II. Timeliness of Filing

Rule 47(d) requires a petition for modification to be filed within one year of the effective date of the decision proposed to be modified. Carlson's petition was filed over eight years after the issuance of D.96-12-086. Carlson argues, however, that his petition should be considered timely filed because the Commission is only now implementing the first overlay, as ordered for the 310 area code in D.05-08-040. In D.01-11-043, the Commission directed that "decisions regarding 10-digit dialing should be made in the context of the circumstances that exist at the time an overlay is implemented." (D.01-11-043 at 9.) Carlson thus argues that his petition for modification relating to 10-digit dialing is timely filed in view of the currently pending implementation of the 310/424 area code overlay.

In view of our previous directive in D.01-11-043 that decisions regarding the 10-digit dialing issue should be made in the context of circumstances that exist at the time that an overlay is implemented, we shall accept Carlson's Petition as timely filed, and resolve it on the merits of the issues raised therein.