10. Assignment of Proceeding
Timothy Alan Simon is the assigned Commissioner and Jeffrey P. O'Donnell is the assigned ALJ in this proceeding.
1. In D.99-10-022, the Commission approved a two-way split of the 818 area code as a backup plan to the number conservation measures it ordered in that decision.
2. Thousand-block number pooling and other conservation measures have extended the life of the 818 area code and delayed the need for an area code change.
3. The conservation measures have run their course, and the 818 area code will exhaust in the third quarter of 2009.
4. Both alternatives presented by NANPA, a split and an overlay result in area codes estimated to exhaust in 24-26 years.
5. Pursuant to §§ 7936 and 7943(c), before approving any new area code, the Commission must obtain utilization data from NANPA for any area code for which a change is proposed, perform a telephone utilization study and implement all reasonable telephone number conservation measures.
6. Pursuant to § 7943(a), where there is no reasonable alternative other than to create a new area code, the Commission must do so in a way that creates the least inconvenience for customers.
7. CD reviewed the utilization data and study provided by NANPA and agrees that the 818 area code will exhaust in the third quarter of 2009.
8. The meetings required by § 7931(e)(2) were conducted as discussed herein.
9. The Commission received 741 statements of preferences and comments of which 442 supported the overlay.
10. Due to the passage of time, it is reasonable to reconsider the Commission's adoption of a split rather than an overlay for the 818 area code in D.99-10-022.
11. The overlay will cause the least inconvenience for consumers and is the option preferred by customers and the industry.
12. There is a need for a PEP to facilitate implementation of the overlay for the reasons discussed herein.
13. The application proposes to conduct a PEP, but includes no information on it.
14. The assigned ALJ issued a ruling seeking comments on proposed requirements for the PEP. The comments received were considered in developing the PEP included herein as Attachment A.
15. In previous decisions, we have utilized an industry task force to implement the PEP and manage the PEP fund.
16. In D.99-06-087, we determined that a second-phase PEP extending beyond the opening of the overlay area code might be necessary to promote necessary public awareness regarding the overlay.
17. No protests have been received.
1. Since the statutory requirements of §§ 7936 and 7943(c) have been satisfied, there is no other reasonable alternative but to create a new area code.
2. The proposed overlay for the 818 area code should be adopted.
3. The PEP included herein as Attachment A should be adopted.
4. The CD Director should be directed to oversee the finalization and implementation of the PEP.
5. The industry should be required to fund the PEP as necessary to achieve at least a 70% customer awareness and understanding of the change in dialing patterns and area code identification resulting from implementation of the overlay, how they will be affected by the change and the rationale behind the change.
6. The 70% awareness requirement should be across all major customer groups.
7. An industry task force should be utilized to implement the PEP and manage the PEP fund.
8. The industry task force should include Commission staff and representatives from the service providers holding numbering resources in the 818 area code as of the effective date of this decision.
9. The task force should develop a reasonable means of delineating the division of responsibility for the PEP activities so that adequate tracking and compliance can be assured.
10. The task force should be responsible for developing the materials and content of the PEP, maximizing the use of prior PEP efforts, and conforming to the requirements of this order.
11. The CD Director should be authorized to require sufficient industry contributions to the PEP budget fund to achieve the 70% customer awareness requirement.
12. The CD Director should require the task force to conduct a well-balanced and statistically significant survey of customers to determine whether the 70% requirement has been met.
13. The survey should be designed and conducted such that the general public, as well as senior citizens, the disabled and ethnic minorities are adequately represented in the survey.
14. The task force should be required to submit the survey questions, process, and methodology to the CD Director for review and approval prior to implementation.
15. If necessary to ensure the success of the PEP, the CD Director should be authorized to require the task force to employ outside professional assistance in PEP implementation.
16. PEP educational, outreach, and advertising materials should explain the type of area code change being implemented and the new dialing procedure, identify the region covered by the overlay, and explain that the cost and quality of telephone service will not be adversely affected by the change. The materials should also address the permissive dialing period, the mandatory dialing period, the tasks consumers should do in preparation of the overlay, and the reasons for adding a new area code.
17. The task force should be required to submit all PEP educational, outreach, and advertising materials to the CD Director for review and approval prior to their use.
18. The CD Director should monitor the effectiveness of the PEP and, if the 70% customer awareness requirement is not achieved by the end of the 13-month implementation period, should require the task force to continue the PEP to achieve the requirement.
19. PEP funds for tasks jointly assigned to all the service providers should come from those service providers holding thousand-blocks in the 818 area code as of the effective date of this decision. The amount collected from each service provider should be in proportion to the relative percentage of thousand-blocks that it holds as of the effective date of this decision. Any additional assessments or refunds should be made on the same basis.
20. Individual service provider costs for service provider-specific tasks should be the responsibility of each service provider.
21. The task force should arrange for adequate accounting of the PEP fund to ensure it is properly managed.
22. The PEP budget should not include the labor costs of each service provider's representatives on the task force.
23. The task force should periodically report to the CD Director concerning the details of collections and disbursements.
24. A public hearing is not necessary.
IT IS ORDERED that:
1. The proposed overlay for the 818 area code is adopted.
2. The public education program (PEP) included herein as Attachment A is adopted.
3. The Communications Division (CD) Director shall oversee the finalization and implementation of the PEP.
4. The industry shall fund the PEP as necessary to achieve at least a 70% customer awareness and understanding of the change in dialing patterns and area code identification resulting from implementation of the overlay, how they will be affected by the change and the rationale behind the change.
5. The 70% awareness requirement shall be across all major customer groups.
6. An industry task force (task force) shall be utilized to implement the PEP and manage the PEP fund.
7. The task force shall include Commission staff and representatives from the service providers holding numbering resources in the 818 area code as of the effective date of this decision.
8. The task force shall develop a reasonable means of delineating the division of responsibility for the PEP activities so that adequate tracking and compliance can be assured.
9. The task force shall be responsible for developing the materials and content of the PEP, maximizing the use of prior PEP efforts, and conforming to the requirements of this order.
10. The CD Director shall require sufficient industry contributions to the PEP budget fund to achieve the 70% customer awareness requirement.
11. The CD Director shall require the task force to conduct a well-balanced and statistically significant survey of customers to determine whether the 70% requirement has been met.
12. The survey shall be designed and conducted such that the general public, as well as senior citizens, the disabled and ethnic minorities are adequately represented in the survey.
13. The task force shall submit the survey questions, process, and methodology to the CD Director for review and approval prior to implementation.
14. If necessary to ensure the success of the PEP, the CD Director shall require the task force to employ outside professional assistance in PEP implementation.
15. PEP educational, outreach, and advertising materials shall explain the type of area code change being implemented and the new dialing procedure, identify the region covered by the overlay, and explain that the cost and quality of telephone service will not be adversely affected by the change. The materials shall also address the permissive dialing period, the mandatory dialing period, the tasks consumers should do in preparation of the overlay and the reasons for adding a new area code.
16. The task force shall submit all PEP educational, outreach, and advertising materials to the CD Director for review and approval prior to their use.
17. The CD Director shall monitor the effectiveness of the PEP and, if the 70% customer awareness requirement is not met, shall require the task force to continue the PEP to achieve the requirement.
18. PEP funds for tasks jointly assigned to all the service providers shall come from those service providers holding thousand-blocks in the 818 area code as of the effective date of this decision. The amount collected from each service provider shall be in proportion to the relative percentage of thousand-blocks that it holds as of the effective date of this decision. Any additional assessments or refunds shall be made on the same basis.
19. Individual service provider costs for service provider-specific tasks shall be the responsibility of each service provider.
20. The task force shall arrange for adequate accounting of the PEP fund to ensure it is properly managed.
21. The PEP budget shall not include the labor costs of each service provider's representatives on the task force.
22. The task force shall periodically report to the CD Director concerning the details of PEP fund collections and disbursements.
23. Application 07-12-018 is closed.
This order is effective today.
Dated April 24, 2008, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
