IV. Comments on Draft Decision
The draft decision of ALJ Thomas R. Pulsifer in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g) and Rule 77.1 of the Rules of Practice and Procedure. Comments were filed on April 19, 2000 and reply comments were filed on April 24, 2000. We have taken the comments into account, as appropriate, in finalizing this order.
1. D.98-06-018 approved a three-way geographic split for the 619 NPA to relieve impending NXX code exhaustion, resulting in the creation of two new area codes.
2. Permissive dialing of the first of two new area codes (858) began in June 1999, and mandatory dialing is scheduled to take effect in early December 1999.
3. The Commission did not lack sufficient information concerning customers' dislike for the geographic splits prior to adopting D.98-06-018 or D.00-01-023.
4. At this late date in the implementation process, most affected customers in the 858 NPA have likely already undergone the time and expense to incorporate use of the new area code.
5. The proposed "open season" for reverting from the 858 to the 619 area code, if adopted, would create significant customer confusion and would be technically impractical to implement.
6. The FCC has delegated authority to allow the California Commission to engage in number conservation measures, but not to the exclusion of, or as a substitute for, unavoidable and timely area code relief.
7. Permissive dialing of the second of the new area codes (935) is not scheduled to begin until June 2000, and mandatory dialing is scheduled to begin in December 2000.
8. The 619/858 NPA split generated approximately 276 NXX codes for assignment in the 619 NPA.
9. The use of number pooling and other conservation measures have the potential for deferring the need for the opening of the second phase 935 area code as a split of the 619 NPA.
10. An interim deferral of the Phase 2 implementation schedule for the 619/935 NPA split at least until the Commission has an opportunity to review the 619 NPA code utilization report due on June 1, 2000, is in the public interest.
11. Although the City's proposal for an interim overlay would preserve seven-digit dialing for calls within the same NPA, the remaining infirmities of an overlay in terms of customer disruption and anticompetitive dialing disparities would still exist.
12. Present Commission policy and FCC rules both prohibit implementation of an overlay without a requirement for mandatory 1+10-digit dialing.
1. The Petition to Modify D.00-01-023 to reinstitute permissive dialing of the 858 area code and to impose an interim seven-digit overlay should be denied.
2. The Petition to Modify D.00-01-023 does not meet the procedural requirements of Rule 47 by failing to include specific wording to carry out the
proposed modification to the decision and by failing to support allegations of changed facts by an appropriate declaration or affidavit.
3. Aside from its procedural defects, the Petition to Modify is not justified on substantive grounds.
4. It is too late in the relief planning process to suspend implementation of mandatory dialing of the new area code (858) without causing immediate code exhaustion in the 619 NPA in violation of federal rules.
5. The Emergency Motion of the City should be granted, in part, to the extent it seeks a deferral of Phase 2 of the adopted 619 NPA relief plan, as provided for in the order below.
6. The second phase 619/935 NPA implementation schedule can be at least temporarily deferred to allow for a more complete assessment of alternative options without causing immediate code exhaustion in violation of federal rules.
7. While the Commission is required to implement timely NPA relief to prevent code exhaustion, the Commission must also assure that numbers are being utilized as efficiently as possible before determining the timing and necessity of subsequent area code splits.
8. The Commission should temporarily defer the 935 area code implementation to provide time to review 619 NPA code utilization study due on June 1, 2000, and to determine the prospects for number pooling, and other conservation measures to extend the life of existing numbering resources in the 619 NPA.
9. The Commission has previously determined in D.99-09-067 that number pooling offers a means of significantly extending the life of an area code by making more efficient utilization of existing numbering resources.
10. A subsequent decision or assigned commissioner's ruling should address the prospects for further deferring the schedule for permissive and mandatory dialing for 935 area code.
11. The proposed seven-digit overlay has not been shown to be in the public interest and should be denied.
IT IS ORDERED that:
1. The Petition of the City of San Diego (City) to Modify Decision (D.) 00-01-023 to reinstitute permissive dialing of the 858 area code on an "open-season" basis and to impose an interim seven-digit overlay is denied.
2. The currently adopted mandatory dialing of the 858 numbering plan area (NPA) shall remain in effect.
3. The Emergency Motion of the City is granted, in part, to the extent that it seeks a deferral of the second phase implementation of the 619 NPA relief plan.
4. The previously adopted schedule for the second phase of 619 NPA relief as set forth in D.98-06-018 is hereby suspended until further notice.
5. Carriers serving in the 619 NPA shall notify their customers within 60 days of this order that the implementation schedule for permissive and mandatory dialing of the 935 area code is suspended by the Commission until further notice.
6. All LNP-capable carriers serving rate centers in the 619 NPA shall:
(a) within 30 days of this order identify all numbers that have not been used in blocks of 1,000 to the extent those number blocks are less than 10% subscribed and report this information to the Telecommunications Division Director; and
(b) prevent further contamination of 1,000 number blocks by using any numbers in those blocks in cases where the carrier has the option to use other number blocks that are more than 10% subscribed.
7. Ordering Paragraph 6 shall not apply to non-LNP-capable carriers since they cannot be compelled to participate in a pooling trial at this time. LNP-capable carriers that fail to comply with these directives shall be subject to any penalties the Commission may impose.
8. The Commission shall issue a subsequent decision or assigned commissioner's ruling following receipt and review of the code utilization study for the 619 NPA, scheduled for release on June 1, 2000, further addressing subsequent measures for dealing with the NXX code shortage in the 619 NPA.
9. In all other respects, except as noted in the ordering paragraphs above, the emergency motion of the City is denied.
This order is effective today.
Dated May 4, 2000, at San Francisco, California.
LORETTA M. LYNCH
President
RICHARD A. BILAS
CARL W. WOOD
Commissioners
I will file a dissent.
/s/ HENRY M. DUQUE
Commissioner
I dissent.
/s/ JOSIAH L. NEEPER
Commissioner
Commissioner Henry M. Duque, dissenting:
On April 10, 2000, the director of this Commission's Telecommunications Division wrote to the North American Numbering Plan Administrator to reduce the number of codes allocated to the monthly code lotteries in an 18 area codes throughout the state. This administrative action will severely constrain the availability of numbers for cellular phone companies and their customers. Among these codes was the 619/935.
Within this context, it is clear that today's decision, which delays the planned split of the 619 area code, is just another step in the majority's broad policy of rationing numbers. Thus, the order of the majority substitutes rationing in the guise of conservation for needed number relief. The majority's order is therefore poor policy and transgresses federal and state law and regulation.
For these reasons, I must respectfully dissent.
_____/s/ HENRY M. DUQUE .
Henry M. Duque
Commissioner
May 4, 2000
San Francisco
