20040319_783.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL STAFF
FROM:WELDON STUTZMAN
DATE:MARCH 17, 2004
RE:CASE NO. GNR- T -04-1, PETITION OF IDAHO TELEPHONE
ASSOCIATION FOR SUSPENSION OF NUMBER PORTABILITY
REQ UIREMENTS
On February 5, 2004, the Idaho Telephone Association (IT A) filed a Petition on behalf
of 16 of its members requesting a six-month suspension of the requirement that the companies
provide local number portability (LNP) from wireline-to-wireless carriers. In an order issued
November 10, 2003 , the Federal Communications Commission requires that incumbent LECs in
rural areas implement LNP no later than May 24, 2004. Local exchange carriers with fewer than
2% of the nation s subscriber lines, however, may petition a state commission for modification or
suspension of the portability requirements. ITA's petition states that the member companies are
pursuing an economical and technically feasible way to provide LNP, but that a system upgrade is
required. The companies plan to provide number portability through shared equipment and services
provided by Syringa Networks, LLC, but that Syringa needs to convert its switch to a tandem
switch. The petition states that the conversion is underway but that it cannot be completed prior to
the May 24, 2004 deadline.
On February 20, 2004, the Commission issued a Notice of Petition and Notice of
Modified Procedure to process ITA's petition. Written comments were filed by the Commission
Staff and WWC Holding Company, Inc., doing business in Idaho as Cellular One, but is commonly
referred to as Western Wireless. In its comments, the Staff generally supports ITA's petition for a
six-month suspension. Staff noted that the plan to have a third party enable the companies to
provide LNP is unique, and Staff expressed concern that the number portability provided by Syringa
be the same as if each ITA member provided LNP itself. Staff recommended the IT A submit a
DECISION MEMORANDUM
written update to the Commission no later than August 24, 2004, regarding the progress to
implement number portability for its member companies.
In its comments, Western Wireless "commends ITA members for considering an
innovative approach to cost effectively implementing LNP.Western Wireless nonetheless
expressed concern about the delay in implementing LNP by the IT A member companies, noting that
the FCC has concluded that suspension is only appropriate under unique and compelling
circumstances. Western Wireless conditionally supports approval of ITA's petition, and
recommends the Commission condition approval on specific requirements:
1. That the temporary suspension last no later than 180 days from the Commission
order or November 24, 2004;
2. IT A members file monthly updates on the progress toward implementing wireline-
to-wireless LNP and hold informational meetings with interested parties within one week of each
monthly update filing;
3. ITA members agree to implement wireline-to-wireless number portability consistent
with North American Numbering Council recommendations, and agree to work with wireless
carriers to establish porting processes and procedures to ensure timely and accurate completion of
porting requests;
4. ITA members establish porting processes and procedures no later than August 30
2004, or two months prior to wireline-to-wireless porting implementation, whichever is earliest, and
file the processes and procedures with the Commission;
5. ITA members agree to implement wireline-to-wireless number portability consistent
with all applicable rules.
Commission Decision
Does the Commission approve the petition of the IT A, on behalf of 16 LECs, to suspend
local number portability requirements from wireline-to-wireless carriers to no later than
November 24, 2004? If so, should the suspension be conditioned on any or all of the specific
recommendations made by Staff and Western Wireless?
Weldon Stutzman
Vld/M:GNRTO41 ws2
DECISION MEMORANDUM