20040525Application.pdf

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ATTORNEYS AT LAW
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May 24 2004
MARY S. HOBSON
Direct [phone]
mshobson(fYstoeI.com
VIA HAND DELIVERY
Jean D. Jewell
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
Re:Case No. ()tfI jfoJ -r~ I! I/~/ d
A WAIVER REQUEST FOR NEW IDAHO NXX (PREFIX) IN BOISE, IDAHO
FOR CITIGROUP
Dear Ms. Jewell:
Enclosed for filing with this Commission is an original and eight copies of Qwest Corporation
Petition for Waiver of the Neustar s Denial of Application for New Central Office Code in Area
Code 208. Copies of the confidential attachment are provided under separate cover. Qwest
requests the Idaho Public Utilities Commission direct the Neustar to release a new NXX (prefix)
to meet requirements of Citigroup in Meridian, Idaho. FCC rules denied Qwest's application for
the new NXX despite Qwest's inability to provide the requested NXX in the central office
serving the company. The customer requests the new prefix be available as soon as practicable.
Qwest's Request for Waiver describes the FCC rules, the Qwest application for the new NXX
with Neustar and Neustar s denial of the Qwest application. It is Qwest's hope that the Staff and
Commission review of this request can be accomplished without delay and a decision can be
reached at an upcoming Commission decision meeting.
Thank you for your cooperation in this matter.
Very truly yours
?Zlf/l1 ~f-/-r;~
Mary s. ;Jbson
MSH:blg
Enclosure
Oregon
Washington
California
Utah
Boise-171555.10029164-00012 Idaho
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702-5958
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
ECEIVED 0FiLED
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UnlIT lIS COt~lr-tiSSION
Adam Sherr
Qwest
1600 7th Avenue - Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
adam. sherr~qwest. com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
QWEST CORPORATION'S REQUEST FOR
WAIVER OF THE NEUST AR' S DENIAL OF
APPLICATION FOR NEW MAIN OFFICE
CODE IN AREA CODE 208 FOR
CITIGROUP IN MERIDIAN, IDAHO
./
CASE NO. c IAJ E- I" tf
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QWEST CORPORATION'
PETITION FOR WAIVER
Qwest Corporation ("Qwest"
),
by and through its attorneys of record, and
pursuant to Rule 53, IPUC Rules of Procedure IDAPA 31.01.01.256 files the following
Petition for Waiver. Qwest petitions the Commission for review of the denial of Qwest'
application for use of central office code numbering resources in area code 208 by the
North American Numbering Plan Administrator ("Neustar
This waiver petition is made in conformity with the Federal Communications
Commission s ("FCC") procedures for challenging determinations ofNeustar, as outlined
in In the Matter of Numbering Resource Optimization, Petition for Declaratory Ruling
and Request For Expedited Action on the July , 1997 Order of the Pennsylvania Public
QWEST CORPORATION'S PETITION FOR WAIVER -
Boise-171554.1 0029164-00012
Utility Commission Regarding Area Codes 412 610 215 and 717, 15 FCC Rcd. 574
(2000) Number Optimization Order
),
as well as 47 C.R. 9 52.15 (g) (3) (iv) ("The
carrier may challenge Neustar decision to the appropriate state regulatory
commission ), and the Industry Central Office Code (NXX) Assignment Guidelines
, ~
13.0 ("Appeals may include but are not limited to one or more of the following options: .
. C. The CO Code Administrator(s) and code holders/applicants may pursue the
disagreement with the appropriate governmental/regulatory body
In support of this petition Qwest states:
Qwest is a telephone corporation regulated by the Idaho Public Utilities
Commission ("Commission ) providing intraLA T A, local exchange telecommunications
services in the Meridian Rate Center.
The goal of the FCC'Number Optimization Order was to implement
uniform standards governing requests for telephone numbering resources in order to
increase efficiency in the use of existing telephone numbers and to avoid further
exhaustion of area codes under the North American Numbering Plan ("NANP"
Among other things, the Number Optimization Order adopted a revised
standard for assessing a carrier s need for numbering resources by requiring rate-center
based utilization rates to be reported to Neustar. The FCC further required that before
applicants could qualify for access to new numbering resources, applicants had to
demonstrate that the existing numbering inventory within the applicant'rate center will
be exhausted within six months of the application. Prior to this ruling, the Central Office
Code Assignment Guidelines, used by the industry and N eustar to make code
assignments, required the applicant's existing number inventory within the applicant's
QWEST CORPORATION'S PETITION FOR WAIVER - 2
Boise-171554.10029164-00012
serving switch to exhaust within six months of the code application in order for a code to
be assigned.
The FCC's shift to a "rate center" basis for determining the need for new
numbering resources was intended to "more accurately reflect how numbering resources
are assigned" and to allow "carriers to obtain numbering resources in response to specific
customer demands.(Number Resource Optimization Order ~ 105)
On or about May 4, 2004, Qwest submitted an automated Central Office
Code (NXX) Assignment Request to Neustar via its online system (PAS) to obtain NXX
resources necessary to meet the demands of Citigroup served by Qwest in Meridian
Idaho. That Assignment Request is attached hereto as Attachment A. The customer
request for a dedicated NXX via letter dated April 16, 2004 hereto attached as
Confidential Attachment B.
The reservation request made on behalf of Citigroup was for a full NXX
for use as a code for its Dedicated Direct Inward Dial service, which it wishes to
purchase from Qwest. Qwest has determined that the customer s request is appropriate
given the information provided concerning the level of usage and projected growth the
customer expects to experience over the next few years.
Due to this specific customer request, Qwest submitted a request to obtain
a central office (NXX) code in the Meridian rate center. Qwest made the request for an
additional central office code to be assigned to the Meridian rate center because Qwest
does not have sufficient numbering inventory in this rate center to provide the full NXX
code requested by the customer.
QWEST CORPORATION'S PETITION FOR WAIVER - 3
Boise-171554.1 0029164-00012
Qwest completed the application in accordance with the industry s Central
Office Code (NXX) Assignment Guidelines and filled out the necessary "Months-to-
Exhaust Certification Worksheet" required by Neustar.
Using the Meridian rate center for the months-to-exhaust calculation as
required under the Number Optimization Order Qwest estimates that numbering
resources will exhaust in the Meridian rate center in 8 months.
10.The automated Pooling Administration System (PAS) immediately denied
Qwest's NXX request on the grounds that Qwest had not met the rate center based
months-to-exhaust criteria now set forth in the Central Office Code (NXX) Assignment
Guidelines, notwithstanding the fact that Qwest does not have the numbering resources
needed to satisfy its customer s demands in the switch at issue. The decision is attached
hereto as Page 5 of Attachment A.
11.Despite the fact that Qwest's inventory of available number resources for
the Meridian rate center may not exhaust for 8 months Qwest is unable to provide
Citigroup s requested numbers through the switch that serves the customer in the
Meridian rate center. This is because the individual switch (MRDNIDMADSO) does not
have a full vacant NXX to meet this customer s request.
In July 2003, the Commission granted a similar petition by Qwest with regard to the assignment of
entire prefix to a customer in the Boise rate center. In the Matter of Qwest Corporation Seeking a
Waiver ofNeustar s Denial, Case No. QWE-03-, Order No. 29279. In that case, Qwest had
calculated that the existing prefixes in the Boise rate center would not be exhausted for 59 months-
far longer than the 8 months at issue in this Petition. Order No. 29279 at J. Likewise in July
2001 the Commission granted a waiver request in Case No. QWE-01-14 , In the Matter of the
Petition of Qwest Corporation ' Request for Waiver of the NANP A Denial of Application for
New Central office Code in Area Code 208 for Ricks College in Rexburg Idaho where the
numbering resources were not scheduled to exhaust for 76 months.
QWEST CORPORATION'S PETITION FOR WAIVER - 4
Boise-171554.10029164-00012
12.Further, Qwest's inability to provide this customer with the full NXX it
requires for its DID service prevents Qwest from providing the quality of service this
customer desires and expects.
13.Qwest's requested numbering resources would not materially impact the
exhaust date of available numbers in the 208 area code.
14.The FCC'Number Optimization Order provides that state regulatory
authorities have the power and authority to review Neustar s decision to deny a request
for numbering resources, as identified above in the opening paragraphs.
15.Under prior months-to-exhaust procedures used by N eustar, waivers or
exceptions were granted where customer hardships could be demonstrated or where the
service provider s inventory did not have a full vacant code to meet the customer
request. Under existing procedures, Neustar looks at the number of months-to-exhaust
for the entire rate center without consideration of any exceptions.
16.Qwest seeks the Commission s review of Neustar s decision to withhold
numbering resources from Qwest on the grounds that the decision runs contrary to the
intent of the FCC to allow carriers access to numbering resources to meet specific
customer demands upon a sufficient showing of need.Further, Neustar s denial of
numbering resources to Qwest interferes with Qwest's ability to serve its customers
within the state of Idaho.
WHEREFORE Qwest respectfully requests that:
The Commission review the decision of Neustar to deny Qwest's request
for additional numbering resources to serve Citigroup with an established need for
numbers.
QWEST CORPORATION'S PETITION FOR WAIVER - 5
Boise-171554.10029164-00012
The Commission direct Neustar to provide a new NXX to meet the
specific requirements of Citigroup in Meridian, Idaho.
The Commission find this issue does not require industry review, is not
contentious, and does not justify opening contested docket prior to decision.
The Commission determine at its next available decision meeting to
expeditiously request a waiver of N eustar' s denial of a new NXX in Meridian under
Qwest's original Central Office Code Assignment Request dated May 4 , 2004.
RESPECTFULLY SUBMITTED this 24th day of May, 2004./~t~~
Mary S.bson
Stoel Rives LLP
Adam L. Sherr
Qwest
Attorneys for Qwest Corporation
QWEST CORPORATION'S PETITION FOR WAIVER - 6
Boise-171554.10029164-00012
CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of May, 2004, I served the foregoing
QWEST CORPORATION'S PETITION FOR WAIVER as follows:
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
O. Box 83720
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
i i ewell~puc.state.id. us
LX.J Hand Delivery
J U. S. Mail
Overnight Delivery
Facsimile
J Email
btd4f$
~ ~
Brandi L. Gearhart, PLS
Legal Assistant to Mary S. Hobson
Stoel Rives LLP
QWEST CORPORATION'S PETITION FOR WAIVER - 7
Boise-171554.10029164-00012
ATTACHMENT A
MAY 12 2004 16: 56 FR QWEST TECH REGULATORY3037079577 TO 912083858081
. Resource Request Information Page 1 of 1
Pooling Administration System
"'jgbarlo~qwest.com (SP)Sign Out
Request Resources
------..--.----.---.-- -.. ~----------,-.. -_._-- ---------'"_. - --.... _. .-- ..
State IDAHO
NP A 208
Rate Center MERIDIAN
..
OCN 9636-QWEST CORPORATION II
Type of Application Application for a full NXX for a Dedicated Customer
-------- ..._-- --.- ---..----- ....--.-.'-----"'---'.'---
( Continue I ( Canc~1 )
NOTE:
If you are selecting a Rate Center that is moving to a new NPA due to a split, PAS will automatically migrate
the request to the new NPA once the mandatory dialing date occurs.
ATTACHMENT A
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MAY 12 2004 16: 56 FR QWEST TECH REGULATORY3037079577 TO 912083858081
. Block Request Successful!Page 1 of
Pooling Administration System
4jgbarlo(Wqwestcom (SP)Sign Out
Request Full NXX (Dedicated Customer)
Do you already have a block/code in this rate center? ~ Yes 0 No
Will all blocks be activated on the same switch? (~) Yes () No
I Back I ( Continue ) I Cancel
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MAY 12 2004 16: 56 FR QWEST TECH REGULATORY3037079577 TO 912083858081
MTE Page 1 of 2
Pooling Administration System
4-jgbarto(i)qwestcotn (SP)
Months to Exhaust and Utilization Certification Worksheet. TN Level
Sign Out
Date Tuesday, May 4, 2004
OCN 9636
Company Name aWEST CORPORATION
Rate Center MERIDIAN
Ust all Codes NPA(s)-NXXs and Blocks NPA(s)-
NXX-X(s)
208-286-0, 208-286-7, 208-286-9, 208-288, 208-585-0, 208-585-2, 208-585-3, 208-
585-5, 208-585-6, 208-585-9, 208-706, 208-846, 208-855, 208-884, 208-887, 208-
888, 208-893, 208-895, 208-898, 208-922-1, 208-922-2, 208-922-3, 208-922-
208-922-5, 208-922-
Name of Block Applicant Mr Jacob Barlow
Title Code Administrator
Telephone Number [phone]
Fax Number [phone]
Mail Jacob.barlow~qwest.com
A. Available Numbers
.. '
15288
B. Assigned Numbers " 94704
C. Total Numbering Resources * 115000
D. Quantity of numbers activated In the past 90 days
and excluded from the Utilization calculation
List excluded Code(s) or Block(s)
E. Growth History - Previous 6 months2 "
Month 1 Month 2 129
Month 3 317 Month 4 650
MonthS.395-Month 6 224
F. Forecast - Next 12 months3 ."
Month 4Month 3
II-Month 2 290Month 0290
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MAY 12 2004 16: 56 FR QWEST TECH REGULATORY3037079577 TO 912083858081
MTE Page 2 of 2
304 320
Month 5 336 Month 6 352
Month 7 370 Month 8 389
Month 9 408 Month 1 0 428
Month 11 450 Month 12 472
G. Average Monthly Forecast (Sum of months # 1.6 (Part F above) divided by 6)1982.000
H. Months to Exhaust 4 (Numbers Available for Assignment to customers (A) / Average Monthly Forecast (G))
Block Requested
1 '
A. Available Numbers
15288
H. Months to Exhaust
713
I. Utilization (Assigned Numbers (B)) / (Total Numbering Resources (C) . Excluded Numbers
(0)) . 100 82.351
Explanation
1. A copy of this worksheet is required to be submitted to the Pooling Administrator when requesting additional
numbering resources in a rate center. For auditing purposes, the applicant must retain a copy of this document.
2. Net change in TNs no longer available for assignment in each previous month, starting with the most distant
month as Month #1, and Month #6 as the current month.3. Forecast of TNs needed in each following month, starting with the most recent month as Month #1.
4. To be assigned an additional thousands-block (NXX-X) for growth, UMonths to Exhaustll must be less than or
equal to 6 months. (FCC 00-1 04, ~ 52.15 (g)(3)(iii)).
5. Newly acquired numbers may be excluded from the Utilization calculation (FCC 00104, section 52.15 (g)(3)(ii))
Show Calculations
) (
Continue J (Cancel
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MAY 12 2004 16: 56 FR QWEST TECH REGULATORY3037079577 TO 912083858081
MTE Page 1 of 1
Pooling Administration System
.jgbarlo~qwest.com (SP)
Months to Exhaust and Utilization Certification Worksheet - TN Level (Continued)
Sign Out
Based on the information provided, you will not exhaust all blocks in the requested NXX in 6 months.
Select One Option and Submit
Return to the Months To Exhaust Form
()
Discard all the information provided for the request and start with a fresh Part 1A
(J State Waiver Option
( Submit) r Cancel
. .
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CONFIDENTIAL ATTACHMENT B
FILED UNDER SEPARATE COVER