II. Procedural Requirements for Petitions for Modification

As prescribed by Rule 47(b), a Petition for Modification must concisely state the justification for the requested relief, and must propose specific wording to carry out the requested modifications to the decision. In this instance, the County has provided no specific wording to carry out its request, but merely asks the Commission to suspend the overlay while pursuing additional investigations. Nonetheless, given the importance of the concerns raised by the County, we shall consider the arguments raised by the County based on their substantive merits.

Rule 47 also requires that any factual allegations in a Petition for Modification must be supported with specific citations to the record in the proceeding or to matters that may be officially noticed. Allegations of new or changed facts must be supported by an appropriate declaration or affidavit. In support of its Petition, the County attached the "Declaration of Dr. Lee Selwyn" (Selwyn Declaration). The County also submitted a Reply Declaration of Dr. Selwyn. Based on the Selwyn Declarations, the County claims that there are several new and changed facts affecting number demand and supply within the 310 area code that do not appear to have been considered or addressed by D.05-08-040. Relying on these claims, the County seeks modification of D.05-08-040, asking for the immediate and indefinite suspension of the overlay implementation to allow for further analysis of number availability based on the gathering of additional data and investigation of the issues raised in the Petition.

The County has an interest in this matter since the 310/424 area code overlay will affect the residents, businesses, and governmental agencies located within County boundaries. The County undertook its own investigation of the need for the new 310/424 area code overlay in response to its constituents' complaints following the issuance of D.05-08-040. The County states that its Petition was not filed sooner because it did not yet have the "new information" on number availability, recent industry trends, and other data, as presented in its Petition.