IV. Discussion
The issue before us is whether 8-digit dialing is feasible. If we find that 8-digit dialing is feasible, then we must decide whether to open a proceeding to consider if 8-digit dialing should be adopted.
A threshold issue in deciding if 8-digit dialing is feasible is whether the FCC's requirement for mandatory 10-digit dialing in overlay regions precludes the use of 8-digit dialing. If the FCC does not allow 8-digit dialing, then we may conclude that 8-digit dialing is not feasible, and there is no need for us to examine other issues pertaining to the feasibility of 8-digit dialing (e.g., whether 8-digit dialing can be implemented at a reasonable cost and without undue customer confusion).
We have carefully reviewed the FCC's orders and regulations pertaining to the 10-digit dialing. Based on this review, we find that the FCC's requirement for mandatory 10-digit dialing for all calls within an overlay region precludes the use of 8-digit dialing on either a standalone basis or as an adjunct to 10-digit dialing.7 While we have some doubts about the FCC's authority to preclude the States from adopting 8-digit dialing as an adjunct to 10-digit dialing, it would be problematic for the Commission to require telephone companies to implement 8-digit dialing when the FCC prohibits telephone companies from providing this very service.8 Until we have clear authority to require telephone companies to offer 8-digit dialing, 8-digit dialing is not a feasible option.
Since we find that 8-digit dialing is not feasible, there is no need to open a proceeding to consider if 8-digit dialing should be adopted. But even if 8-digit dialing were feasible, it is premature to consider whether to adopt 8-digit dialing. There are no overlays in California, and it is possible that there never will be overlays in California due to the significant disadvantages of overlays.9 Until there is a firm prospect for an overlay in California, the issue of whether to adopt 8-digit dialing is not ripe for consideration.10 Further, since adoption of 8-digit dialing is not ripe for consideration, we decline to adopt Yablon's suggestion that we formally petition the FCC for authority to implement 8-digit dialing.
7 47 C.F.R § 52.19(c)(3)(ii); FCC 00-429, ¶70; FCC 99-243, ¶¶ 3, 8, 28-45; FCC 99-122, ¶¶ 107, 122-126; FCC 96-333, ¶¶ 20, 286-87, 315-317; and DA 00-477, DA 98-2141, DA 98-1434, and DA 97-675. 8 We are not persuaded by Yablon's argument that the Commission has authority to implement 8-digit dialing since the impact of the 8-digit dialing is entirely intrastate. The FCC has asserted jurisdiction over dialing patterns in overlay regions, which makes the Commission's assertion of jurisdiction over this matter problematic. 9 The Commission has repeatedly found that overlays have significant disadvantages. (See, for example, the following: D.96-12-086, Finding of Fact (FOF) 24; D.97-09-050, mimeo., pp. 4-5; D.97-12-100, mimeo., p. 3; D.98-05-021, mimeo., pp. 35-36; D.98-06-018, mimeo., pp. 18, 20; D.98-10-061, mimeo., pp. 4-5; D.99-03-059, mimeo., pp. 22-23; D.99-07-017, FOFs 16-18; D.99-09-067, mimeo., pp. 1, 8, 9, 11, and 19; D.99-10-022, mimeo., pp. 4, 5, 14, 15, and 16; D.99-12-049, mimeo., pp. 25, 26, and 27; D.99-12-051, mimeo., pp. 1, 2, 6, 7, 9, 20, and 21; D.00-01-023, mimeo., pp. 7, 8, 9, and 10; D.00-03-057, mimeo., pp. 5 and 6; and D.00-09-073, mimeo., pp. 5, 6, 7, and 8.) 10 Overlays have been implemented in several other States. If 8-digit dialing offers significant advantages as Yablon claims, there may be an opportunity for telephone companies to develop a custom calling service that allows subscribers to "speed dial" 10-digit telephone numbers using 8-digit dialing. A similar opportunity may exist for the suppliers of customer premises equipment to develop and market equipment that provides 8-digit dialing.
