IV. Comments on Draft Decision
The draft decision of the ALJ 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 on and reply comments on .
1. In D.99-11-027, the Commission prescribed procedures for the return of unused NXX codes and for the assignment of NXX codes based upon imminent exhaust criteria for the 310 NPA.
2. In D.00-03-054, the Commission adopted the use of a 75% minimum fill rate and sequential numbering requirements as a basis for carriers' eligibility to obtain NXX codes or thousand number blocks (in the case of pooling participants) in the 310 NPA.
3. The numbering crisis in the 310 NPA that led to the adoption of number conservation measures as set forth in D.99-11-027 and D.00-03-054 also exists to varying degrees in other NPAs throughout California.
4. It will promote more efficient utilization of numbering resources to adopt fill rate criteria for all NPAs in California.
5. The FCC NRO Order directed the NANPA to abide by a state commission's determination to reclaim an NXX code if the state commission is satisfied that the code holder has not activated the code within the time specified by the FCC.
6. The time frame adopted in D.99-11-027 requiring return of codes within three months is inconsistent with the six-month window required before requiring the return of codes under the FCC rules.
7. The FCC has adopted documentation requirements that carriers must meet in order to obtain an initial code in each rate center.
8. With respect to rules governing carriers' ability to obtain growth codes, the FCC deferred the implementation of specific qualifying fill rate criteria until January 1, 2001.
9. The FCC has exempted carriers participating in number pooling from being subject to minimum fill rate requirements.
10. The FCC has required state commissions to conform their state number pooling rules to those of the FCC by September 1, 2000.
11. In its NRO Order, the FCC adopted a rule requiring carriers seeking to utilize a previously opened thousand number block in its entirety before opening an uncontaminated block to provide supporting justification to the state commission.
1. It is within the scope of the FCC's delegated grant of authority for this Commission to implement and enforce statewide orders requiring carriers to return unused codes, provided that FCC-mandated criteria as prescribed in the NRO Order are followed.
2. It is within the scope of the FCC's delegated authority for this Commission to impose minimum fill rates, sequential numbering and imminent exhaust criteria for growth codes as prescribed in D.99-11-027 and D.00-03-054, respectively, until FCC rules for growth codes take effect that are in conflict with state rules.
3. It will promote more efficient utilization of numbering resources for the Commission to adopt minimum fill rates, sequential numbering and imminent exhaust criteria for all NPAs within California as well as for the 310 NPA.
4. Since the FCC has adopted requirements that carriers must meet to obtain initial codes, state-delegated authority to extend the imminent exhaust criteria in D.99-11-027 to other NPAs as a basis for obtaining an initial code in a given rate center is superseded.
5. State-mandated authority to establish fill rates cannot realistically be applied to requests for thousand number blocks in those NPAs in which number pooling trials will be implemented within the next few months, consistent with FCC directives for states to conform to federal pooling rules by September 1, 2000.
IT IS ORDERED that:
1. Any carrier that has held an NXX code in any Numbering Plan Area (NPA) within California for more than six months without being used is hereby directed to return that code to the North American Numbering Plan Administrator.
2. The "imminent exhaust criteria" set forth in Attachment A shall be applied to all NPAs that have entered into NXX rationing, or those that enter into such rationing subsequent to this order.
3. The number conservation measures adopted in this order shall remain in effect until superseded by Federal Communications Commission (FCC) rules, or otherwise are modified by subsequent Commission order.
4. Carriers shall satisfy a minimum 75% fill rate requirement before being eligible to request growth codes in any of the NPAs that have entered into NXX rationing, with the exception of local number portability-capable carriers in those NPAs scheduled for pooling trials beginning this year. The 75% fill rate shall be determined consistent with the methodology and formula adopted in Decision (D.) 00-03-054, but shall incorporate the FCC's definitions for assigned, intermediate, reserved, aging, administrative, and available number categories.
5. Carriers shall assign numbers in each NPA within California in thousand number block sequence, moving to the next block only once a 75% fill rate has been attained in the prior block, except where pooling trials are in operation. For those numbering resources subject to pooling trials, no specific fill rate shall be prescribed, but carriers shall assign numbers from thousand-blocks already in use on a sequential basis to the extent feasible. Within a given thousand number block, however, carriers shall have discretion in assign numbers in whatever sequence they deem warranted as long as the overall 75% fill rate criterion is observed.
6. The Director of Telecommunications Division, in consultation with the assigned Commissioner, may set aside codes within any NPA in California to be disbursed to carriers demonstrating extraordinary need outside of the lottery process. The Director of Telecommunications Division, in consultation with the assigned Commissioner, shall establish rules and guidelines determining standards on a statewide basis for extraordinary need for numbering resources, and shall consider as criteria: (a) carriers' ability to avail themselves to the thousand-block pooling and (b) carriers having been forced to deny service to customers for lack of numbers.
7. D.99-11-027 is hereby modified to reflect the provisions adopted herein, to (1) require carriers serving in the 310 NPA to return unused numbers within six months (instead of three months), and (2) to incorporate the FCC's definitions of categories of numbers in the reporting requirements for the adopted imminent exhaust criteria.
8. D.00-03-054 is hereby modified to provide that (1) the 75% minimum fill rate requirement will no longer apply to 310 NPA pooling participants beginning on September 1, 2000, and (2) that pooling participants in the 310 NPA shall remain subject to the sequential numbering requirements adopted in the Numbering Resource Optimization Order, and (3) to incorporate the FCC's definitions of categories of numbers as inputs in computing fill rates.
This order is effective today.
Dated , at San Francisco, California.
ATTACHMENT A
IMMINENT EXHAUST CRITERIA FOR GROWTH CODES
IN NPAs SUBJECT TO RATIONING
1. For each rate center in which a carrier submits a request, the carrier must supply NANPA with a Month-to-Exhaust form demonstrating, for that rate center, number exhaust within three months.
2. The carrier must also supply to NANPA 12 months of historic utilization data and 12 months of forecast data to support the exhaust projections. In presenting its utilization data, carriers must use the FCC definitions of numbers in the assigned, reserved, administrative, aging, and available categories as adopted in its NRO Order. (The utilization data should be provided by rate center, in whole numbers, not percentages.) If the average projected monthly demand is within 15% of the historic utilization rate, a carrier's forecast data will be accepted. If the demand exceeds 15% of the historic utilization rate, the carrier must explain the deviation prior to the NANPA's determination that a carrier's forecast data will be accepted or denied.
3. The carrier must provide documentation to the NANPA demonstrating that all numbers in its reserved status are only those numbers which have been held for 45 days or less in conformance with FCC rules.
4. The carrier must have reduced its aging period to 90 days for residential telephone numbers and 360 days for business telephone numbers as required by FCC rules. The carrier must provide appropriate documentation that it has met this criteria to the NANPA.
(END OF ATTACHMENT A)
