IV. Discussion
The issue before us is whether 8-digit dialing is feasible. If we find that 8-digit dialing is feasible, then we must decide whether to open a proceeding to consider if 8-digit dialing should be adopted.
A threshold issue in deciding if 8-digit dialing is feasible is whether the FCC's requirement for mandatory 10-digit dialing in overlay regions precludes the use of 8-digit dialing. If the FCC does not allow 8-digit dialing, then we may conclude that 8-digit dialing is not feasible, and there is no need for us to examine other issues pertaining to the feasibility of 8-digit dialing (e.g., whether 8-digit dialing can be implemented at a reasonable cost and without undue customer confusion).
We have carefully reviewed the FCC's orders and regulations pertaining to the 10-digit dialing. Based on this review, we find that the FCC's requirement for mandatory 10-digit dialing for all calls within an overlay region precludes the use of 8-digit dialing on either a standalone basis or as an adjunct to 10-digit dialing.7 While we have some doubts about the FCC's authority to preclude the States from adopting 8-digit dialing as an adjunct to 10-digit dialing, it would be problematic for the Commission to require telephone companies to implement 8-digit dialing when the FCC prohibits telephone companies from providing this very service.8 Until we have clear authority to require telephone companies to offer 8-digit dialing, 8-digit dialing is not a feasible option.
Since we find that 8-digit dialing is not feasible, there is no need to open a proceeding to consider if 8-digit dialing should be adopted. But even if 8-digit dialing were feasible, it is premature to consider whether to adopt 8-digit dialing. There are currently no overlays in California, and it is possible that there never will be overlays in California due to (1) the Commission's efforts to avoid the need for new area codes through number conservation, 9 and (2) the significant disadvantages of overlays.10 Until there is a firm prospect for an overlay in California, the issue of whether to adopt 8-digit dialing is not ripe for consideration.11 Since the adoption of 8-digit dialing is not ripe for consideration, we decline to adopt Yablon's suggestion that we formally petition the FCC for authority to implement 8-digit dialing.
7 47 C.F.R § 52.19(c)(3)(ii); FCC 00-429, ¶70; FCC 99-243, ¶¶ 3, 8, 28-45; FCC 99-122, ¶¶ 107, 122-126; FCC 96-333, ¶¶ 20, 286-87, 315-317; and DA 00-477, DA 98-2141, DA 98-1434, and DA 97-675. 8 We are not persuaded by Yablon's argument that the Commission has authority to implement 8-digit dialing since the impact of the 8-digit dialing is entirely intrastate. The FCC has asserted jurisdiction over dialing patterns in overlay regions, which makes the Commission's assertion of jurisdiction over this matter problematic. 9 D.00-07-052, mimeo., p. 1, and D.01-06-058 mimeo., p. 4. 10 The Commission has repeatedly found that overlays have significant disadvantages. (See, for example, the following: D.96-12-086, Finding of Fact (FOF) 24; D.97-09-050, mimeo., pp. 4-5; D.97-12-100, mimeo., p. 3; D.98-05-021, mimeo., pp. 35-36; D.98-06-018, mimeo., pp. 18, 20; D.98-10-061, mimeo., pp. 4-5; D.99-03-059, mimeo., pp. 22-23; D.99-07-017, FOFs 16-18; D.99-09-067, mimeo., pp. 1, 8, 9, 11, and 19; D.99-10-022, mimeo., pp. 4, 5, 14, 15, and 16; D.99-12-049, mimeo., pp. 25, 26, and 27; D.99-12-051, mimeo., pp. 1, 2, 6, 7, 9, 20, and 21; D.00-01-023, mimeo., pp. 7, 8, 9, and 10; D.00-03-057, mimeo., pp. 5 and 6; and D.00-09-073, mimeo., pp. 5, 6, 7, and 8.) While 8-digit dialing might mitigate some of the disadvantages of overlays, 8-digit dialing would not eliminate the disadvantages (e.g., dialing extra digits to place a local call). Further, the possible benefits of 8-digit dialing might be offset, at least in part, by some of the shortcomings of 8-digit dialing described by Pacific and GTE. 11 Overlays have been implemented in several other States. If 8-digit dialing offers significant advantages as Yablon claims, there may be an opportunity for telephone companies to develop a custom calling service that allows subscribers to "speed dial" 10-digit telephone numbers using 8-digit dialing. A similar opportunity may exist for the suppliers of customer premises equipment to develop and market equipment that provides 8-digit dialing.
