First Report and Order).
IPUC'S PETITION FOR DELEGATED AUTHORITY
TO IMPLEMENT NUMBER CONSERVATION MEASURES
Commission seeking thousands-block number pooling authority demonstrate that (1) the
numbering plan area (NP A) in its state is in jeopardy; (2) the NP A in question has a remaining
life span of at least a year; and (3) that the NP A is in one of the largest 100 metropolitan
statistical area (MSAs), or alternatively, the majority of wireline carriers in the NPA are local
number portability (LNP) capable.3 The Commission further recognized however that "special
circumstances" may exist in which pooling would be beneficial in the NP As that do not meet all
of the above criteria, and stated that it may authorize mandatory pooling in such an NP A upon a
satisfactory showing by a State Commission of special circumstances.4 In 1998, the Commission
adopted the Pennsylvania Numbering Orders where it delegated authority to State Commissions
to order central office code ("NXX code ) rationing in conjunction with area code relief
decisions, in the absence of industry consensus. In the Pennsylvania Numbering Order, the
Commission also encouraged State Commissions to seek further limited delegations of authority
to implement number conservation measures.
DISCUSSION
The geographic scope of availability of LNP has dramatically expanded following
the May 24, 2004 LNP mandate for areas outside the top 100 MSAs 7 while the scope of
mandatory number pooling is limited to only the top 100 MSAs. Recently, it has come to the
IPUC's attention that more prefixes are being requested than previously anticipated due to
increased competition and emerging technologies. Of particular concern to the IPUC are the
Id. at 7652.
Id.
See In the Matter of the Petition for Declaratory Ruling and Request for Expedited Action on the
July , 1997 Order of the Pennsylvania Public Utility Commission Regarding Area Codes 412 610
215 and 717, Memorandum Opinion and Order and Order on Reconsideration , 13 F .c. Rcd 19009
(1998).
See Id.
See In the Matter Telephone Number Portability, Memorandum Opinion and Order and Further
Notice of Proposed Rulemaking, 18 F.C. Rcd 23697 23709 (November 10 2003).
IPUC'S PETITION FOR DELEGATED AUTHORITY
TO IMPLEMENT NUMBER CONSER V A TION MEASURES
increasing requests for full ten thousand-block codes in rural areas. As in other states, carriers in
Idaho are reluctant to participate in voluntary pooling in rate centers outside the top 100 MSAs.
The Commission encouraged new entrants and competitive carriers to request unused numbers
from existing carriers. Unfortunately, despite the Commission s best efforts, some carriers have
chosen not to participate in optional pooling and continue to request full NXX codes.
The Idaho NP A meets the criteria for thousands-block pooling as the IPUC has been
informally notified by NeuStar that the 208 area code may "officially" enter into jeopardy. Also
the IPUC recently met with NeuStar to evaluate the anticipated exhaust date for Idaho s single
208 area code. The evaluation indicated that the forecasted exhaust date is estimated to be on or
about second quarter 2010, therefore the IPUC will need to begin its 36-month planning within
the upcoming months. Lastly, all but one of the wireline carriers in the Idaho NP A are LNP-
capable.
In addition, the IPUC believes that special circumstances exist in which pooling
would be beneficial. In Idaho s single 208 area code, 678 central office codes (779 assignable
numbers) have been issued in support of a population base of 1 293 953.8 The utilization rate for
the 208 area code is 42.9 and 508 blocks have been assigned from the pooling administrator
pool that initially started with a total of 1 913 available blocks. The IPUC is concerned that
thousands of numbers will continue to be stranded in rural areas, unnecessarily depleting
numbering resources faster than warranted by market conditions.
The IPUC asserts that all criteria have been or can be met and that special
circumstances warrant a grant of delegated authority to the IPUC so that it may implement
mandatory thousands-block pooling. Accordingly, the IPUC requests the authority to order
8 From www.Census.gov
From FCC Report Released
attachmatch/DOC-269517 A l.pdf
IPUC'S PETITION FOR DELEGATED AUTHORITY
TO IMPLEMENT NUMBER CONSERVATION MEASURES
January 2007 at http://hraunfoss.fcc.gov/edocs publici
mandatory thousands-block pooling in LNP-capable rate centers in Idaho located outside the
nation s top 100 MSAs where such action will extend the life of the area code by utilizing
existing resources that would otherwise have remained stranded. Upon implementation, carriers
would return any existing unused blocks meeting the contamination level to the pool for
reassignment to other carriers.
The IPUC plans to work with the industry and consumers before any further action is
taken. However, the IPUC desires to implement mandatory number pooling so that it can save
consumers from the unwarranted expense of an area code split or overlay.
CONCLUSION
The IPUC requests additional delegated authority so that it can prolong the life of the
208 area code. The IPUC hopes that these measures will prevent the imposition of additional
burdens on the public. Because time is of the essence to ensure that number conservation
measures have the maximum affect on reducing the demand for numbering resources, and to
avoid premature area code relief, the IPUC respectfully requests that the Commission grant its
request for delegated authority on an expedited basis.
Respectfully submitted this 81 ~ay of March 2007.
FOR THE IDAHO PUBLIC UTILITIES COMMISSION
BY:
Cecelia A. Gassner
Deputy Attorney General
472 W. Washington Street (83702)
PO Box 83720
Boise, ID 83720-0074
[phone]
E-mail: cece.gassner(g)puc.idaho.gov
N:FCC Docket 99-200
IPUC'S PETITION FOR DELEGATED AUTHORITY
TO IMPLEMENT NUMBER CONSERVATION MEASURES