Findings of Fact

1. By D.99-09-067, the Commission suspended the previously authorized 310/424 area code overlay, and instituted a program of number pooling and related measures to address the need for number resources in the 310 NPA.

2. Under FCC requirements, a back-up area code relief plan must be adopted where the Commission has instituted a number pooling program to defer the need for a new area code, and the Commission must be prepared to implement the back-up plan prior to NXX exhaustion.

3. The record previously developed as a basis for D.98-05-021 produced an industry-proposed relief plan (Alternative 1A) which would provide for a two-way geographic split of the 310 NPA.

4. Even if an overlay could be implemented which avoided mandatory 1+10-digit dialing, the remaining infirmities of an overlay would still exist, such as the loss of unique geographic identification with an area code and anticompetitive dialing disparities.

5. Present Commission policy and FCC rules prohibit implementation of an overlay without a requirement for mandatory 1+10-digit dialing.

6. A seven-month advance notice to carriers would permit lead time for an expedited implementation of the Alternative 1A geographic split, providing for completion of events as set forth in OP 4 below.

7. Since Pacific has the most switches and most complex network, its conversion time represents a critical overall time constraint for switch conversion and E-911 reconfiguration to accommodate the 310/424 NPA geographic split.

8. Before the permissive dialing period for the 424 NPA can begin, switch conversions and E-911 reconfigurations need to be completed first.

9. A three-month permissive dialing period will provide the necessary time for customers to become acquainted with the new area code while expediting the waiting period before new NXX codes can become available to carriers and their customers.

10. A mandatory dialing period of two months is the shortest time that can be accommodated before carriers can begin to assign new numbers from the new NXX prefixes created as a result of the 310/424 NPA split.

11. In order to mitigate adverse impacts on customers from the shortened transitional period to prepare for the new area code, careful attention needs to be paid to effective customer outreach and notice concerning the new area code.

12. The greatest efficiencies from number pooling are realized when it is implemented early in the life of the NPA while many NXX codes remain unassigned and uncontaminated.

13. On March 16, 2000, TD issued its "Report on the 310 NPA" (Report) in compliance with the directive of D. 99-09-067.

14. As reported by TD, there were approximately three million unused numbers as of November 1999.

15. Of the three million unused numbers in the 310 NPA, only 466,000 were identified as belonging to wireless carriers.

16. Since wireless carriers are not able to participate in the current 310 NPA number pool, they must continue to rely on the semi-monthly 310 NPA lottery of NXX codes to meet their numbering needs.

17. The reported results of the Report reflect only the representations of carriers, and have not yet been verified by an independent audit.

Conclusions of Law

1. A geographic split of the 310 NPA should be adopted as a back-up plan, using the boundaries and rate center designations for the new area code as previously identified as Alternative 1A in D.98-05-021.

2. In conformance with FCC requirements, the adopted backup relief plan must allow sufficient time for implementation to be completed before all NXX codes in the 310 NPA have been exhausted.

3. Prior to adopting any schedule to implement the 310 NPA back-up plan, an independent audit should be conducted of the number utilization data underlying the TD Report on the 310 NPA that was issued in March.

4. The trigger mechanism to initiate implementation of the 310 NPA back-up plan as outlined in this order should not be put into place until the Commission reviews the audit findings concerning 310 NPA number utilization, and determines that it is advisable to order the trigger mechanism to take effect.

5. The Commission has previously determined in D.99-09-067 that number pooling and related conservation measures offer a means of significantly extending the life of the 310 area code by making more efficient use of existing numbering resources while deferring opening a new area code.

6. An advance notice period of eight months prior to code exhaustion should provide sufficient lead time to implement Alternative 1A as a back-up plan, providing for customer notice as set forth in OP 4.

7. Carriers should begin immediately with any necessary network conversions and E-911 reconfigurations in order to be prepared for the beginning of permissive dialing when it is ordered.

8. To provide sufficient time to implement the back-up plan, we reserve the option of considering more stringent rationing, if necessary, to extend the 310 NPA life.

9. The implementation of the 310/424 NPA geographic split should in no way diminish the priority the Commission has placed on implementing number pooling and the other related number conservation measures outlined in D.99-09-067.

ORDER

IT IS ORDERED that:

1. Alternative 1A, the two-way geographic split option for the 310 Number Plan Area (NPA) previously presented by the industry is adopted as a back-up relief plan pursuant to Federal Communications Commission requirements.

2. The implementation of a scheduling mechanism for the 310 NPA back-up plan shall be deferred pending receipt of an independent audit of the code utilization data reported by carriers underlying the "Report on 310 NPA" presented by the Telecommunications Division in March 2000. The Telecommunications Division Director shall notify the assigned Commissioner, and the assigned ALJ by letter at any point where it is determined that code exhaustion is imminent within eight months.

3. An independent audit of 310 NPA number utilization data underlying the "Report on 310 NPA" presented by the Telecommunications Division in March 2000 shall be conducted by Commission staff. The staff audit shall determine the reliability and integrity of the underlying data and confirm that it properly conforms to state and federal reporting requirements.

4. The staff shall present an audit report on its findings to be filed and served on parties of record by November 17, 2000. Parties shall have 10 days to file any responses to the findings of the audit report.

5. The Commission shall be prepared to implement the following scheduling mechanism as set forth in the ordering paragraphs below in the event that the audit findings form a basis to conclude that such scheduling should proceed.

6. The Assigned Commissioner shall, by letter, authorize and direct the North American Numbering Plan Administration (NANPA), after confirmation from the Telecommunications Division (TD), to notify 310 NPA code holders to proceed with implementation of the Alternative 1A geographic split in the event that the 310 NPA is determined by TD to be eight months away from exhaustion.

7. When or if the NANPA's advance notice to implement the back-up plan is given to 310 code holders, the following schedule of events shall apply:

a. No later than two months after the NANPA notification, carriers shall send a separate direct mailing to their customers notifying them of the adopted plan to split the 310 area code, and informing them about the boundaries and NXX prefixes to be covered by the new area code, and the dates for permissive and mandatory dialing;


b. Two months after the NANPA's notification to code holders, the permissive dialing period for the new 424 area code shall officially begin, continuing for three months;


c. A subsequent two-month mandatory dialing period shall thereafter follow.

5. Three months prior to the end of mandatory dialing, a subsequent customer notice shall be sent by bill insert to customers in the 310 NPA, providing a reminder concerning the implementation schedule for the new 424 area code, and the areas covered by the new area code.

6. The Telecommunications Division, Public Advisor and Consumer Services Division shall monitor carriers' customer notification process concerning the new area code split and to advise the assigned Commissioner in the event that further customer outreach efforts need to be ordered.

7. Carriers shall begin immediately with any necessary network conversions and E-911 reconfigurations to be completed within nine months in order to be prepared for the beginning of permissive dialing when it is ordered.

8. The assigned ALJ shall issue a ruling to take comments on a process for the implementation of thousand-block number pooling in the 424 NPA concurrently with its opening.

This order is effective today.

Dated September 21, 2000, at San Francisco, California.

LORETTA M. LYNCH

President

HENRY M. DUQUE

RICHARD A. BILAS

CARL W. WOOD

Commissioners

I dissent.

/s/ JOSIAH L. NEEPER

Commissioner

I will file a concurrence and partial dissent.

/s/ HENRY M. DUQUE

Commissioner

Commissioner Henry M. Duque, concurring:

For some time, proceedings concerning numbering issues have led me to file dissents. These dissents noted that our decisions failed to comply with federal law and the regulations of the Federal Communication Commission. My dissents further stated that our numbering policies would fail to provide numbers to consumers who need them. Today, however, I find that I can largely support this order.

First, today's order adopts a back-up plan to provide relief to the 310 area code. The back-up plan would split the 310 area code along Imperial Highway, with everyone to the south getting the new area code of 424. Although I would have preferred a 7-digit overlay with all residents keeping their current number, I am pleased to cast a vote that brings the Commission closer to the point of providing relief in this area code and closer to complying with Federal law.

Second, this order, as revised, ensures that Commission actions will not jeopardize the Emergency 911 service on the Westside. The proposed decision notes that there are important network changes required to prepare the E-911 network and the emergency call centers for an area code split. It is my understanding that the Los Angeles Fire Department, for example, has older 911 equipment whose functioning would be particularly threatened by a hasty split. This revised order now explicitly delays a split until the work to ensure the reliability of 911 service is complete.

Third, today's decision orders carriers to take all the technical actions needed to implement a split. Here, our order travels a new path. In the past, the Commission has ordered the implementation steps needed to split an area code only when we found that the time had arrived to order a split. By the steps we take today, the Commission can cut months off the time needed to proceed from Commission order to the actual split of this area code. In particular, after adopting today's decision, the 310 area code could be ready to commence the process leading to a split very soon. If the required audit is complete by November 17, and comments filed, then the Commission will be in a position to order the implementation of a split in late November or early December. There would then follow two months to the beginning of permissive dialing, three months of permissive dialing, and two months of mandatory dialing. Thus, by next summer, at the earliest, new numbers would be available for the 310 area code.

Unfortunately, this timetable may have serious consequences for the wireless industry in Los Angeles. The Cellular Carriers Association has made an

emergency filing in August testifying to their need for phone numbers. Only Sprint's good fortune in the August lottery enabled it to service to those in the Beverly Hills exchange that wish to have a cell phone with a local number. Thus, the current situation is already pretty grim. For this reason, I suspect that the Holiday Season will prove difficult for those wishing to sell or purchase cellular phone service in the 310 area code.

The situation with land-line carriers is sharply different. The pooling authority granted by the FCC in response to a petition that I spearheaded is working, as are other conservation measures. These steps have already delayed the split for almost a year. Moreover, the carriers are using numbers in the pool at rates far below those forecast.

Because of the disparity of the situation between land-line and cellular carriers, I dissent to note my objection to the reduction in the lottery to two codes every other month that this order endorses. It is not the best policy for California. My belief is that the success of the number pooling trial in 310 enables us to provide many more codes to cellular carriers who demonstrate a need for the numbers. Holding them in reserve no longer serves a purpose, for they are not needed to ensure the availability of numbers to those participating in the pool.

This, however, is a minor issue in an otherwise excellent order that takes constructive steps to address a critical situation. For these reasons, I remain glad to concur in this decision, but must respectfully note the one point to which I must object.

_____/s/ HENRY M. DUQUE .

Henry M. Duque

Commissioner

September 21, 2000

San Francisco