20060825Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:AUGUST 18,2006
RE:QWEST REQUEST FOR WAIVER OF THRESHOLD REQUIREMENTS
FOR NUMBERING RESOURCES FOR BOISE. CASE NO. QWE-06-16.
BACKGROUND
On August 17, 2006, Qwest Corporation filed a request for a waiver regarding denial of
an Application Qwest filed with NeuStar, the North American Numbering Plan Administrator
(NANP A). In its earlier Application to NeuStar, Qwest requested a central office code (NXX) to
meet the growing requirements of a customer whose identity the Company has requested remain
confidential. Qwest's request included as a confidential attachment, a letter from the business
identifying its reasons for requesting the additional numbers. Qwest made the Application to
NeuStar because it does not have an entire discrete prefix available in the Boise rate center to
meet the customer s request.
On August 8 , 2006, NeuStar denied Qwest' s NXX request on the grounds that Qwest had
not met the months to exhaust (MTE) criteria as set forth in the NANP A' s guidelines for each
rate center. Qwest asserts in its Application to this Commission that the FCC's "safety valve
process permits a waiver of the kind it requested when there is a demonstrated need such as that
identified in the confidential attachment from the customer.
STAFF ANALYSIS
Staff agrees with Qwest that, according to FCC Orders and numbering guidelines
carriers can appeal NANP A decisions of this nature to the appropriate state regulatory authority.
The Commission has granted similar waivers in the past for specific customer requests. (See
Order Nos. 28769 and 29279).
DECISION MEMORANDUM - 1 -AUGUST 18 , 2006
The Application indicates the customer will need these numbers starting in November
2006, and will begin planning for their use as soon as this Request for Waiver is granted and the
numbers are released.
RECOMMENDATION
Staff recommends that Qwest's request for a waiver regarding denial of an Application
Qwest filed with the NeuStar be granted so that it may provide the requested block of numbers to
its customer. Staff also recommends that Qwest continue to follow FCC numbering guidelines
by assigning numbers in 1000 blocks as demand requires before opening new 1000 blocks within
the newly assigned prefix. Further Staff recommends that Qwest remind its customer that
unused 1000 blocks will be returned to the NANP A.
COMMISSION DECISION
Should Qwest' s request for a waiver to provide a new NXX to a confidential customer be
approved?
i:udmemos/qwest NXX request dm
DECISION MEMORANDUM - 2 -AUGUST 18, 2006