III. TCLA Motion to Augment the Record

In support of the Carlson Petition for Modification, TCLA filed a motion to reopen the record in order for the Commission to receive the following additional materials:

1. A North American Numbering Plan Administration (NANPA) Report showing that the majority of Numbering Plan Areas (NPAs or area codes) subject to overlays in North America utilize 10-digit dialing.

2. A Declaration of Scott Sarem, Vice President of Strategic Relations at Mpower Communication Corp., stating that Mpower's switching equipment allows for the use of 10-digit dialing within the 310 NPA.

3. A Declaration of Marc O'Krent, President of TCLA, regarding customer perceptions about 1+10-digit dialing.

SBC and Verizon argue that TCLA's motion is procedurally flawed in failing to articulate a legal standard by which to measure the merits of the motion. SBC and Verizon argue that the legal standard normally used to reopen an evidentiary record is the discovery of new evidence that could not be offered during the proceeding. By contrast, they argue, the additional materials that TCLA seeks to introduce are not "newly discovered" and could have been presented during the course of this proceeding.

Verizon Wireless and T-Mobile likewise oppose the TCLA motion to reopen the record. TCLA characterizes its motion as seeking to "reopen" the evidentiary record to receive evidence regarding the 10-digit dialing issue. A "reopening" of the record, however, implies that the record has been "closed." Although the Commission has issued D.05-08-040 implementing the 310/424 area code overlay, the underlying proceeding Rulemaking (R.) 95-04-043 in which statewide area code issues are addressed remains open. Moreover, the Carlson Petition addresses 10-digit dialing on a statewide basis even though the immediate focus of the Petition is on the 310/424 area code overlay currently being implemented. Thus, the Commission decision on the 310/424 overlay did not close the record or preclude consideration of additional evidence relating to generic statewide dialing policies.

We therefore interpret TCLA's intent as seeking to augment the open record in R.95-04-043 rather than to "reopen" a closed record. Interpreted in this manner, we grant TCLA's motion. There is no need, however, for a ruling formally "admitting" the TCLA attachments into the record under technical rules of evidence. There were no evidentiary hearings or separately marked exhibits underlying D.05-08-040 in which the 310/424 overlay was adopted. More generally, rulemaking issues relating to numbering and area code relief matters have routinely been addressed through written comments without formal hearings. The Commission relied only upon written comments filed by parties as the basis for D.96-12-086, as well as for D.05-08-040. Likewise, since the materials that TCLA seeks to add to the record are attached to the TCLA motion, those materials are already incorporated as part of those comments which are in the formal file in R.95-04-043.

Thus, we take into account the additional information presented in TCLA's attachments, as appropriate, in ruling upon Carlson's Petition to Modify. On a similar basis, we shall also consider countervailing statements made in the pleadings of SBC and Verizon concerning technical and consumer-related issues that would be involved in converting switches from 1+10-digit dialing to 10-digit dialing. We also take into consideration comments made by Verizon Wireless, Nextel of California, Inc., Sprint, Cingular Wireless, and T-Mobile.