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HomeMy WebLinkAbout20221017Final_Order_No_35563.pdfORDER NO. 35563 1 Office of the Secretary Service Date October 17, 2022 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF FARMERS MUTUAL TELECOM, INC.’S PETITION FOR A SAFETY VALVE WAIVER OF FCC THRESHOLD REQUIREMENTS FOR NUMBERING RESOURCES ) ) ) ) ) ) CASE NO. FMU-T-22-02 ORDER NO. 35563 On August 25, 2022, Farmers Mutual Telecom, Inc. (“Farmers” or “Company”) petitioned the Commission for an order waiving the Federal Communications Commission’s (“FCC”) Threshold Numbering Resource Requirements for the Fruitland, Idaho and Payette, Idaho rate centers (“Petition”). Having reviewed the record in this case, we issue this Order granting the Company’s Petition. THE PETITION In the Petition, the Company asserted that it is replacing its existing Metaswitch VP3510 equipment/facilities in its Fruitland and Payette, Idaho exchanges. Because of this change, a new Number Plan Area (“NPA-NXX”) and Location Routing Number (“LRN”)1 are required to establish homing arrangements for Local Exchange Routing Guide 7 Switching Homing Arrangement information (“LERG7SHA”) so the Company can order and install new trunking.2 Petition at 1. The Company stated once the new switch is operational, its existing customers will be ported to it from the old switch. Id. Any unneeded 1,000 blocks will be returned to the North American Numbering Plan Administrator (“NANPA”). Id. The Company stated that on August 22, 2022, it applied through the Pooling Administration System (“PAS”) of the NANPA for an LRN for the new Fruitland and Payette, Idaho switch within its Local Access Transport Area (“LATA”). According to the Company, NANPA’s administrator, Somos, Inc., denied the Company’s application because the Company 1 The NPA, or Numbering Plan Area, is commonly called the area code. The NXX refers to the three digits of a phone number immediately following the area code and is also called the “exchange” or Central Switching Office Designation. The LRN, or Location Routing Number, is a unique 10-digit number used to identify a switch that holds ported or pooled numbers. Calls to ported or pooled numbers are routed based on the NPA-NXX of the numbers associated with the LRN. 2 The LERG provides routing data obtained from the iconectiv Business Integrated Routing and Rating Database System (“BIRRDS”) into which data is entered by service providers (“SPs”) and/or their agents. ORDER NO. 35563 2 did not meet the months-to-exhaust and/or utilization requirements in the Thousands-Block Number Pooling Administration Guidelines3 (the “Guidelines”). See Petition, Attachment A. STAFF ANALYSIS After evaluating the Company’s Petition, Staff believes that granting this waiver will not have any detrimental effect on the numbering resources in the Fruitland and Payette, Idaho rate centers. Because of the Company’s business need to replace the existing Meta switch equipment/facilities, it is reasonable for the Company to upgrade its facilities for the consumers of the Fruitland and Payette rate centers. Staff believes that the new switch will improve the performance of the two exchanges and will increase the need for additional numbers. According to FCC orders and numbering guidelines, carriers may appeal NANPA decisions of this nature to the appropriate state regulatory authority. This Commission has granted similar waivers in the past to meet similar requests of other carriers. (See Commission Orders Nos. 33976, 34108, 34238, 34364, and 34501). COMMISSION FINDINGS Federal regulations allow a carrier to appeal a NANPA decision to withhold numbering resources. See 47 C.F.R. § 52.15(g)(4)(iv) and (5). 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” requirements. See 47 C.F.R. § 52.15(g)(4)(iv) and (5). The Commission “also may overturn the NANPA’s decision to withhold numbering resources from the carrier based on its determination that the carrier has demonstrated a verifiable need for numbering resources and has exhausted all other available remedies.” 47 C.F.R. § 52.15(g)(5). After reviewing Farmers’ Petition and Staff’s recommendation, the Commission finds that the Petition should be granted despite NANPA’s August 22, 2022, denial. The requested waiver is necessary for the Company in relation to its facilities upgrade and to meet the needs of its customers. We further find that the waiver and assignment will not detrimentally affect numbering resources for the Fruitland and Payette, Idaho rate centers. Consequently, we find it is reasonable to direct that NANPA provide the new number assignment requested by the Company. 3 To be assigned an additional thousands-block (NXX-X) for growth, “Months to Exhaust” must be less than or equal to six months. (FCC 00-104, Section 52.I5(g)(3)(iii)). ORDER NO. 35563 3 Finally, we find that because the Company participates in number pooling the Company shall return any unused 1,000-blocks of numbers to NANPA. O R D E R IT IS HEREBY ORDERED that Farmers’ Petition for waiver of the numbering resource optimization Guidelines is granted. IT IS FURTHER ORDERED that any unused 1,000-blocks of numbers shall be returned to NANPA’s numbering pool within six months from the service date of this Order. THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in 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 and 62-619. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17th day of October 2022. ERIC ANDERSON, PRESIDENT JOHN CHATBURN, COMMISSIONER JOHN R. HAMMOND JR., COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\TELECOM\FMUT2202_order_md.docx