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 December 24, 1999 by Kuczewski and on December 27, 1999 by GTE Wireless Incorporated. Reply comments were filed by Kuczewski on December 30, 1999 and by other parties on January 3, 2000. We have carefully considered parties' comments in finalizing today's order.

Findings of Fact

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. Permissive dialing of the second of the new area codes (935) is scheduled to begin in June 2000, and mandatory dialing is scheduled to begin in December 2000.

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. In the case of the second new area code split, however, the prospects of using number pooling for deferring the need for the opening of the new area code in the 619 NPA warrants further consideration.

6. Although the Petitioner's proposal for an overlay would preserve seven-digit dialing, the remaining infirmities of an overlay in terms of customer confusion and anticompetitive dialing disparities would still have to be addressed.

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

Conclusions of Law

1. The Petition to Modify D.98-06-018 to consider the option of a seven-digit overlay should be denied.

2. It is too late in the relief planning process to suspend implementation of the first of the two new area codes (858) scheduled for the 619 NPA.

3. The Commission should give further consideration, however, to the possibility of deferring the implementation schedule for the second of the two new area codes (935) and using number pooling as a means of extending the life of existing numbering resources in the 619 NPA.

4. 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.

5. A subsequent decision may be issued to address the prospects for potentially deferring the schedule for permissive and mandatory dialing for the second of the two new area codes in the 619 NPA, as outlined in Conclusion of Law 3 above.

ORDER

IT IS ORDERED that:

1. The Petition of Robert M. Kuczewski to Modify Decision 98-06-018 to consider the option of a seven-digit overlay for the 619 Number Plan Area (NPA) is denied.

2. The currently adopted schedule for implementation of the 858 NPA shall remain in effect.

3. The Administrative Law Judge shall promptly issue a ruling calling for comments on the potential to defer the schedule for implementing the second new area code (935) for the 619 NPA three-way split through the use of number pooling or other conservation measures.

4. Following receipt of comments as referenced in Ordering Paragraph 3 above, the Commission may further consider the feasibility of extending the remaining life of 619 NPA and deferring the opening of the second new area code.

This order is effective today.

Dated January 6, 2000, at San Francisco, California.

Commissioner

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