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HomeMy WebLinkAbout20070913final_order_no_30427.pdfOffice of the Secretary Service Date September 13 , 2007 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF QWEST CORPORATION FOR A WAIVER OF FCC THRESHOLD REQUIREMENTS FOR NUMBERING RESOURCES FOR BOISE, IDAHO CASE NO. QWE-07- ORDER NO. 30427 On August 22, 2007, Qwest Corporation filed a request for a Petition for Waiver regarding the denial of an application Qwest previously filed with NeuStar, the North American Number Plan Administrator (NANPA). On August 9 2007, Qwest submitted an application to NeuStar requesting an assignment of 10 000 numbers (10 blocks of 1 000 sequential numbers) to a significant Qwest customer. In its earlier application to NeuStar, Qwest requested the numbers in any 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 the number blocks available in the Boise rate center to meet the customer s request. Qwest made the request for the additional numbers to accommodate significant expansion of facilities by the customer. THE PETITION On August 9, 2007, Qwest submitted an automated worksheet to NeuStar via its online system to obtain numbering resources necessary to meet the demand of its customer in Boise, Idaho. Qwest's application was denied due to the "months to exhaust" (MTE) calculation for the Boise rate center. To be assigned an additional10 000-block (NXX-X) for growth, MTE must be less than or equal to six months. According to the application attached to Qwest's request, the MTE for the Boise rate center is 161 months. As provided in the Number Optimization Order and FCC regulations, the appropriate regulatory Commission "may affirm or overturn the NANP A's decision to withhold numbering resources from the carrier based on its determination of compliance with the reporting and numbering resource" requirement. 47 C.R. ~ 52.15(g)(3)(B)(iv). Qwest asserts in its Petition 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 ORDER NO. 30427 attachment from the customer. Qwest maintains that NANPA's denial of its numbering request impedes Qwest's ability to serve a major customer. STAFF ANALYSIS Staff has reviewed the request for waiver of the "months to exhaust" threshold requirements and notes that the customer is a single entity that asserts it needs these numbers as a result of expansion in its business. These numbers will be held solely by this requesting customer and will enable it to meet its 400 000-square-foot building expansion in Boise. Qwest participates in the 1 ,OOO-block pooling in the Boise rate center. Methods such as pooling and rate center consolidation help make number conservation efforts more effective and are designed to extend the time it takes to exhaust a rate center s number resources. After evaluating Qwest's request for its customer , Staff does not believe that granting the requested waiver will result in an inefficient use ofIdaho s numbering resources. DISCUSSON After reviewing Qwest's Petition and Staffs recommendation, the Commission finds that Qwest's Petition should be granted. It appears that the requested number assignment is . - . . necessary for Qwest to meet the needs of its customer. Granting the request will facilitate the customer s expansion in its Boise facility. Finally, because Qwest participates in number pooling, unused 1 000-blocks will be returned to the NANP A. In fact, the customer plans to return 1 000 of its existing numbers once the new numbers are put into service. Consequently, we find that it is reasonable to direct that NeuStar provide a new number assignment requested by Qwest to meet the customer s requirements. We also direct that any unused 1 000-blocks be returned to the NANP A within six months. ORDER IT IS HEREBY ORDERED that Qwest Corporation s Petition for Waiver of the FCC's numbering resource optimization requirements is approved. IT IS FURTHER ORDERED that NeuStar assign 10 sequential numbering blocks to Qwest so that Qwest may assign the numbers to the customer identified in its Petition. Any 000-block not used by the customer within six months must be returned to NeuStar. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) ORDER NO. 30427 days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-626. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 13 f1' day of September 2007. , PRESIDENT MARSHA H. SMITH, COMMISSIONER ISSIONER ATTEST: ~LGJe D. Jewell Commission Secretary O:QWE-07- ORDER NO. 30427