20190204final_order_no_34238.pdf

Office of the Secretary
Service Date
February 4,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF TELEPORT )COMMUNICATIONS AMERICA,LLC )CASE NO.TCS-T-19-01
PETITION FOR A SAFETY VALVE )
WAIVER OF FCC THRESHOLD )ORDER NO.34238
REQUIREMENTSFOR NUMBERING )RESOURCES IN THE CALDWELL RATE )
CENTER )
On January 22,2019,Teleport Communications America,LLC ("TCAL"or
"Company")petitioned the Idaho Public Utilities Commission ("Commission")for a waiver of
the Federal Communications Commission's ("FCC")guidelines for numbering resources in the
Caldwell rate center.See TCAL Petition.Having reviewed the record,the Commission enters
this Order granting the Company's Petition.
THE PETITION
On December 21,2017,the Company requested three consecutive one-thousand
blocks of numbers for its customer in the Caldwell rate center from the NeuStar Pooling
Administration ("PA").Id.at 1.The Company's NeuStar Application was denied because it did
not meet the months-to-exhaust and/or utilization requirements,which,according to the denial,
exceeded FCC guidelines.Id.The Company further stated that it currentlyowns only 208-504-
1 with approximately 860 numbers available,therefore,without a new code and exception,it is
unable to satisfy the numbering needs of its customer.Id.
TCAL's Petition appealing the PA's decision to deny its application for the additional
numbering resources was made pursuant to 47 C.F.R.§52.15(g)(4),the Thousands-Block
Number (NXX-X)Pooling Administration Guidelines and the Central Office Code (NXX)
Assignment Guidelines published by the IndustryNumbering Committee ("INC").Id.
STAFF ANALYSIS
Staff reviewed the request for the Safety Valve waiver of the months to exhaust and
utilization threshold requirements and believes it is reasonable for the customer's business plan.
Staff thus recommended that the waiver request for the three consecutive one-
thousand blocks of numbers be granted to TCAL for its customer in the Caldwell rate center.
ORDER NO.34238 1
DISCUSSION AND FINDINGS
Federal regulations allow a carrier to appeal a North American Numbering Plan
Administrator ("NANPA")decision to withhold numbering resources.The Commission "may
affirm,or may overturn,the NANPA's decision to withhold numbering resources from the
carrier based on its determination that the carrier has complied with the reporting and numbering
resource"requirements.See 47 C.F.R.§52.15(g)(5).The Commission may also overturn
NANPA's decision "based on its determination that the carrier has demonstrated a verifiable
need for numbering resources and has exhausted all other available remedies."See 47 C.F.R.§
52.15(g)(3)and (4).
After reviewing the Company's Petition and Staff's recommendation,the
Commission finds that the Petition should be granted.The Company has a verifiable need of the
requested number resources so that it may provide service to a specific large scale customer.We
also find that the assignment will not detrimentallyaffect number resources for the Caldwell rate
center.
We thus find it is reasonable to direct that the PA provide the new numbering
resources requested by the Company to meet its customer's requirements.Specifically,three
consecutive one-thousand blocks of numbers should be granted to TCAL,and,because there are
not currentlythree contiguous blocks in the Caldwell inventory,a new code should be opened.
ORDER
IT IS HEREBY ORDERED that the Company's Petition for waiver of the FCC's
numbering guidelines is granted.
IT IS FURTHER ORDERED that three consecutive one-thousand blocks of numbers
should be granted to TCAL in the Caldwell rate center.
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)
days after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §61-626.
ORDER NO.34238 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2019.
PAUL KJELLA DER,PRESIDENT
KRISÌINERAPER,CØMMISSIONER
ERIC ANDERSON,COMÙISSIONER
Diane M.Hanian
Commission Secretary
I:\Legal\TELEPHONE\TCS-T-19-01\TCSTl901sc.doc
ORDER NO.34238 3