V. 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)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed by Sprint PCS on May 29, 2001. We have taken the comments into account, as appropriate, in finalizing this order.
1. On May 5, 2000, Sprint PCS filed an "Emergency Petition" in the Local Competition rulemaking to obtain a growth NXX code in the Beverly Hills Rate Center in the 310 NPA. Sprint PCS subsequently withdrew its formal petition and submitted instead a letter to the Director of TD dated May 18, 2000, informally seeking the same authority to obtain an NXX code.
2. In order to evaluate Sprint PCS' request for a growth NXX code, the TD staff undertook discovery concerning how many numbers Sprint PCS already held in other rate centers in the Beverly Hills local calling area.
3. Staff submitted a request for information regarding the numbers Sprint PCS held in all rate centers within the local calling area of Beverly Hills, specifically requesting data for each rate center in the 213, 323, and 818 area codes (see Appendix A and Appendix C, hereto).
4. Sprint PCS obtained an NXX code for the Culver City rate center in December, 1999, and was able to begin assigning numbers to its customers from that prefix in February, 2000.
5. Although Sprint PCS provided information by letter to the Director of Telecommunications Division regarding the Culver City NXX (attached as Appendix D, hereto), that information was provided in a completely independent context from the staff data request at issue in this proceeding, and was not responsive to that request.
6. Sprint PCS obtained an NXX code assigned to the Inglewood rate center in April, 2000.
7. Although both the Culver City and Inglewood NXX prefixes were in Sprint PCS' possession on the date that Sprint PCS submitted its data response to the CPUC, Sprint PCS failed to include these prefixes in its data responses to TD.
8. Given the importance TD staff attached to Sprint PCS number holdings in adjacent rate centers, the omission from the data responses of information pertaining to the Culver City and Inglewood NXX codes was critical.
9. A total monetary penalty of $200,000 results from the mathematical application of the formula based upon a $10,000 per violation assessment applied to 20 separate violations.
10. Since the staff data request for disclosure of Sprint PCS' numbering resources asked for the data in incremental 1,000-number blocks as discrete elements, the failure to provide information on each incremental block of 1,000 numbers constitutes a separate violation.
11. The two NXX codes at issue in the staff data request comprised 20,000 individual numbers (i.e., 10,000 numbers for each NXX code), resulting in 20 separate violations for purposes of assessing a penalty.
1. Pursuant to Rule 1, any person that transacts business with the Commission agrees never to mislead the Commission or its staff by an artifice or false statement of fact or law.
2. The actions of Sprint PCS in not disclosing relevant information concerning NXX codes in its possession in the Culver City and Inglewood rate centers caused the Commission staff to be misled, and thereby constitutes a violation of Rule 1.
3. Pub. Util Code § 2107 provides for a penalty between $500 and $20,000 for each offense of a public utility which fails to comply with any order, decree, rule, direction, demand, or requirement of this Commission.
4. Sprint PCS should be subject to penalties as set forth below as a result of its Rule 1 violation as found herein.
5. For purposes of quantifying the number of offenses involved, each failure to respond to the separate elements of the staff's data request should be treated as a single offense.
6. Since staff requested for disclosure of Sprint PCS' numbering resources in incremental blocks of 1,000 numbers as discrete elements, the failure to provide information on each incremental block of 1,000 numbers for the Culver City and Inglewood NXX codes constitutes a separate offense for a total of 20 offenses (i.e., 20,000/1,000 = 20).
7. A penalty of $10,000 per offense represents the middle of the range of penalties provided for under Pub. Util. Code § 2107.
8. The application of the criteria in D.98-12-075 to the facts in this case indicates that Sprint PCS should pay a fine of $200,000 for violating Rule 1 based on a penalty of $10,000 per violation multiplied by 20 separate violations.
9. None of the references to Cox Communications PCS or to Sprint PCS in this order are in any way intended to implicate or be identified with Cox Communications Incorporated or Cox California Telecom.
IT IS ORDERED that:
1. Sprint Spectrum L.P. (Sprint PCS) is hereby found to be in violation of Rule 1 of the Commission's Rules of Practice and Procedure, and subject to the penalties as ordered below.
2. Sprint PCS is ordered to pay a fine in the amount of $200,000 for violation of Rule 1 in accordance with the findings and conclusions set forth above. Sprint PCS shall pay the fine within 20 days from the effective date of this order by
tendering to the Fiscal Office of the Commission a check in the amount of $200,000 made payable to the State of California General Fund. Applicants shall file proof of payment at the Commission's Docket Office within 40 days of payment.
This order is effective today.
Dated August 2, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
Commissioner Henry M. Duque, being necessarily absent, did not participate.
APPENDIX A
June 2, 2000 Data Request sent by
Telecommunications Division Staff in Response to
Sprint PCS Request For Assignment of a 310 NXX
Outside the Lottery Procedures
STATE OF CALIFORNIA GRAY DAVIS, Govemor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
June 2, 2000
Mr. Jeffrey M. Pfaff
Sprint PCS
4900 Main, I I"' Floor
Kansas City, MO 64112
VIA Facsimile: 816-559-2591 & E-Mail jpfaff0l @sprintspectrum.com
Re: SprintPCSRequestforEmergencyAssignmentofthe3lONXXCode0utsidetheLottery Procedures
Dear Mr. Pfaff:
In response to your letter to Jack Leutza, Director Telecommunications Division, for Emergency Assignment of a 310 NXX Code Outside the Lottery Procedures, we request the following information so that we can respond. Please provide the following data as soon as possible so that we can better assess your need for telephone numbers.
I . Specify the location of all tandem switches in the 3 1 0 NPA where Sprint PCS has NXX codes assigned.
2. Provide Sprint PCS' utilization data as of May 31, 2000 for all rate centers in 310 NPA. The format and definitions of the utilization data is attached. Also identify whether each NXX code (also known as a prefix) is associated with a tandem and/or the end office connection location (this information should be included in column T).
3. For the following rate centers that are within the local calling area of the Beverly Hills rate center and which are located in the 818 NPA (LA, No Hollywood, Van Nuys, Burbank DA, Burbank Sun Valley, Glendale, Reseda, San Femando-Sepulveda) and the 213 NPA (LA DA I 1, LA DA 12, LA DA 1 3, and LA DA 14), please provide Sprint PCS' utilization data as of May 31, 2000. The format and definitions of the utilization data is attached. Please identify whether each NXX code (also known as a prefix) is associated with a tandem and/or the end office connection location (this information should be included in column T).
4. Please provide a list of all affiliates of Sprint PCS.
5. Does Sprint PCS presently have any code sharing arrangement(s) with affiliates or any nonaffiliates? If yes, please explain the type of arrangement and list the names of any affiliate(s) and/or non-affiliate(s) with which Sprint PCS has such arrangements. If Sprint PCS does not have any code-sharing arrangement with any party, please state whether Sprint PCS has explored this option, and if not, please explain why.
6. Is the months-to-exhaust certification worksheet that Sprint PCS provided to the CPUC via fax dated May 25, 2000 only for the Beverly Hills rate center or is it an aggregate of all ratecenters in the 3 10 NPA? In either case, please provide the months-to-exhaust data for all rate centers in the 3 10 NPA.
7. It is the understanding of the CPUC staff that Sprint PCS and Cox California PCS, Inc. are the same entity. Please confirm whether or not that understanding is correct. In addition, please indicate whether the data Sprint PCS has provided on its utilization and forecast of numbers in the 310 NPA includes NXX codes held by Cox California PCS, Inc.
Send the above data to the Telecommunications Division attention Cherrie Conner. If you have any questions or concems do not hesitate to contact me at (415) 703-2767.
Sincerely,
/s/ Risa Hemandez for Cherrie Conner
Cherrie A. Conner
Telecommunications Division
cc: J. Leutza
R. Hernandez
M. Mickiewicz
DEFINITIONS FOR UTILIZATION STUDY
Administrative: Administrative numbers are numbers used by telecommunications carriers to perform internal administrative or operational functions necessary to maintain reasonable quality of service standards. Subcategories used in the Utilization Studies are:
· Internal Business Purpose/Official Numbers: A number assigned by a service provider for its own internal business purposes
· Test Numbers: Telephone numbers (TNs) assigned for inter- and intra-network testing purposes
· Other Administrative Numbers (include only Location Routing Number, Temporary Local Directory Number and Wireless E911 ESRD/ESRK) where 0 Identical to a Local Routing Number (LRN): The ten-digit (NPA-XXX-XXXX) number assigned to a switch/point of interconnection (POI) used for routing in a permanent local number portability environment
· Temporary Local Directory Number (TLDN): A number dynamically assigned on a per call @asis by the serving wireless service provider to a roaming subscriber for the purpose of incoming call setup
· Wireless E-911 ESRD/ESRK: A ten-digit number used for the purpose of routing an E911 call to the appropriate Public Service Answering Point (PSA.P) when that call is originating from wireless equipment. The ESRD identifies the cell site and sector of the call origination in a wireless call scenario. The Emergency Services Routing Key (ESRK) uniquely identifies the call in a given cell site/sector and correlates data that is provided to a PSAP by different paths, such as the voice path and the Automatic Location Identification (ALI) data path. Both the ESRD and ESRK define a route to the proper PSAP. The ESRK alone, or the ESRD and/or Mobile Identification Number (MIN), is signaled to the PSAP where it can be used to retrieve from the ALI database, the mobile caller's call-back number, position and the emergency service agencies (e.g., police, fire, medical, etc.) associated with the caller's location. If a NANP telephone number is used as an ESRD or ESRK, this number cannot be assigned to a customer.
For convenience, "other administrative numbers" are reported as a group for purposes of the Utilization Study
Aging Numbers: Aging numbers are disconnected numbers that are not available for assignment to another end user or customer for a specified period of time. Numbers previously assigned to residential customers may be aged for no more than 90 days. Numbers previously assigned to business customers may be aged for no more than 360 days. For purposes of the Utilization Study, caff iers are to separately report aging numbers associated with residential service from those associated with business service.
Assigned Numbers: Assigned numbers are numbers working in the Public Switched Telephone Network under an agreement such as a contract or tariff at the request of specific end users or customers for their use, or numbers not yet working but having a customer service order pending. Numbers that are not yet working and have a service order pending for more than five days shall not be classified as assigned numbers. For purposes of the Utilization Studies, numbers for non-working wireless and for interim number portability are to be considered as assigned numbers in Part I -Section A and separately identified in Part 2. See Interim Number Portability and Non-Working Wireless for definitions.
Available Numbers: Available numbers are numbers that are available for assignment to subscriber access lines, or their equivalents, within a switching entity or point of interconnection and are not classified as assigned, intermediate, administrative, aging, or reserved.
COC Type: Three-digit element defining the use of the Central Office Code (codes such as OXX used lor access tandem and testboard addressing or a "+" symbol that indicates direct routing to the designated switch in the NPA. 2XX-9XX values are considered NXXS.)
Allowable codes in the LERG Destination Code by LATA and Tandem Homing Arrangements (LERG 6/9) are:
ATC = Access Tandem Code (O/ I XX)
CDA = Customer Directory Assistance only (555 line numbers are assigned by the North American Numbering Plan Administration)
EOC = End Office Code
PLN = Planned Code - non-routable
PMC Public Mobile Carrier (Type 2 Interconnected)
RCC Radio Common Carrier (Dedicated Type I Interconnected)
SIC = Special 800 Service Code
SP I = Service Provider - Miscellaneous Service (Type I Interconnected)
SP2 = Service Provider - Miscellaneous Service (Type 2 Interconnected)
TST = Standard Plant Test Code
Allowable codes in the LERG Oddball file (LERG60DD only) are:
700 700 IntraLATA Presubscription
AIN Advanced Intelligent Network
BLG = Billing Only
BRD = Broadband
CTV = Cable Television
ENP = Emergency Preparedness
FGB = Feature Group B Access
HVL = High Volume
INP Information Provider
LTC Local Test Code
Nll Nll Code
ONA Open Network Architecture
PRO Protected
RSV Reserved
RTG Routing Only
UFA Unavailable for Assignment
Interim Number Portability (INP): The interim ability to move telephone service from one service provider to another service provider using Remote Call Forwarding (RCF), Direct Inward Dialing (DID), or equivalent means where:
Remote Call Forwarding allows a customer to have a local telephone number in a @istant location. Every time someone calls that number, that call is forwarded to the RCF customer in the distant location. Remote call forwarding is similar to call forwarding on a residential line, except that the RCF customer has no phone, no office and no physical presence in that location.
A DID (Direct Inward Dial) trunk is a trunk from the Central office which passes the last two to tour digits of the Listed Directory Number into the PBX, thus allowing the PBX to switch the call to and thus ring the correct extension" without the use of an attendant (Newton's Telecom Dictionary). Existing DID retail service is limited to PBX services. For purposes of providing INP, Pacific and GTEC will use the DID switch functionality to provide INP to any CLC customer regardless of the type of terminal equipment used on the customers' premises.
For the purposes of the Utilization Study, each carrier must report the quantity of its assigned numbers that are dedicated to providing INP under Assigned Numbers in Part I-Section A and separately identified in Part 2.
Intermediate Numbers: Intermediate numbers are numbers that are made available for use by another telecommunications carrier or non-carrier entity for the purpose of providing telecommunications service to an end user or customer. Numbers ported for the purpose of transferring an established customer's service to another service provider shall not be classified as intermediate numbers. For Type I donor carriers, Type I numbers are to be reported as intermediate numbers in Part I-Section A and detailed information is to be provided in Part 2 for the Utilization Studies. For Type I recipient donors, Type I numbers shall be reported in the Part I -Section B for the Utilization Studies. For definition, see Type I numbers.
Local Number Portability: The ability to move a telephone number from one service provider to another service provider using LRN-LNP technology
Non-Working Wireless: this category is for wireless companies only to report numbers that they have already assigned to customer equipment, but are not yet working. For example, cellular carriers often prepackage a cellular telephone with an assigned telephone number for sale to customers. Those phone numbers are assigned, but are not actually activated until after the customer purchase is made. For the purposes of the Utilization Study, each carrier must report the quantity of its non-working wireless numbers under Assigned Numbers in Part I-Section A and separately identified in Part 2.
OCN: Operating Company Number (OCN) assignments must uniquely identify the applicant. Relative to CO Code assignments, NECA-assigned Company Codes may be used as OCN'S. Companies with no prior CO Code or Company Code assignments should contact NECA (973-884-8355) to be assigned a Company Code(s). Since multiple OCNs and/or Company codes may be associated with a given company, companies with prior assignments should direct questions regarding appropriate OCN usage to the Traffic Routing Administration (TRA) on 732-699-6700
Reserved Numbers: Reserved numbers are numbers that are held by service providers at the request of specific end users or customers for their future use. Numbers held for specific end users or customers for more than 45 days shall not be classified as reserved numbers.
Special Use NXX Codes: Certain NXX codes have traditionally been reserved or designated for special uses, and have not been available for assignment by carriers for general commercial use in providing telephone numbers to customers. These NY-X prefixes are restricted to such special uses as recorded public information announcements of time-of-day and weather forecasts, high-volume caII-in numbers, and emergency access numbers used by the Federal Emergency Management Administration (FEMA), etc.
Type 1 Numbers: numbers pursuant to a Type I interconnection agreement. The Type 1 interconnection is a connection between a mobile/wireless service provider and an end office of another service provider for the purpose of originating and terminating traffic or for access to end user services (i.e. DA, Operator services, 91 1, etc). The interconnection consists of a facility between the mobile/wireless service provider and the end office, switch usage, and telephone numbers (only required if the mobile carrier wishes to receive originating (UM) traffic). For the purposes of the 3 10 Utilization Study, both mobile/wireless service providers who have received Type I numbers and those service providers who have provided Type I numbers to mobile/wireless service providers are asked to report on those numbers at the 1000 block level.
(END OF APPENDIX A
APPENDIX B
June 6, 2000 Reply Letter by Sprint PCS
Regarding the June 2, 2000 Data Request
Joseph R. Assenzo
General Attorney Sprint PCS
Lcgal Dcpartmcnt 'I'elephone: 8l6 55.9 2514
9OO Main, 12th Floor F= 816 5S9 2591
Kansas Cicy, Missouri 64112 lnternet
June 6, 2000 jassen01@sprintspectrum.com
Via Facsimile (415) 703-4405
Mr. John M. Leutza
Director - Telecommunications Division
California Public Utilities Commission'
505 Van Ness Avenue, Third Floor
San Francisco, CA 94102-3298
Re: PCS Request for Emergency Assignment of 310-NXX Code Outside
the Lottery Procedures
Dcar Mr. Lcutza:
Sprint PCS received the Telecommunications Division's June 2, 2000 information requests. We are preparing responses and expect to have them to you shortly. However, the Division's failure to act timely on Sprint PCS' request for emergency assignment of a 310-NXX code outside the lottery procedures insures that Sprint PCS will exhaust its existing number supply in the Beverly Hills rate center.
Sprint PCS filed its first application for emergency relief over a month ago. Sprint.PCS was within approximately three months to exhaust when it submitted its original petition for emergency relief to the Commission on May 5, 2000. Sprint PCS withdrew its petition after you informed us on May 15, 2000 that the Commission would not entertain the petition any earlier than June 22, 2000. The Commission's General counsel, who was also on the May 15 conference call, recommended that Sprint PCS re-submit its request as a letter to you as a way to get a quicker decision on its need for a code. Sprint PCS submitted such a letter request on May 18, 2000, again explaining that time is of the essence and asking for a decision by May 31, 2000. Sprint PCS provided the Division with an affidavit stating that Sprint PCS would exhaust on August 4, 2000, and supplied a supporting forecast. In addition, Sprint PCS provided its April Months-to-Exhaust Work-sheet.
Actual number assignments over the last month have been consistent with the forecast Sprint PCS submitted over a month ago, and Sprint PCS is now within about two months to exhaust, as expected. The time needed to activate an NXX code is 66 days, as the Division is well aware. Even if that time period can be shortened somewhat, Sprint PCS needs a few days to test the code. On Friday June-2, 2000, at about 6 p.m. CST, the Division faxed Sprint PCS a lengthy request for information, instead of acting on Sprint
W---D 07:10 FkX
Mr. John M - Leutza
June 6, 2000
Page 2
PCS' request for emergency relief. Sprint PCS will provide the requested information by June 9,2000. (Normally, the Commission allows carriers a month to provide utilization information.) Even if the Division acts within a week or 10 days after receiving the requested information, Sprint PCS will then be within about six weeks to exhaust. The Division's lack of action is effectively a denial of Sprint PCS' request for emergency relief.
The information the Telecommunications Division requested on June 2,2000 does -not have any bearing on Sprint PCS' request for emergency relief' the Beverly Hills rate center. The data requests suggest that Sprint PCS could use numbers rated in other 310 NPA rate centers, and even in other 818 and 213 NPA rate centers, to meet demand in Beverly hills. 'This is not the case, as Sprint PCS explained in its May 18, 2000 letter and in subsequent conversations. The fact is that wireless customers find unacceptable the idea that many friends and family will incur LEC toll charges in calling the mobile handset. If LEC customers have a right to make local calls in another LEC customer, they should have the right to make local calls in calling a mobile customer. In addition, using NXX codes from other area codes will lead to disparated dialing and customer confusion on calls to and -from Sprint PCS customers.
The issue is not just fairness relative to land-to-land traffic; the issue strikes at the heart of competitive -neutrality among, wireless carriers. Sprint PCS' competitors such as AT&T Wireless and PacBell Mobile have numbers rated in the Beverly Hills rate center (with AT&T having nine codes compared to Sprint PCS' three codes). If a Beverly Hills resident wants a Beverly Hills mobile number and if Sprint PCS cannot meet this request, the resident will simply turn to the services of one of Sprint PCS' competitors. I think you would agree that a consumer's choice of service provider should not be influenced because one service provider does not have the right number to assign to the consumer.
Mr. John M. Leutza
June 6, 2000
Page 2
The June 2 information requests also ask about code sharing. Wireless carriers like Sprint PCS cannot share codes. Sprint PCS would lose switch-based intelligent features and may lose the ability to roam. Code sharing has been exhaustively studied in industry numbering forums and commented on in FCC and state number conservation dockets, and there was general consensus that such sharing is not a practical conservation measure.
Sincerely,
/s/ Joseph Assenzo
cc: Ms. Cherrie A. Conner
(Via Fax: 415/703-2767)
(END OF APPENDIX B)
APPENDIX C
June 14, 2000 Supplemental
Telecommunications Division Staff Data Request
STATE OF CALIFORNIA GRAY DAVIS, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
June 14, 2000
Mr. Jeffrey M. Pfaff
Sprint PCS
4900 Main, I Ith Floor
Kansas City, MO 64112
VIA Facsimile: 816-559-2591 & E-Mail jpfaff0l@sprintspectrum.com
Re: Sprint PCS Request for Emergency Assignment of the 310 NXX Code Outside the Lottery Procedures
Dear Mr. Pfaff:
Please provide the following additional data as soon as possible so that we can better assess your need for telephone numbers.
1. For the following rate centers that are within the local calling area of the Beverly Hills rate center and which are located in the 818 NPA (North Hollywood, Van Nuys, Burbank: Burbank DA, Burbank Sun Valley DA, Glendale, Reseda, San Femando-Sepulveda DA); the 213 NPA (LA DA 1, LA DA 7, and LA DA 10); and the 323 NPA (LA DA 2, LA DA 3, LA DA 4, LA DA 5, LA DA 6, LA DA 8, LA DA 9, LA DA I 1, LA DA 12, and LA DA 14), please provide Sprint PCS' utilization data as of May 31, 2000. The format and definitions of the utilization data is attached. Please identify whether each NXX code (also known as a prefix) is associated with a tandem and/or the end office connection location (this information should be included in column T).
2. In the information Sprint provided to the CPUC staff on June 9, 2000, there is an apparent anomaly in the data provided. Sprint lists two NXX codes (693 and 694) as located in the 818 NPA in the LSAN DA 01 Rate Center. Staff has confirmed that this is also how the codes are listed in the LERG. Our records do not indicate there is any LSAN DA 0l Rate Center in the 818 NPA; there is, however, a LSAN DA 01 Rate Center in the 213 NPA. Please explain how a rate center in the 213 NPA can be in a non-contiguous and separate area code.
Send the above data to the Telecommunications Division attention Cherrie Conner. If you have any questions or concerns do not hesitate to contact me at (415) 703-2767.
Sincerely,
/s/ Mary Jo Borak for Cherrie Conner
Cherrie A. Conner
Telecommunications Division
cc: J. Leutza
R. Hernandez
M. Mickiewicz
APPENDIX D
Cover Letter of Sprint PCS in Response to Independent
Inquiry of Telecommunications Division Director of June 13, 2000
(providing confidential data regarding the Culver City Rate Center)
07/18/2000 TUE 12:15 FAX 001/012
Jeffrey M. Pfaff Sprint PCs
Legal Department 4900 Main, 11th Floor
Attorney Kansas City, MO 64112
Voice 816 559 1912
Fax 816 559 2591
Via facsimile (415.703.4405) and regular mail
California Public Utilities Commission
Telecommunications Division
505 Van Ness Avenue, 3rd Floor
San Francisco, CA 94102
ATTN: Bishu Chatterjee
Dear Sirs;
Enclosed please find the additional utilization information sought by the CPUC by Jack Leutza in his correspondence dated June 13, 2000.
This information is highly proprietary and confidential. Sprint PCS provides this information with the understanding that it will be handled subject to confidential treatment. If you have any questions, please contact the undersigned.
Respectfully submitted,
/s/ Jeffrey M. Pfaff
cc: Scott Ludwikowski
