ALJ/TRP/hkr Mailed 8/29/2005

Decision 05-08-040 August 25, 2005

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking on the Commission's Own Motion into Competition for Local Exchange Service.	Rulemaking 95-04-043 (Filed April 26, 1995)
Order Instituting Investigation on the Commission's Own Motion into Competition for Local Exchange Service.	Investigation 95-04-044 (Filed April 26, 1995)

OPINION GRANTING PETITION TO MODIFY
DECISION 00-09-073

TABLE OF CONTENTS

Title Page

OPINION GRANTING PETITION TO MODIFY DECISION 00-09-073 33

I. Introduction 33

II. Background 44

III. Petition to Modify to Replace the Geographic Split With an Overlay 66

A. Position of Petitioners 66

B. Formal Parties' Responses to the Petition for Modification 88

C. Public Meetings Regarding 310 Area Code Changes 99

D. Discussion 1111

1. Replacement of the Geographic Split With an Overlay 1111

2. Overlay Implementation Schedule Issue 1717

a. Should Inventory Rules Be Adopted Before Setting a Schedule? 1717

b. Other Commission Actions to Extend the 310 Area Code Life 2020

c. Obligation to Provide Adequate Numbers
Within the 310 Area Code 2323

d. Adopted Schedule for Overlay Implementation 2626

E. Proposed Reservation of Blocks for New Entrants 3131

F. Public Education Program for the Overlay 3333

1. Background 3333

2. Adopted Scope and Standards 3737

3. Potential for Continuation of the PEP
Beyond the Overlay Opening Date 4040

4. Funding for the PEP 4141

IV. Comments on Draft Decision 4343

A. Coalition Claims Concerning Number Utilization Study 4444

B. Coalition Claims Concerning Additional Conservation Measures 4646

C. Statewide Policies on Area Code Relief 4747

D. Community Representation on the PEP Task Force 4848

E. "1+10-Digit" Dialing Requirements 4848

F. Seven-Digit Dialing Waiver 4949

G. Request to Shorten the PEP Implementation Period 5050

V. Assignment of Proceeding 5151

Findings of Fact 5151

Conclusions of Law 5454

ORDER 5656

APPENDIX A.........Elements of Overlay Public Education Plan

APPENDIX B..........Status of Remaining Number Blocks in 310 Area Code
(By Rate Center)

APPENDIX C..........Map of the 310 Numbering Plan Area

OPINION GRANTING PETITION TO MODIFY
DECISION 00-09-073

I. Introduction

By this decision, we approve a plan for the implementation of a new 424 area code in the form of an all-services overlay to the existing 310 area code under the terms set forth below. In taking this action, we rescind the previously adopted plan for a new area code in the form of a geographic split, and accordingly grant, in part, the "Joint Parties'"¹ Petition for Modification of Decision (D.) 00-09-073, filed on March 9, 2005. In D.00-09-073, the Commission adopted a "back-up plan" for a geographic split of the 310 Numbering Plan Area (NPA) as a contingency should it become necessary to prevent code exhaust, and as required under the authority delegated to this Commission by the Federal Communications Commission (FCC).

In conjunction with replacing the geographic split with an overlay, we also conclude that implementation of the new area code cannot be delayed any longer without jeopardizing customers' access to telephone numbers from the carrier of their choice. A timely start of implementation of the overlay is important to ensure that consumers continue to have access to line numbers from their carrier of choice by replenishing the stock of telephone numbers available within the 310 area code region. Accordingly, we direct the implementation of the new area code overlay to commence immediately. A map of the 310/424 area code boundaries is presented in Appendix C. Under the new overlay plan, all calls within the 310/424 overlay region must include the three-digit area code and seven-digit line number. Customers may begin using this dialing pattern on a permissive basis beginning on December 31, 2005. Customers must begin using the 10-digit dialing pattern on mandatory basis on July 26, 2006. New numbers will begin to be issued using the new 424 area code on or after August 26, 2006.

The 310/424 overlay will constitute the first use of this form of area code relief within the State of California. Given the novelty of the overlay area code, an effective publicity and education program will be essential in fostering the success of this new form of area code relief, as ordered herein.

¹ The Joint Parties sponsoring the Petition are Cingular Wireless, Nextel of California, Inc., SBC California, Sprint, T-Mobile, Verizon Wireless, and Verizon California Inc.