Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Maribeth A. Bushey is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. In D.08-04-058, the Commission adopted a two-way geographic split plan for relief of the 760 area code.

2. On August 15, 2008, Assemblyman Martin Garrick and the Chambers of Commerce of Carlsbad, Encinitas, Escondido, San Marcos, Oceanside and Vista filed their Petition for Modification of D.08-04-058, which sought an overlay rather than the two-way geographic split for the 760 area code.

3. Public Participation Hearings on the Petition for Modification were held in Victorville on September 3 and Carlsbad on September 4, 2008. Notice of the Public Participation Hearings was widely distributed by the Commission's Public Advisor and Press Office, and the ruling setting the hearings was served on all cities, counties, and Chambers of Commerce in the 760 area code, totaling over 500 entities.

4. Public comment indicated a substantial preference for retaining existing telephone numbers despite the inconvenience of 10-digit dialing.

5. No hearing is necessary.

Conclusions of Law

1. The legal and factual analysis of the need for area code relief in the 760 numbering plan area as set forth in D.08-04-058 has not been challenged and remains valid.

2. Petitioners and public comment have presented evidence that justifies modifying the relief ordered in D.08-04-058 and adopting an area code overlay in place of the ordered two-way geographic split.

3. The Petition for Modification should be granted.

4. An all-services overlay to add a new area code, 442, to the same geographic region as the 760 area code is adopted.

ORDER

Therefore, IT IS ORDERED that:

1. The August 15, 2008, Petition for Modification submitted by Assemblyman Martin Garrick and the Chambers of Commerce of Carlsbad, Encinitas, Escondido, San Marcos, Oceanside, and Vista is granted.

2. An all-services overlay to add a new area code, 442, to the same geographic region as the 760 area code is adopted.

3. The code and thousand block holders in the new 442 area code shall comply with the education and implementation requirements adopted in today's decision.

4. The overlay for the 760 Numbering Planning Area shall be implemented pursuant to the following schedule:

DATE

EVENT

Saturday, May 2, 2009

Permissive Dialing begins

Saturday, October 24, 2009

Mandatory Dialing begins

Saturday, November 21, 2009

New 442 area code becomes effective

5. The Director of the Communications Division shall oversee implementation of the 760 area code overlay and a public education plan generally consistent with the most recent plan adopted in Decision 08-04-059 for the 818 area code overlay.

6. No later than 30 days after the effective date of this order, the code and thousand block holders in the 760 area code shall file and serve a compliance filing setting forth the final implementation plan and public education plan approved by the Director of the Communications Division.

7. Application 07-06-018 is closed.

This order is effective today.

Dated October 16, 2008, at San Francisco, California.

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