V. 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 and Practice and Procedure. Comments were filed on April 10, 2006 and reply comments were filed on April 17, 2006.

We have reviewed parties' comments on the Draft Decision in finalizing this order. In comments on the Draft Decision, certain parties reiterate their request that the Commission immediately institute a proceeding to consolidate or eliminate rate centers to help defer or eliminate the need for new area codes in the future. While we have already acknowledged that rate center consolidation/elimination may be a useful long-term strategy to explore, initiating such a proceeding is beyond the scope of the instant decision. We are here addressing only the limited question of whether to modify D.05-08-040 to defer implementing the 310/424 area code overlay. Parties' proposal to institute a new rate center consolidation proceeding would be relevant only with respect to future area code relief planning, but would not change the current schedule for implementing the 310/424 area code overlay. A similar principle applies to comments on the Draft Decision asking that the Commission add an ordering paragraph calling for immediate steps for implementing rules for unassigned number portability.

Parties' requests for the Commission to initiate a proceeding for either rate center consolidation/ elimination or unassigned number portability is beyond the limited scope of the instant decision, and would be more appropriately taken up in a separate order. In this regard, Rule 14.7 of the Commission's Rules of Practice and Procedure sets forth the provisions for petitioning the Commission for a rulemaking to adopt, amend or repeal a regulation.