Conclusions of Law
1. The Petition for Modification of D.00-07-022 filed by NeuStar, Inc. should be granted, in part, as set forth in the ordering paragraphs below.
2. The Petition for Modification of D.00-07-022 filed by NeuStar, Inc. should be denied, in part, to the extent that it seek access to confidential data and to exclude Direct Fees from the calculation of pro rata billings due from each carrier based on its assigned telephone numbers in the NPA subject to the number pool.
3. Instead of ordering release of confidential data, a preferable solution is to modify the adopted numerical formula for the pro rata calculation of number pooling billings to avoid the need for the PA to access any confidential data.
4. A reasonable and competitively neutral allocation of number pooling costs can be accomplished by basing the pro ration on total blocks of numbers held by each carrier.
5. In order to provide a reasonably up-to-date pro ration of billing costs, annual updating of the number block data used in the calculation is reasonable.
6. It would produce a more competitively neutral outcome for NeuStar to recover all of its pooling administration costs, including those now recovered through Direct Fees, through a pro rata allocation based on thousand-number blocks held by each carrier.
7. D.00-07-022 should be modified as set forth in the ordering paragraphs below.
IT IS ORDERED that:
1. Decision (D.) 00-07-052 is hereby modified as set forth below:
a. The following shall be added at the end of the second-to-last sentence of Ordering Paragraph (OP) 1.
The pro ration of contract payments for number pooling shall include those that were previously billed to carriers as "Direct Fees."
b. OP 2 of D.00-07-022 shall be superseded by the following ordering paragraph:
The Pooling Administrator is authorized to bill each carrier providing service in each NPA subject to pooling for shared contract costs based on the quantity of thousand-number blocks held by each carrier divided by total thousand number blocks held by all carriers in the NPA. For those carriers that are not participants in the number pool, their allocation of shared pooling costs shall be based on the total number of NXX codes they hold in the NPA (each NXX counting as ten thousand-number blocks). For carriers that are participants in the number pool, their total number blocks shall be the total number of NXX codes in their inventory, plus any thousand blocks they have drawn from the pool, less any thousand blocks they have donated to the pool. The pro ration factors used to compute the billing allocation shall be updated annually.
c. The following shall be added to the end of OP 3:
NeuStar may elect to apply the billing credit toward future billings otherwise due from a carrier within three months of the effective date of this decision. The billing credit shall only be applied to those CLECs that were previously billed for number pooling charges prior to the issuance of D.00-07-052. NeuStar shall make no subsequent adjustments to the credit if a new service provider begins service subsequent to the effective date of D.00-07-052.
2. The Petition for Modification of D.00-07-022 filed by NeuStar, Inc. is granted to the extent set forth in OP 1. In all other respects, the Petition is denied.
This order is effective today.
Dated _____________, at San Francisco, California.
