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HomeMy WebLinkAbout20060828_1643.pdfDECISION 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