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State of Florida
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Public Service Commission Capital Circle Office Center ● 2540 Shumard
Oak Boulevard -M-E-M-O-R-A-N-D-U-M- |
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DATE: |
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TO: |
Office of Commission Clerk (Stauffer) |
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FROM: |
Office of Industry Development and Market Analysis (Deas, Fogleman, Wendel) Office of Auditing and Performance Analysis (Casey) Office of the General Counsel (Murphy) |
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RE: |
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AGENDA: |
07/10/18 – Regular Agenda – Interested Persons May Participate |
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COMMISSIONERS ASSIGNED: |
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PREHEARING OFFICER: |
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SPECIAL INSTRUCTIONS: |
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On May 16, 2018, the Florida Public Service Commission (Commission) received Notice from Neustar Inc., the North American Numbering Plan Administrator (NANPA), that the 407 area code is expected to exhaust in the next twelve months. (Attachment A) The 407 area code serves Orange, Osceola, Seminole and parts of Lake and Volusia Counties in Central Florida. (Attachment B) Calls within this area currently require ten digit dialing as a result of a limited area code overlay (321) approved by this Commission in 1998.[1]
NANPA is the neutral third-party administrator responsible for forecasting the exhaust of geographic area codes and for area code relief planning. NANPA publishes its forecasted exhaust of all area codes on a semi-annual basis. This forecast is used in determining when to start the process of adding another area code. Area codes exhaust when all the prefixes (also known as central office codes) are assigned. Each area code contains 792 usable prefixes containing 10,000 numbers each. When all of these prefixes are assigned, another area code is needed.
On May 15, 2001, NANPA petitioned the Commission for approval to implement an overlay relief plan for the 407/321 Numbering Plan Areas (NPA). The petition was filed based upon NANPA’s projection that the central office codes (NXX codes) for the 407/321 NPA would exhaust during the fourth quarter of 2003. On March 25, 2002, by Order No. PSC-2002-0405-FOF-TL, the Commission approved an overlay area code relief plan for the 407/321 NPA. The approved relief plan was the implementation of a third area code overlay in the existing 407/321 NPA. NANPA assigned the 689 area code to the 407/321 NPA with an implementation date of July 15, 2002. However, prior to the implementation date, new exhaust dates were posted by NANPA. Based on the new information obtained from NANPA, there were approximately two-hundred 407 NXX codes remaining in the 407/321 NPA. It was estimated that the remaining life of the 407/321 NPA would be extended for approximately 8.77 years.
On May 31, 2002, the Commission issued Order No. PSC-2002-0743-FOF-TL indefinitely suspending the implementation of the 689 overlay due to the estimated exhaust dates for the 407/321 NPA having changed significantly. Also, the Commission directed NANPA to officially inform the Commission within one year of the exhaust of available 407 NXX codes. Since the issuance of that Order, thousand-block number pooling and code reclamation number conservation measures implemented by the Commission have delayed the need for another area code in the 407/321 NPA for 16 years.[2]
By Order No. PSC-2002-0405-FOF-TL, the Commission also ordered that all unassigned 321 NXX codes would be reserved for assignment in Brevard County. Since that Order, NANPA inadvertently assigned 56 NXX codes outside of Brevard County. This represents approximately 7 percent of the 321 NXX codes. NANPA established processes to correct this problem and no 321 NXX codes have been assigned outside of Brevard County since 2015. Brevard County is only serviced by area code 321 and seven digit dialing is still utilized. Implementation of 689 area code will not directly affect Brevard County.
In accordance with Order No. PSC-2002-0743-FOF-TL, on May 16, 2018, NANPA notified the Commission that the current quantity of 407 NXX codes is only sufficient to meet demand for the next 12 months. Therefore, NANPA is requesting, on behalf of the industry, that the Commission lift the suspension on the implementation of the 689 overlay so that NANPA may begin the process of putting the 689 area code in place prior to the exhaust of the 407 NXX codes.
The Commission has jurisdiction to address this issue pursuant to Section 364.16(7) and 120.80(13)(d), Florida Statutes, and 47 C.F.R. § 52.19. Section 364.16(7), Florida Statutes provides that:
In order to ensure that consumers have access to different local exchange service providers without being disadvantaged, deterred, or inconvenienced by having to give up the consumer's existing local telephone number, the commission must make sure that all providers of local exchange services have access to local telephone numbering resources and assignments on equitable terms that include a recognition of the scarcity of such resources and that are in accordance with national assignment guidelines.
Section 120.80(13)(d), Florida Statutes provides that:
Notwithstanding the provisions of this chapter, in implementing the Telecommunications Act of 1996, Pub. L. No. 104-104, the Public Service Commission is authorized to employ procedures consistent with that act.
47 C.F.R. § 52.19 which provides in part that:
(a) State commissions may resolve matters involving the introduction of new area codes within their states. Such matters may include, but are not limited to: Directing whether area code relief will take the form of a geographic split, an overlay area code, or a boundary realignment; establishing new area code boundaries; establishing necessary dates for the implementation of area code relief plans; and directing public education efforts regarding area code changes.
(b) State commissions may perform any or all functions related to initiation and development of area code relief plans, so long as they act consistently with the guidelines enumerated in this part, and subject to paragraph (b)(2) of this section. For the purposes of this paragraph, initiation and development of area code relief planning encompasses all functions related to the implementation of new area codes that were performed by central office code administrators prior to February 8, 1996. Such functions may include: Declaring that the area code relief planning process should begin; convening and conducting meetings to which the telecommunications industry and the public are invited on area code relief for a particular area code; and developing the details of a proposed area code relief plan or plans.
