COM/LYN/TAH/epg ALTERNATE DRAFT

Agenda ID # 2826

Alternate to Agenda ID# 2823

Decision ALTERNATE DRAFT DECISION OF COMMISSIONER LYNCH (Mailed 9/30/2003)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking on the Commission's Own Motion into Competition for Local Exchange Service.

Rulemaking 95-04-043

(Filed April 26, 1995)

Order Instituting Investigation on the Commission's Own Motion into Competition for Local Exchange Service.

Investigation 95-04-044

(Filed April 26, 1995)

OPINION

TABLE OF CONTENTS

Title Page

I. Summary 2 2

II. Background 2 2

A. History of Procedural Actions Taken to Split the 909 Area Code 4 4

B. California's Innovative Number Conservation Measures Have Extended the Life of the 909 Area Code 6 6

C. Utilization Study and Audit of 909 Telephone Numbers 10 10

III. Discussion 13 13

A. Forecast versus Actual Demand for Telephone Numbers 14 14

B. Pending FCC Actions Could Extend the Life of the 909 Area Code 19 19

C. Continued Requirements for Effective Number Conservation 21 21

IV. Comments on Draft Decision 22 22

V. Assignment of Proceeding 22 22

Findings of Fact 22 22

Conclusions of Law 24 24

ORDER 26 26

I. Summary

Adequate telephone numbers still are available in the 909 area code to provide customers and telephone carriers with sufficient service. It is not necessary at this time to split or overlay the 909 area code by implementing one of the back-up plan options submitted by the North American Numbering Plan Administrator (NANPA) in June 2002. The FCC's recent approval of the Commission's petition to increase the contamination threshold to 25% in the 909 area code should return at least 280,000 telephone numbers for use by other carriers.

The Commission should closely monitor the additional need for telephone numbers in the 909 area code during the next six months to assure adequate telephone number supplies. The wireless local number portability requirement scheduled to take effect on November 24, 2003, would free up significant amounts of unused telephone numbers in the 909 area code. Prior to imposing the burden of an area code split or overlay on businesses and families in the 909 area code, the Commission should evaluate the success of wireless industry compliance with local number portability requirements this November.