7. Assignment of Proceeding

Mark J. Ferron is the assigned Commissioner and Seaneen M. Wilson is the assigned ALJ in this proceeding.

1. The NANPA, on behalf of the industry, filed A.11-06-008, in which it requests relief for the 408 area code.

2. While the FCC holds full responsibility over all numbering issues, it has delegated area code relief responsibilities to the states. On behalf of the State of California, the Commission is responsible for proactively monitoring area code relief planning, and oversees the integrity and competitive neutrality of the industry relief planning process.

3. The NANPA's primary responsibilities are to ensure numbering resources are available to the telecommunications industry in the United States and Canada. The NANPA assigns those resources in the form of area codes and prefixes; tracks their use to ensure effective and efficient utilization; and, on a semi-annual basis, forecasts the life of each area code. When an area code runs out of prefixes available for assignment, this is identified as "exhaust."

4. When the NANPA determines that an area code is near the point of exhaust, it, as a neutral third party, initiates and coordinates the planning process for resolving the forecasted exhaust of available prefixes, which is known as relief planning. Such relief planning, which includes the introduction of a new area code in the area code facing a forecast exhaust, normally begins three years prior to the forecasted exhaust is due to occur.

5. After informing the Commission of the forecasted exhaust in an area code, the NANPA convenes a meeting with the industry in order to identify viable solutions to the forecast exhaust. The industry is required to follow regulations established by the FCC and the Commission, and follow industry guidelines.

6. After feasible alternatives, such as overlay or split, are developed by the industry, the industry group then strives to reach consensus on the best plan to resolve the forecast exhaust in the area code in question.

7. CD staff then schedules Public Participation Meetings to inform local jurisdictions as well as the public and to receive public comment about the new area code alternatives. Representatives of the CD staff, the NANPA, and the telecommunications industry are present at these meetings in order to provide information to the public.

8. After the Public Participation Meetings, the NANPA submits an application to the Commission, on behalf of the industry, requesting authority to implement the industry's consensus solution. After the Commission has made its decision, telecommunications service providers are required to implement the new area code within a specified period.

9. An NPA, also known as an area code, is the first set of three digits of a telephone number. An area code normally represents a geographic area within a country.

10. A prefix, also known as a CO code, is the second set of three digits of a telephone number. Prefixes are assigned to rate centers within an area code. Each prefix consists of 10,000 line numbers.

11. An area code is divided into rate centers. Since a prefix cannot begin with the numbers 0 and 1, and there are special prefixes such as 211, 411, and 911, each area code has 784 prefixes available for public use. As of November 4, 2010, there were 47 prefixes remaining in the 408 area code.

12. 1+10 digit dialing is required in California, and requires a customer to dial the number one as well as all ten digits of the phone number, including the area code, prefix, and line number, when dialing to a different area code.

13. In June 1959, the 408 area code was created by splitting the 415 area code.  The 408 area code is located predominantly in Santa Clara County, as well as neighboring cities and small unincorporated portions of Alameda and Santa Cruz Counties.

14. In 1999 San Benito County and most of Monterey County and Santa Cruz County were split from the 408 and assigned the 831 area code.

15. In D.98-11-065, we approved an overlay in the 408 area code, which was subsequently suspended by D.99-12-051.

16. For over 10 years, the 408 area code has been held in jeopardy and rationing has been in force.

17. Thousand-block number pooling and other conservation measures have extended the life of the 408 area code and delayed the need for relief in the 408 area code.

18. The conservation measures in use in the 408 area code have run their course, and the 408 area code is forecast to exhaust in the first quarter of 2013.

19. An all-services overlay would superimpose a new area code over the same geographic area covered by the existing area code. Existing customers would not have to change their area code or phone number.

20. The all-services overlay option for resolving a forecast exhaust in the 408 area code has a projected life of 36 years.

21. The split option would geographically divide the 408 area code into two area codes. Area A would include San Jose:North Da, San Jose:South Da, San Antonio, Morgan Hill, San Martin, and Gilroy; and Area B would include Sunnyvale, San Jose:West Da, Campbell, Saratoga, and Los Gatos. All customers in the new area code would need to change their area code.

22. Area A of the split option has a projected life of 39 years and Area B has a projected life of 32 years.

23. Pursuant to Pub. Util. Code § 7931(e)(2), the Commission staff must conduct Public Participation Meetings in order to inform the representatives of the local jurisdictions and the public about the proposed area code relief options and the potential impact of the se options.

24. These Public Participation Meetings were held on March 15-18 in San Jose, Los Gatos, and Morgan Hill. CD staff also provided the public with a weblink, enabling customers to also comment on line as well as in person at the meetings.

25. As of April 7, 2011, the Commission had received a total of 165 responses, of which 142 are in favor of the overlay option and 13 are in favor of the split. The Commission also received five responses from local and state government, of which three are in favor of the overlay option, and two in favor of the split option.

26. By July 13, 2011, the Commission had received a total of 247 responses, which consisted of 204 responses in favor of the overlay option, 41 in favor of the split option, and two in favor of an alternative other than an overly or a split.

27. Pursuant to Pub. Util. Code § 7936, before approving any new area code, the Commission shall direct NANPA to obtain utilization data for any area code for which a change is proposed.

28. Pursuant to § 7943(a), where there is no reasonable alternative other than to create a new area code, the Commission must do so in a way that creates the least inconvenience for customers.

29. Pursuant to Pub. Util. Code § 7943(c), the Commission shall perform a telephone utilization study and implement all reasonable telephone number conservation measures.

30. The application proposes to conduct a PEP, but includes no information about how it should be designed or implemented.

31. PEP's were authorized in D.08-04-059 and D.08-10-038.

32. No protests have been received.

1. In compliance with Pub. Util. Code § 7931(e)(2), CD staff and the NANPA conducted meetings for both representatives of local jurisdictions as well as the public in order to inform them of the area code change options and provide an opportunity to voice their opinions.

2. In compliance with Pub. Util. Code § 7936, the NANPA and the industry considered the 2010 and 2011 NRUFs in determining a consensus recommendation to resolve the forecast exhaust in the 408 area code.

3. In compliance with to Pub. Util. Code § 7943(c), the Commission has, for over ten years, implemented all reasonable telephone number conservation and rationing measures in the 408 area code.

4. The all services overlay option should cause the least inconvenience for consumers and is the option preferred by the industry and the majority of responding customers and local and state government in the 408 area code.

5. In compliance with to Pub. Util. Code § 7943(a), the Commission should adopt the overlay option to resolve the exhaust forecast for the 408 area code.

6. The implementation schedule requested by the NANPA will provide enough time for implementation of the overlay to occur prior to the exhaust, which is forecast to occur in the 408 area code. This schedule should be adopted.

7. A PEP that is generally consistent with that adopted in D.08-04-059 and D.08-10-038 (see Attachment A to this decision) should be adopted herein.

8. Subject to the approval of the Director of CD, the telecommunications service providers operating in the current 408 area code should develop a detailed PEP that is generally consistent with the plan adopted in D.08-04-059 and D.08-10-038 (see Attachment A to this decision).

9. The CD Director should be authorized to oversee the implementation of the PEP and should require all actions necessary to achieve a 70% awareness level of the overlay in all major customer and telephone user groups. Such actions may include: additional educational efforts, obtaining outside professional services, reviewing and approving all educational materials, overseeing the customer awareness assessment process, and requiring any needed additional funding from the carriers.

10. The final PEP, approved by the CD Director, should be filed and served as a compliance filing in the current proceeding, no later than 30 days after the effective date of this decision. The filing of this compliance filing should not reopen the record of this proceeding.

11. A public hearing is not necessary.

12. This proceeding should be closed.

ORDER

IT IS ORDERED that:

1. The proposed all-services overlay of the 669 area code in the 408 area code is adopted.

2. The following schedule for implementing the overlay of the 669 area code in the 408 area code, requested by the North American Numbering Plan Administrator, is adopted.

3. A public education program that is generally consistent with the plans adopted in Decision (D.) 08-04-059 and D.08-10-038 is adopted for the all-services overlay for the 408 area code (see Attachment A to this decision).

4. Subject to the approval of the Director of the Commission's Communications Division, the telecommunications service providers operating in the current 408 area code must develop a detailed public education program that is generally consistent with the plan adopted herein. The Director of the Commission's Communications Division is authorized to oversee the implementation of the public education program and must require all actions necessary to achieve a 70% awareness level of the overlay in all major customer and telephone user groups. Such actions may include: additional educational efforts, obtaining outside professional services, reviewing and approving all educational materials, overseeing the customer awareness assessment process, and requiring any needed additional funding from the carriers.

5. The final public education program approved by the Director of the Communications Division must be filed and served as a compliance filing in the current proceeding, no later than 30 days after the effective date of this decision. That filing does not reopen the record of this proceeding.

6. Application 11-06-008 is closed.

This order is effective today.

Dated October 20, 2011, at San Francisco, California.

ATTACHMENT A

Matrix of Public Education
Program Authorized in Decision 08-04-059

Activity

Description

Audience

Shared or Individual Service Provider Effort

Start Date

Completed Date

1

Effective date of decision approving 408 area code overlay

NA

NA

 

Decision date (DOD)

2

NANPA 408 implementation meeting

CPUC Staff and Industry

Shared

 

2nd Tuesday after DOD

3

Email to industry asking for participation on task force & subcommittees

Industry

Shared

 

3 weeks after DOD

4

Overlay information distributed internally as job aid for customer service representatives to answer customer questions. Representatives should not need to refer questions to the CPUC.

Customer service representatives

Individual

 

1 month after DOD

5

408 overlay update to industry websites

All customers

Individual

 

4 months after DOD

6

News release describing 408 area code relief plan for distribution within the 408 area code including chambers of commerce and local governments

All customers

Shared

 

4 months after DOD

7

Notify California Relay Services to send messages alerting customers to 1 + 10 digit dialing requirement in 408/669 area codes

Hearing impaired customers

Shared

 

5 months after DOD

8

Customer Notification No. 1: Announce the new area code plan. Include information about 1 + 10-digit dialing and indicate affected areas

All customers

Individual

 

5 months after DOD

9

Provide letters with the information in Customer Notification No. 1, as well as PEP Task Force contact information and an offer to provide industry speakers, to senior, consumer and other advocacy/activist organizations, chambers of commerce, city councils and other key government agencies, airports, alarm service providers and public safety organizations through the 408 area code.

Senior, consumer and other advocacy/activist organizations, chambers of commerce, city councils and other key government agencies, Burbank airport, alarm service providers and public safety organizations

Shared

 

5 months after DOD

10

Provide targeted information to schools by letter, sticker and worksheet. Timing may be modified to accommodate the school year.

Schools

Shared

5 months after DOD

7 months after DOD

11

Begin Permissive Dialing

 

 

6 months after DOD on Saturday

12 months after DOD

12

Published Directories: Add information on cover to alert customers in 408 area code

All customers

Individual

 

9 months after DOD

13

Offer industry appearances on local radio and TV talk shows

All customers

Shared

3 1/2 months after DOD

9 months after DOD

14

Correct payphone signage to include updated dialing instructions

All customers

Individual

 

11 months after DOD

15

News releases to media serving 408 area code and adjacent area codes and statewide regarding start of mandatory dialing

Statewide

Shared

 

11 months after DOD

16

Disseminate information in relevant zoned editions of major newspapers, ethnic media, radio and television through paid advertising. (Note: The bulk of the information should be disseminated in the three weeks preceding the beginning of mandatory 1+10 digit dialing.)

All customers

Shared

9 months after DOD

11 months after DOD

17

Offer industry appearances on local radio or TV talk shows

All customers

Shared

9 months after DOD

11 months after DOD

18

Customer Notification #2. Announce the new area code plan. Include information about mandatory 1 + 10 digit dialing and indicate affected areas.

All customers

Individual

 

11 months after DOD

19

Provide letters with the information in Customer Notification No. 2, as well as PEP Task Force contact information and an offer to provide industry speakers, to senior, consumer and other advocacy/activist organizations, chambers of commerce, city councils and other key government agencies, airports, alarm service providers and public safety organizations through the 408 area code.

Senior, consumer and other advocacy/activist organizations, chambers of commerce, city councils and other key government agencies, Burbank airport, alarm service providers and public safety organizations

Shared

 

11 months after DOD

20

Complete implementation of recorded message announcing mandatory dialing

All customers

Individual

 

11 months after DOD

21

Conduct a balanced and statistically significant survey of customers in 408 area code, including elderly, disabled and non-English speakers, to determine level of awareness of overlay and dialing change and submit the results to the Director of the Telecommunications Division. The proposed survey methodology shall be submitted to the Director of the Telecommunications Division for approval prior to implementation.

All customers including the elderly, disabled, non-English speakers

Shared

 

11 months after DOD

22

Begin Mandatory Dialing

 

 

12 months after DOD on Saturday

 

23

669 numbers assigned and implementation completed

 

 

13 months after DOD, 1 month after mandatory dialing

 

(END OF ATTACHMENT A)

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