20121016Petition.pdf

Cmmv A. MELILLO PLLC
8385 W. EMERALD STREET• BOISE, IDAHO 83704
[phone] • [e-mail] 6 011:8: 31
DAO PU:.••
UT1LTS (OM3Sk
October 16, 2012
Via Hand Delivery
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Ffl1) T/2-Z I
Boise, ID 83702-5983
RE: PETITION FOR WAIVER OF FCC THRESHOLD REQUIREMENTS
FOR NUMBERING RESOURCES FOR FRUITLAND, IDAHO
Dear Ms. Jewell:
Enclosed for filing with this Commission are an original and seven (7)
copies of a PETITION FOR WAIVER OF FCC THRESHOLD
REQUIREMENTS FOR NUMBERING RESOURCES FOR FRUITLAND,
IDAHO filed by Farmers Mutual Telephone Company. Attachment A is
considered trade secret and confidential pursuant to Section 9-340D(1) of the
Idaho Code, and is submitted to you on yellow paper.
If you have any questions, please contact me. Thank you for your
assistance in this matter.
Sincerely,
Cynthia A. Melillo
CAM/
cc: Dan Greig (via electronic mail)
Enclosures
Cynthia A. Melillo PLLC
Cynthia A. Melillo (ISB. No. 5819)
8385 W. Emerald Street
Boise, ID 83704
Tel: [phone]
[e-mail]
16 AM 8:31
01? kri 14
Attorney for Farmers Mutual Telephone Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
PETITION FOR WAIVER OF FCC
THRESHOLD REQUIREMENTS Case No._________
FOR NUMBERING RESOURCES
FOR FRUITLAND, IDAHO
REQUEST FOR WAIVER FOR ADDITIONAL NUMBERING RESOURCES
Farmers Mutual Telephone Company ("Farmers"), by and through its undersigned
attorney, and pursuant to IDAPA 31.01.01.256, files the following Request for Waiver of
certain FCC threshold requirements for the release of numbering resources. Farmers
petitions the Commission for review of the denial by the administrator of the North
American Numbering Plan, NeuStar, of Farmers's application for use of central office,
code numbering resources in area code 208.
Request for Waiver - 1
Specifically, Farmers requests waiver of the utilization threshold
requirements outlined in the FCC's Numbering Resource Optimization
Orders, FCC 00-429 and FCC 01-362 released in CC Docket No. 99-200.
Such waiver would allow NeuStar the authority to provide 1,000 sequential
numbers to Farmers.
The 1,000 numbers in question are requested in the 208 NPA in the
Fruitland Rate Center, and are required to meet a specific customer need in
the Fruitland community. Farmers' customer requires 1,000 sequential
numbers in an NX3 format to be incorporated into an existing dialing plan.
Farmers's customer requests that these numbers be made available as soon
as possible and no later than the end of the calendar year. The customer will
begin using the numbers as soon as the waiver is granted and the numbers
are released for service. The numbers will be added to existing inventory to
accommodate the customer's expansion of operations. The customer initially
made an oral request with the follow-up email attached hereto as
Confidential Attachment A.
On September 28, 2012 Farmers submitted the customer's request for
numbering resources to NeuStar. The request was immediately denied due
to the "months to exhaust" calculations and/or utilization requirements
for the Fruitland Rate Center. See Attachment B. The waiver requested here
is for the "months to exhaust" usage threshold for numbering requests.
The FCC permits a waiver of the kind requested here when there is a
Request for Waiver - 2
demonstrated need, such as a specific customer request for numbers. The
waiver process is specifically addressed in the FCC Third Report and Order
("Order") as the "safety valve" process. See FCC 01-362,1157-66 (Mar. 14,
2002). The Order delegates the authority to hear requests for waivers to the
state commissioners and recommends that state commissions act
expeditiously. See Id., ¶1161, 66.
Farmers respectfully requests that the Commission approve this Request
for Waiver of the "months to exhaust" threshold requirements and direct
NeuStar to provide 1,000 sequential numbers in the NX3 in the Fruitland Rate
Center in the 208 NPA as outlined above, to meet Farmers' customer's request.
Submitted this 16th day of October, 2012.
Cynthia A. Melillo PLLC
By 11 247I
Cynthia A. Melillo
Attorneys for Farmers Mutual
Telephone Company
Request for Waiver - 3
ATTACHMENT A
THIS EXHIBIT ALLEGEDLY CONTAINS TRADE SECRETS
OR CONFIDENTIAL MATERIAL AND IS SEPARATELY
FILED
ATTACHMENT B
From: <[e-mail]>
Date: Fri, Sep 28, 2012 at 2:51 PM
Subject: PAS - Pooling Administrator's Response/Confirmation for Tracking Number: 208-
FRUITLAND-ID-57 1550
To: [e-mail]
Cc: PA [e-mail]
Dated 28-September-2012
November 21, 2003 Attachment 3
ATIS-0300066.at3
Pooling Administrator's Response/Confirmation
TBPAG Part 3
208-
Tracking Number: FRUITLAND-
ID-571550
Date of Application: 09/28/2012 Effective Date:
Date of Receipt: 09/28/2012 Date of 09/28/2012 Response:
Service Provider FARMERS MUTUAL TELEPHONE CO. Name:
(Telcordia TM LERG
TM Routing Guide) 2221
OCN:
NPAC SOA SPID:
Pooling Administrator Contact Information:
Dora Wirth Phone: [phone]
Signature of Pooling Administrator
Dora Wirth Fax: [phone]
Name (print)
Email: [e-mail]
NPA-NXX or Block
NPA-NXX-X: Assigned:
Block
Reserved:
Block
Reservation
Expiration
Date:
Block/Code
Modified:
Block/Code
Disconnected:
Block Contaminated(Yes or No):
If Yes,enter the number of TNs
contaminated:
Switch Identification(Switch Entity/POI): FRLDIDXXDS1
Rate Center: FRUITLAND
Rate Center Sub Zone: FRUITLAND
X. Form Complete, request denied.
Explanation:
DR-57: You do not meet the MTE and/or Utilization requirements,
therefore this request for a new code is denied. You may proceed with
requesting a State Waiver from the appropriate state commission using
this Part 3 denial. If you are in disagreement with the disposition of
this request, please refer to the Thousands'Block Number (NXX-X)
Pooling Administration Guidelines for the appeals process.
Request withdrawn.
Explanation:
Assignment activity suspended by the administrator.
Explanation:
Remarks:
'This is an eleven-character descriptor provided by the owning entity for
the purpose of routing calls.This must be the CLLI "m Location
Identification code of the switching entity/POI shown on the Part 1A form
(Telcordia,LERG ROUTING Guide and CLLI are trademarks of Telcordia
Technologies,Inc.)