ALJ/TRP/hkr DRAFT Agenda ID #4808

8/25/2005 Item 60

Decision DRAFT DECISION OF ALJ PULSIFER (Mailed 7/25/2005)

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 22

I. Introduction 22

II. Background 33

III. Petition to Modify to Replace the Geographic Split With an Overlay 55

A. Position of Petitioners 55

B. Formal Parties' Responses to the Petition for Modification 77

C. Public Meetings Regarding 310 Area Code Changes 88

D. Discussion 1010

1. Replacement of the Geographic Split With an Overlay 1010

2. Overlay Implementation Schedule Issue 1616

a. Should Inventory Rules Be Adopted Before Setting a Schedule? 1616

b. Other Commission Actions to Extend the 310 Area Code Life 1919

c. Obligation to Provide Adequate Numbers
Within the 310 Area Code 2222

d. Adopted Schedule for Overlay Implementation 2525

E. Proposed Reservation of Blocks for New Entrants 3030

F. Public Education Program for the Overlay 3232

1. Background 3232

2. Adopted Scope and Standards 3636

3. Potential for Continuation of the PEP
Beyond the Overlay Opening Date 3939

4. Funding for the PEP 4040

IV. Comments on Draft Decision 4242

V. Assignment of Proceeding 4343

Findings of Fact 4343

Conclusions of Law 4646

ORDER 4747

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. Under the new overlay plan, all calls within the 310/424 overlay region must include a "1" followed by 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 1+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.