*Pages 1--9 from Microsoft Word - 17114* Federal Communications Commission DA 02- 948 Before the Federal Communications Commission Washington, D. C. 20554 In the matter of Numbering Resource Optimization ) ) ) ) ) CC Docket No. 99- 200 ORDER Adopted: April 24, 2002 Released: April 24, 2002 By the Deputy Bureau Chief: I. INTRODUCTION 1. In this Order, we adopt the attached national thousands- block pooling rollout schedule, and address other issues pertaining to national thousands- block number pooling. In a Public Notice released on October 17, 2001, the Common Carrier Bureau (Bureau) sought comment on the proposed rollout schedule for national thousands- block number pooling. 1 The Bureau received comments regarding the rollout schedule and other pooling related issues. On December 28, 2001, the Bureau released a Public Notice announcing the first quarter schedule for national thousands- block number pooling. 2 The Bureau accommodated several states’ requests to substitute numbering plan areas (NPAs or area codes) in the first quarter, and deferred decisions on other issues raised by the commenters. 3 This Order addresses those other issues raised by parties in their comments regarding the rollout schedule in general and specific requests for changes to the remaining quarters of the rollout schedule. 4 Specifically, it addresses the guidelines used in establishing the rollout schedule; the geographic scope to be covered by pooling; the number of NPAs per NPAC region to be pooled each quarter; implementation requirements for Commercial Mobile Radio Service (CMRS) carriers; general criteria for pooling in areas subject to a geographic split; and corrections to the identified Metropolitan Statistical Areas (MSAs). II. DISCUSSION 2. The rollout schedule adopted herein contains some modifications from the schedule proposed in the Pooling Notice, primarily to accommodate several states’ requests to swap NPAs in the 1 The Common Carrier Bureau Seeks Comment on the National Thousands- Block Number Pooling Rollout Schedule, CC Docket No. 99- 200, Public Notice, 16 FCC Rcd 18615 (2001) (Pooling Notice). 2 The Common Carrier Bureau Announces the First Quarter Schedule for National Thousands- Block Number Pooling, CC Docket No. 99- 200, Public Notice, 17 FCC Rcd 103 (2001). 3 In the Pooling Notice, the Bureau accommodated requests by five states to substitute NPAs into the first quarter of the schedule. The Bureau also accommodated California’s request to delete an NPA from the first quarter schedule and Tennessee’s request to place an NPA on the first quarter schedule. 4 The rollout schedule is in Appendix A of this Order. 1 Federal Communications Commission 02- 948 2 rollout schedule. 5 In modifying the schedule, we granted those requests that are consistent with our national policies. Thus, we considered the extent to which a state has been granted delegated authority to implement pooling but has not had the opportunity to do so, whether the NPA is in a top 100 MSA, and whether the NPA is in jeopardy. We grant all state requests to swap NPAs when both NPAs are within a top 100 MSA. We note that except for state requested substitutions, no NPAs are moved to a later date on the rollout schedule. 3. As noted in the First Report and Order, the greatest benefits from pooling are achieved when all, or most, carriers providing service in the pooling area are able to participate in pooling. 6 The network architecture used for pooling, Local Routing Number (LRN), is more widely deployed in switches located within the largest 100 MSAs. 7 Thus, the Commission concluded that pooling deployment should initially occur in the largest 100 MSAs. 8 For this reason, we deny requests to swap an NPA within a top 100 MSA with an NPA that is not within a top 100 MSA. 9 We, however, will consider extending pooling to NPAs outside of the top 100 MSAs once pooling is implemented in the top 100 MSAs. In evaluating requests to modify the schedule, we also give priority to NPAs where jeopardy has been declared and to NPAs that were initially pooled or scheduled to be pooled pursuant to delegations of pooling authority to state commissions. The Commission previously determined that these NPAs should be granted priority, because pooling will likely achieve greater efficiencies in such NPAs. 10 4. Geographic Scope. SBC and the Illinois Commerce Commission (Illinois) request that pooling be done in entire NPAs, and not merely in rate centers within a top 100 MSA. 11 On the other hand, BellSouth objects to pooling in the portions of an NPA that are not a part of a top 100 MSA. 12 In the First Report and Order, the Commission clarified that where an NPA encompasses areas both inside and outside of the qualifying MSA, pooling will be required only in those rate centers in the NPA that are a part of a top 100 MSA. 13 We therefore decline to mandate pooling in rate centers that are not part of a top 100 MSA. 14 We, nonetheless, encourage voluntary pooling in areas adjoining qualifying MSAs, especially where competition is present and benefits can be achieved by pooling. Moreover, we note that where states have received delegated authority to implement pooling in certain MSAs, such MSAs may be subject to mandatory pooling even if they are not a top 100 MSA. 5. Pooling Rollout Schedule. The pooling rollout schedule establishes number pools in 5 See Pooling Notice. In response to the Pooling Notice, we received requests from sixteen states and four Local Exchange Carriers (LECs) to modify the rollout schedule. Most of the modifications to the proposed schedules are the result of requests by state commissions to switch NPA’s on the schedule. 6 See Numbering Resource Optimization, CC Docket No. 99- 200, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 7574, 7645, para. 158 (2000) (First Report and Order). 7 LRN was initially designed for local number portability (LNP) deployment, but it is also used for pooling. See First Report and Order, 15 FCC Rcd at 7644, para. 157. 8 First Report and Order, 15 FCC Rcd at 7645, para. 158. 9 For example, Minnesota requested that we insert the 507 NPA, which has no top 100 MSA affiliation, in the 1 st quarter of the schedule, in place of the 320 NPA, which does have a top 100 MSA affiliation. We denied this request. See Minnesota PUC Comments at 3- 4. 10 First Report and Order, 15 FCC Rcd at 7647, para. 161. 11 See SBC Comments at 9; Illinois Comments at 2 (requesting that the Commission rollout pooling in the portions of the 618 and 815 NPAs that are not part of a top 100 MSA). 12 See BellSouth Reply Comments at 4. 13 First Report and Order, 15 FCC Rcd at 7645, para. 158. 14 See SBC Comments at 9; Illinois Comments at 2. 2 Federal Communications Commission 02- 948 3 approximately 21 NPAs per quarter, but it does not include three NPAs from each of the seven NPAC regions in every quarter as originally contemplated. 15 Some commenters suggest that the proposed rollout should contain no more than three NPAs per NPAC region per quarter, because they claim it would be difficult for carriers to marshal their resources to pool more than three NPAs per NPAC region per quarter. 16 We believe that the benefits of pooling 21 NPAs per quarter, even if there are more than three in some NPAC regions, outweigh any burdens carriers may experience. We decline to extend the time needed to implement pooling in the top 100 MSAs by limiting the pooling rollout to a maximum of three NPAs per NPAC region per quarter. All of the NPAs in the Northeast region have implemented pooling. 17 Thus, if we strictly adhered to three NPAs per NPAC region per quarter, each quarter would have less than 21 NPAs being pooled, and the pooling rollout schedule would be lengthened by approximately two years. Extending pooling rollout for two years would unnecessarily result in continued inefficient use of numbers and thus undermine our goal of extending the life of the NANP. Although we intend to roll out pooling as quickly as is practical, we are sensitive to the difficulties some carriers may encounter by implementing pooling in more than three NPAs per NPAC region. 18 We note that we have been responsive to specific concerns raised by states by adjusting the rollout schedule accordingly. For example, the initial rollout schedule contained four NPAs in California; and the California PUC suggested that, to reduce the burden on carriers in California, only three NPAs should be rolled out in the quarter. 19 We implemented California’s suggestion and removed one California NPA from the first quarter schedule. 6. CMRS Pooling Implementation Milestones. VoiceStream asserts that the Commission should establish a pooling catch- up process that will allow CMRS carriers to commence pooling by November 24, 2002 in all of the NPAs subject to pooling at that time. 20 We decline to adopt specific milestones and find that such a process is unnecessary. CMRS carriers have known of the pooling deadline for several years now and have had ample opportunity to take the steps necessary to meet this deadline. In fact, the North American Numbering Council (NANC) subcommittees have been developing milestones and guidelines to assist wireless carriers. 21 Moreover, the Pooling Administrator has been working with a NANC subcommittee to establish procedures that would allow wireless carriers to test the pooling process by participating in a process called Native Block Pooling. 22 The process is designed to 15 See e. g., Bell South Comments at 2- 5; SBC Comments at 3- 7; USTA Comments at 2- 4. 16 See First Report and Order at 7645- 46, para. 159. 17 The 401 NPA in Rhode Island and the 802 NPA in Vermont, the final two NPAs to be pooled in the Northeast Region, were part of the first quarter rollout. 18 We note that in the initial quarters of the rollout schedule there are a few NPAs that do not contain top 100 MSAs. These NPAs have been placed in the initial quarters for a variety of reasons (e. g., balancing the need to rollout pooling initially in areas that would have the greatest benefit with the goal of limiting the number of NPAs in the initial rollout schedule to three NPAs per quarter in each NPAC region), to facilitate the most efficient rollout schedule. 19 California Public Utilities Commission Comments at 2- 3. 20 See VoiceStream Wireless Corporation Comments at 1. See also Rural Cellular Association Comments at 2- 5. 21 See Native Block Pooling Procedures, submitted by NANC Wireless Number Portability Subcommittee, Wireless Pooling Task Force, V1. 3 (Feb. 2002); Wireless Number Portability Operations Risk Assessment Report: Launching Wireless Pooling or Porting Without Ubiquitous Separation of the MIN & MDN (Feb. 5, 2002); Wireless Number Portability Operations Status Report to NANC (Feb. 11, 2002). 22 In March 2002, NeuStar implemented Native Block Pooling for wireless carriers. Native Block Pooling is a process which allows wireless carriers to participate in the initial milestones of traditional thousands- block pooling, prior to actually pooling their thousands- blocks with blocks donated by other carriers. The thousands- blocks donated by carriers in Native Block Pooling are reserved and assigned to the carrier that donated the block in (continued....) 3 Federal Communications Commission 02- 948 4 help ease CMRS providers’ transition to national thousands- block number pooling, by allowing them to simulate pooling. Thus, we find that we need not adopt guidelines and procedures to facilitate the timely implementation of pooling by CMRS carriers on November 24, 2002. 23 7. Geographic Split. The Public Utility Commission of Texas proposes that we order pooling for NPAs created by a geographic split if the original NPA is pooled, thus treating them in the same way as overlay NPAs. 24 We decline to universally require pooling in area codes created by a geographic split. As the Commission stated in the First Report and Order, NPAs created as a result of a geographic split are essentially new NPAs with a geographic identity different from that of the original NPA. In fact, NPAs created by a geographic split of an NPA that encompasses a top 100 MSA may not necessarily include a top 100 MSA, as would those same areas subject to an overlay. Based on the criteria we have established for pooling, NPAs created by a geographic split will be subject to pooling only in those portions of the new area code that are in a top 100 MSA, subject to the rule we have set forth above. 25 8. Other Issues. Some commenters suggest the Commission should not set specific planning schedules for pooling rollout, such as the date of the first implementation meeting for pooling in an NPA. 26 We agree. We have established the national pooling rollout schedule, and we have delegated authority to the Pooling Administrator to manage the tasks, including implementation meetings, necessary to complete the rollout schedule we establish herein. 9. The Minnesota Public Utilities Commission and BellSouth assert that the Pooling Administrator identified some of the NPAs in the rollout schedule with the incorrect MSA. 27 We concur, and the Pooling Administrator has made the appropriate changes in the rollout schedule. 28 Finally, commenters raised other issues: the implementation of a cost recovery mechanism, pooling requirements for non- LNP capable carriers, and a request to add voluntary trials to the rollout schedule. These issues were addressed in the Third Report and Order and the Third Order on Reconsideration. 29 We, therefore, (... continued from previous page) accordance with the number assignment requirements. Native Block Pooling will allow carriers to prepare for transition to traditional pooling beginning November 24, 2002. 23 In seeking forbearance from the local number portability requirements, Verizon asserted that it would implement pooling by November 24, 2002. Verizon Wireless’ Petition for Partial Forbearance From the Commercial Mobile Radio Services Number Portability Obligation, WT Docket No. 01- 184 (filed July 26, 2001) (Verizon Petition) at 1-2. Other carriers made similar assurances. See Sprint PCS Comments at 1 in WT Docket No. 01- 184 and AT& T Wireless Services, Inc. Comments at 2 in WT Docket No. 01- 184. 24 Public Utility Commission of Texas Comments at 3- 4. 25 See supra at para. 4 26 See Cincinnati Bell Comments at 6; USTA Comments at 4- 5. 27 Minnesota Comments at 4- 5 (requesting that the 320 NPA be classified as the St. Cloud MSA instead of the Minneapolis/ St. Paul MSA; BellSouth Comments at 15- 19 (stating that the 423, 601, 931 & 606 NPAs are identified with the incorrect MSAs). 28 A copy of the guidelines used by the Pooling Administrator to determine which NPAs are to be associated with which MSAs, and the MSA/ NPA association changes to the pooling rollout schedule are available on the Pooling Administrator’s web site at www. nationalpooling. com. 29 Numbering Resource Optimization, CC Docket No. 99- 200, Third Report and Order and Second Order on Reconsideration, 17 FCC Rcd 252, 264- 275, paras. 24- 46 (2001) (Third Report and Order) (establishing the cost recovery mechanism for pooling); at 258- 262, paras. 14- 21 (addressing pooling requirements for non- LNP capable carriers). See Numbering Resource Optimization, CC Docket Nos. 99- 200 and 95- 116, Third Order on Reconsideration and Third Further Notice of Proposed Rulemaking in CC Docket 99- 200, and Second Further Notice of Proposed Rulemaking in CC Docket No. 95- 116, 17 FCC Rcd 4784, 4785- 88, paras. 4- 10 (2002) (Third (continued....) 4 Federal Communications Commission 02- 948 5 do not address them here. III. ORDERING CLAUSE 10. Accordingly, pursuant to sections 1, 4( i), and 251 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151, 154( i), and 251, and pursuant to sections 0.91, 0.291, 1.1 and 52.9( b) of the Commission’s Rules, 47 C. F. R. §§ 0.91, 0.291, 1. 1 and 52.9( b), IT IS ORDERED that National Thousands- Block Number Pooling Schedule is established to the extent described herein. Carol E. Mattey Deputy Bureau Chief Wireline Competition Bureau (... continued from previous page) Order on Reconsideration) (addressing pooling and LNP requirements and seeking further comment on these requirements). See also Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Petition of Representative Keith R. McCall and Members of the Northeast Delegation of the Pennsylvania House of Representatives Requesting that Additional Authority be Delegated to the Pennsylvania Public Utility Commission to Implement Additional Number Conservation Measures; Petition of the Louisiana Public Service Commission for Expedited Decision for Additional Delegated Authority to Implement Number Conservation Measures Regarding 318; CC Docket Nos. 99- 200, 96- 98, Order, 17 FCC Rcd 134 (2001) (granting Pennsylvania’s request to add the voluntary trials in the 570 and 717 NPAs to the national pooling program). 5 Federal Communications Commission 02- 948 6 Appendix A National Thousands- Block Number Pooling Rollout Schedule – Quarters 2- 7 2nd Quarter – June 15, 2002 - September 14, 2002 NPA Region State MSA TOP 100 Jeopardy 215/ 267/ 445 MA PENNSYLVANIA Philadelphia, PA Y 856 MA NEW JERSEY Philadelphia, PA Y 609 MA NEW JERSEY Philadelphia, PA Y 251 SE ALABAMA Mobile, AL Y 305/ 786 SE FLORIDA Miami, FL Y Y 865 SE TENNESSEE Knoxville, TN Y 205 SE ALABAMA Birmingham, AL Y 618 MW ILLINOIS St. Louis, MO Y Y1 248/ 947 MW MICHIGAN Detroit, MI Y Y1 616 & 269 MW MICHIGAN Grand Rapids- Muskegon- Holland, MI Y Y1 262 MW WISCONSIN Milwaukee- Waukeesha, WI Y 810 MW MICHIGAN Detroit, MI Y Y 409 SW TEXAS Houston, TX Y 660 SW MISSOURI Kansas City, MO Y 316 SW KANSAS Wichita, KS Y 712 WE IOWA Omaha, NE Y 208 WE IDAHO Boise, ID Y 612 WE MINNESOTA Minneapolis- St. Paul, MN Y 760 WC CALIFORNIA Riverside- San Bernadino, CA Y Y 559 WC CALIFORNIA Fresno, CA Y Y 530 WC CALIFORNIA Sacramento, CA Y Y 3 rd Quarter - September 15, 2002 - December 14, 2002 NPA Region State MSA TOP 100 Jeopardy 908 MA NEW JERSEY Newark, NJ Y 304 MA WEST VIRGINIA Washington, DC Y Y1 814 MA PENNSYLVANIA Erie, PA N 423 SE TENNESSEE Chattanooga, TN Y 985 SE LOUISIANA New Orleans, LA Y 727 SE FLORIDA Tampa- St. Petersburg- Clearwater, FL Y 318 SE LOUISIANA Shreveport- Bossier City, LA N 517 MW MICHIGAN Ann Arbor, MI Y Y 586 MW MICHIGAN Detroit, MI Y 937 MW OHIO Dayton- Springfield, OH Y 765 MW INDIANA Indianapolis, IN Y 636 SW MISSOURI St. Louis, MO Y 936 SW TEXAS Houston, TX Y 940 SW TEXAS Dallas, TX Y 817/ 682 SW TEXAS Fort Worth, TX Y 651 WE MINNESOTA Minneapolis- St. Paul, MN Y 520 WE ARIZONA Tucson, AZ Y Y 206/ 564 WE WASHINGTON Seattle- Bellevue- Everett, WA Y 213 WC CALIFORNIA Los Angeles- Long Beach, CA Y 831 WC CALIFORNIA Fresno, CA Y 6 Federal Communications Commission 02- 948 7 775 WC NEVADA Las Vegas, NV Y 7 Federal Communications Commission 02- 948 8 National Thousands- Block Number Pooling Rollout Schedule 4th Quarter - December 15, 2002 - March 14, 2003 NPA Region State MSA TOP 100 Jeopardy 352 SE FLORIDA Tampa- St. Petersburg- Clearwater, FL Y 864 SE SOUTH CAROLINA Greenville- Spartanburg- Anderson, SC Y 502 SE KENTUCKY Louisville, KY Y 843 SE SOUTH CAROLINA Charleston- North Charleston, SC Y 803 SE SOUTH CAROLINA Columbia, SC Y 740 MW OHIO Columbus, OH Y 989 MW MICHIGAN Saginaw- Bay City- Midland, MI N 330/ 234 MW OHIO Akron, OH Y 419/ 567 MW OHIO Toledo, OH Y 217 MW ILLINOIS Springfield, IL N 812 MW INDIANA Cincinnati, OH Y 913 SW KANSAS Kansas City, MO Y 830 SW TEXAS San Antonio, TX Y 979 SW TEXAS Houston, TX Y 623 WE ARIZONA Phoenix- Mesa, AZ Y 218 WE MINNESOTA Duluth- Superior, MN- WI N 928 WE ARIZONA Phoenix- Mesa, AZ Y 952 WE MINNESOTA Minneapolis- St. Paul, MN Y 808 WC HAWAII Honolulu, HI Y 702 WC NEVADA Las Vegas, NV Y 661 WC CALIFORNIA Los Angeles- Long Beach, CA Y 5th Quarter - March 15, 2003 - June 14, 2003 NPA Region State MSA TOP 100 Jeopardy 606 SE KENTUCKY Huntington-- Ashland, WV-- KY— OH N 252 SE NORTH CAROLINA Norfolk- Va. Beach- Newport News, VA Y 813 - Mand SE FLORIDA Tampa- St. Petersburg- Clearwater, FL Y 225 SE LOUISIANA Baton Rouge, LA Y 662 SE MISSISSIPPI Memphis, TN Y 334 SE ALABAMA Montgomery, AL N Y 706 SE GEORGIA Augusta- Aiken, GA Y 231 MW MICHIGAN Grand Rapids- Muskegon- Holland, MI Y 920 MW WISCONSIN Milwaukee- Waukeesha, WI Y 513/ 283 MW OHIO Cincinnati, OH Y 614/ 380 MW OHIO Columbus, OH Y 216 MW OHIO Cleveland- Loraine- Elyria, OH Y 414 MW WISCONSIN Milwaukee- Waukeesha, WI Y 915 SW TEXAS El Paso, TX Y 903/ 430 SW TEXAS Dallas, TX Y 501 & 479 SW ARKANSAS Little Rock, AR Y 956 SW TEXAS McAllen- Edinburg- Mission, TX Y 253/ 564 WE WASHINGTON Seattle- Bellevue- Everett, WA Y 308 WE NEBRASKA Nebraska non- MSA N 763 WE MINNESOTA Minneapolis- St. Paul, MN Y 907 WC ALASKA Anchorage, AK N 8 Federal Communications Commission 02- 948 9 National Thousands- Block Number Pooling Rollout Schedule 6th Quarter - June 15, 2003 - September 14, 2003 NPA Region State MSA TOP 100 Jeopardy 787/ 939 SE PUERTO RICO San Juan, PR Y 601 SE MISSISSIPPI Jackson, MI Y Y 478 SE GEORGIA Macon, GA N 912 SE GEORGIA Savannah, GA N 228 SE MISSISSIPPI Biloxi- Gulfport- Pascagoula, MS N 229 SE GEORGIA Albany, GA N 256 SE ALABAMA Huntsville, AL N 715 MW WISCONSIN Minneapolis- St. Paul, MN Y 906 MW MICHIGAN Michigan non- MSA N 608 MW WISCONSIN Madison, WI Y 309 MW ILLINOIS Peoria- Pekin, IL N 785 SW KANSAS Topeka, KS N 806 SW TEXAS Lubbock, TX N 254 SW TEXAS Fort Worth, TX Y 319 WE IOWA Cedar Rapids, IA N 435 WE UTAH Utah non- MSA N 701 WE NORTH DAKOTA Fargo- Morrhead, ND- MN N 307 WE WYOMING Cheyenne, WY N 719 WE COLORADO Colorado Springs, CO Y 563 WE IOWA Davenport- Moline- Rock Island, IA- IL N 605 WE SOUTH DAKOTA Sioux Falls, SD N 7 th Quarter - September 15, 2003 - December 14, 2003 NPA Region State MSA TOP 100 Jeopardy 931 SE TENNESSEE Clarksville- Hopkinsville, TN- KY N 863 SE FLORIDA Lakeland- Winter Haven, FL Y 337 SE LOUISIANA Lafayette, LA N 828 SE NORTH CAROLINA Hickory- Morgantown- Lenoir, NC N 850 SE FLORIDA Pensacola, FL Y 910 SE NORTH CAROLINA Fayetteville, NC N 270 SE KENTUCKY Evansville- Henderson, IN- KY N 620 SW KANSAS Wichita, KS Y 361 SW TEXAS Corpus Christi, TX N 417 SW MISSOURI Springfield, MO N 580 SW OKLAHOMA Oklahoma City, OK Y 870 SW ARKANSAS Little Rock, AR Y 406 WE MONTANA Billings, MT N 320 WE MINNESOTA Minneapolis- St. Paul, MN Y 970 WE COLORADO Fort Collins- Loveland, CO Y 9