IV. Assignment of Proceeding
Loretta M. Lynch is the Assigned Commissioner to this portion of the proceeding and Thomas R. Pulsifer is the assigned Administrative Law Judge.
1. Under the grandfather provisions adopted in 1996 in D.96-08-028, certain customers of CMRS may retain their preexisting area code after a geographic split, even when the rate center of the carrier's assigned NXX code lies within the geographic boundaries prescribed for the new area code.
2. The grandfathering policy was adopted to alleviate the potential for significant service disruptions for CMRS customers at the end of the permissive dialing period for an area code change by avoiding the need for handsets to be manually reprogrammed for a new area code.
3. Advances in over-the-air (OTA) technology have greatly alleviated, but not eliminated, the need for wireless customers to have their handsets manually reprogrammed for a new area code.
4. Because OTA is not completely automated, the process for number changes for CMRS customers is still more cumbersome than for wireline customers, and consequently, there will continue to be a significant number of customers whose handsets must be reprogrammed manually in implementing any NPA split.
5. Although certain CMRS providers are now required to participate in number pooling, any thousand blocks donated that have been grandfathered cannot be used by a wireline carrier, since the donated block will be geographically located within the boundaries of one area code but will bear a different area code.
6. To the extent that grandfathered codes cannot be used by wireline carriers through number pooling or porting , state and federal mandates to implement pooling and porting to promote efficient utilization of numbering resources and competitive choice are impeded.
7. Because paging carriers are not required to participate in number pooling or portability, the effects of grandfathered codes on number pooling or porting have no relevance to paging carriers.
8. Prospective-only changes in the Commission's grandfathering policy would not address the number pooling and porting impediments created by existing grandfathered numbers that are the product of past area code splits.
9. Retroactive reversal of existing grandfathered codes would be more disruptive to customers than a prospective only reversal of grandfathering policy in conjunction with implementing future area code relief plans.
10. Because grandfathered telephone numbers represent only a small fraction of total numbers, the ability to pool and port numbers between CMRS and wireline carriers is not impeded with respect to the majority of number blocks statewide.
11. Three primary approaches to retroactive elimination of grandfathered codes presented to parties for comment by ALJ ruling were: (1) re-homing of grandfathred codes whereby customers' existing number prefixes currently assigned in a rate center outside of the "home" NPA would be moved to a rate center within the home NPA; (2) changing customers' numbers to conform the area code of the grandfathered number to that of the home NPA; and (3) implementation of Options 1 or 2 through gradual attrition as customers migrate out of the grandfathered code on a voluntary basis, or in the context of implementing an area code change plan.
12. Grandfathering of numbers has generally occurred in non-urban areas where the nearest rate center is often outside the local calling zone.
13. In an environment where the nearest rate center is outside the local calling zone, re-homing of grandfathered codes would change the rating for land-to-mobile calls from local to toll, and in some cases, inter-LATA toll.
14. Re-homing is an appropriate remedy as a means of reversing existing grandfathered codes in those instances where it can be accomplished with minimal impacts on call rating.
15. In those instances where re-homing would cause a local call to be rerated as an intraLATA toll call, the adverse impacts on customers are likely to outweigh the advantages.
16. In those instances where re-homing is not feasible, a useful alternative for the phasing out of grandfathered NXX codes is through reliance on customer attrition to depopulate such codes over a period of time.
17. It is reasonable to adopt a final cut off for remaining grandfathered codes that have not otherwise been depopulated through attrition.
18. In the interests of minimizing customer impacts of grandfathering phase-out through attrition, it is reasonable to coincide the final cut off for phasing out remaining grandfathered numbers with the next area code relief plan implementation in each affected NPA.
19. At the end of the cut-off period, it is reasonable to require remaining customers with grandfathered numbers to change their number (area code only where feasible, and full 10-digit where necessary) to achieve consistency with the home NPA associated with the customer's geographical residence.
20. An appropriate public education and notification program is necessary to prepare customers for the change in area code or 10-digit number that will be required for remaining customers with grandfathered numbers at the end of the three-year attrition period.
21. An immediate forced number change for grandfathered codes would likely produce more disadvantages in terms of customer disruption and confusion than any advantages in the form of efficient number utilization.
22. Where the prefix of the customer's grandfathered number was still unassigned in the new area code, the customer could keep the existing seven-digit number and undergo only an area code change in order to free up the grandfathered code. Otherwise, if the prefix of the customer's number were already assigned in the new area code, the customer would have to undergo a full 10-digit number change.
1. Certain modifications of the Commission's grandfathering policy in D.96-08-028 should be adopted to promote more efficient utilization of numbering resources, particularly in those NPAs closer to code exhaust.
2. Parties have been provided due notice and opportunity to be heard concerning the potential modification of D.96-08-028 with respect to the treatment of grandfathered codes in accordance with Public Utilities Code Section 1708.
3. The grandfathering policy adopted in D.96-08-028 should be modified to reflect a presumption in favor of consistency in the treatment of area code assignments among carriers subject to number pooling, irrespective of whether customers are served by a CMRS or wireline carrier.
4. As long as paging carriers are not required to participate in number pooling or number portability at this time, they should not be required to change their use of grandfathered codes.
5. Prospective elimination of grandfathered codes in the context of implementing area code relief plans should be addressed on a case-by-case basis, taking into consideration the respective impacts on customers relative to the benefits derived from more efficient number resource utilization.
6. Where it is determined that numbers will not be grandfathered in implementing an area code change plan, if a carrier proposes a longer permissive dialing period for CMRS customers that still face a more difficult transition process than wireline customers with respect to reprogramming of handsets, the Commission may consider a longer permissive dialing period on a case-by-case basis.
7. CMRS carriers holding grandfathered NXX codes should each be required to present a proposal by advice letter filing no later than 90 days from the effective date of this order for the reversal of such grandfathering to return such codes to their home NPA in accordance with the directives set forth in this order.
8. It is within this Commission's authority and consistent with FCC mandates for number pooling and porting to implement appropriate remedial measures to reverse existing grandfathered codes as outlined in this order.
9. The re-homing of NXX codes is an appropriate means of reversing grandfathered codes where the re-homing can be accomplished with relatively minimal impact on call rating and where an appropriate customer education and public notification plan is implemented in advance.
10. Where re-homing of NXX codes is not feasible without triggering significant call rating problems, it is appropriate to rely on customer attrition to depopulate grandfathered codes for a prescribed phase-out period.
11. To the extent that grandfathered NXX codes have not been depopulated through attrition by the end of a prescribed cut-off period, it is appropriate to proceed with necessary measures to change the area code (or 10-digit number where necessary) in order to reverse the remaining grandfathered codes and to achieve geographical consistency in area code assignments.
12. Customer-specify area code changes that are made to phase out grandfathered codes do not constitute area code relief nor do they trigger the requirements of Pub. Util. Code § 7930-7945.
IT IS ORDERED that:
1. The Commission's previously established policy concerning the grandfathering of NXX codes as set forth in Decision (D.) 96-08-028 is hereby modified as set forth in this order.
2. The Commission hereby adopts a prospective policy in favor of assigning new area codes created by numbering plan area (NPA) splits to all customers physically located in the geographic region assigned to the new area code, irrespective of whether they are served by a commercial mobile radio service (CMRS) or a wireline carrier.
3. Any grandfathered NXX codes assigned to paging carriers are hereby exempted from the requirements adopted in this order regarding modifications of previously adopted policies concerning grandfathering of NXX codes.
4. Any prospective grandfathering in connection with area code splits (other than for paging carriers) shall only be considered on an exception basis, in response to an affirmative request and showing of extenuating circumstances, such that the harm from changing a CMRS customer's assigned area code outweighs the advantages resulting from uniform treatment of customers' assigned numbers.
5. Each CMRS carrier that is holding grandfathered NXX codes within California shall submit by advice letter within 90 days of the effective date of this order a proposed plan for reversal of their existing grandfathered NXX codes in accordance with the directives set forth in this order.
6. As part of the advice letter setting forth the proposed plan for the reversal of grandfathered NXX codes, each carrier shall identify those NXX codes that can be re-homed with relatively minimal call rating impacts, and a timetable for completing the re-homing. The advice letter shall also detail the processes proposed to be used to notify the public and educate customers concerning the re-homing process. The advice letter shall also detail the processes proposed to be used to notify the public and educate customers concerning the changes in area code or 10-digit number that will be required at the end of the three-year voluntary attrition period as adopted in this order.
7. Upon receipt and review of the carriers' advice letter filings, the Commission will issue a resolution or order implementing the appropriate measures to re-home designated NXX codes and for institution of an appropriate customer education and public notification plan to prepare customers for such re-homing and for the eventual area code or 10-digit number changes that will be required at the end of the voluntary attrition period in order to phase out remaining grandfathered codes.
8. The Commission's Public Advisor's Office, together with the Telecommunications Division, shall review the proposals for public education put forth by carriers in their advice letters relating to implementation of measures to phase out grandfathered numbers.
9. The Public Advisor's Office and Telecommunications Division staff shall meet and confer with representatives of the wireless carriers to the extent further clarification or augmentation of the proposed public education plans is deemed warranted.
10. The Commission reserves the option of issuing further rulings or orders to address specific details of the public education program as necessary to ensure that customer confusion is minimized and phase-out of grandfathering is administered prudently.
11. In those instances where re-homing is not feasible, customer attrition (i.e., the gradual depopulation of NXX codes as customers voluntarily switch numbers or move) is hereby adopted for purposes of phasing out grandfathered codes until the next NPA relief plan implementation in each affected NPA.
12. CMRS carriers with grandfathered codes are hereby required to freeze assignment of available numbers from such codes and not reassign any available numbers resulting from customer attrition, pending conclusion of the phase-out period.
13. To the extent that implementation of the attrition approach requires waiver of any existing Federal Communications Commission (FCC) rules relating to number utilization, each carrier shall take necessary steps to secure such waivers.
14. The "safety valve" mechanism authorized by the FCC shall be utilized to satisfy carriers' numbering needs notwithstanding the freezing of number assignments from grandfathered codes. A streamlined "safety valve" process is adopted, whereby the grandfathered code shall be removed from the calculation of the utilization rate for purposes of determining carriers' eligibility for requested blocks from the number pool.
15. The termination date for grandfathered codes that are not otherwise eliminated through attrition shall coincide with the date that the next NPA relief plan implementation takes effect for each NPA in which the grandfathered codes reside.
16. At the time of the next NPA relief plan implementation in each affected NPA, any remaining customers in the affected NPA holding numbers from grandfathered codes will be required to undergo an area code change to return their number to the respective "home" NPA. In those instances where a matching seven-digit number is not available in the "home" NPA, the customer will be required to take a 10-digit number change.
17. The Pooling Administrator shall take appropriate measures to ensure that any donated thousand blocks from grandfathered codes are set aside or flagged to prevent such blocks from being assigned.
This order is effective today.
Dated April 17, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
