frei PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION 
1919 M STREET, N.W. 
WASHINGTON, D.C. 20554 _______________________DA 97-2418
News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov
Released: November 18, 1997
COMMON CARRIER BUREAU SEEKS COMMENT ON PETITION FOR 
DECLARATORY RULING AND REQUEST FOR EXPEDITED ACTION FILED BY 
PROVIDERS OF COMMERCIAL MOBILE RADIO SERVICE IN PENNSYLVANIA
(NSD File No. L-97-42)
Comment Date: December 1, 1997 
Reply Comment Date: December 8, 1997
On November 17, 1997, a group of providers of commercial mobile radio service in 
Pennsylvania filed a petition for declaratory ruling and request for expedited action with the 
Commission. The petitioners are Nextel Communications, Inc., Sprint PCS, Vanguard 
Cellular Systems, Inc., 360 Communications Company, and Bell Atlantic Mobile, Inc. 
(collectively, Petitioners). Petitioners request that the Commission declare that an Order 
issued by the Pennsylvania Public Utility Commission (PaPUC) on July 15, 1997 is unlawful.
Petitioners allege that, in the Order, the PaPUC denied area code relief in three 
Pennsylvania area codes, 215, 610 and 717. Petitioners state that, instead, the PaPUC ordered 
an interim "transparent overlay code" and 1000 block number pooling upon implementation of 
permanent local number portability (LNP) by wireline carriers. Petitioners state that the 
PaPUC Order imposes regulatory requirements on carriers' use of numbers by carriers within 
central office codes (NXXs or CO codes) that have already been assigned to them. Petitioners 
allege that these mechanisms are unworkable for wireless carriers. Further, Petitioners state 
that the PaPUC has ordered code rationing that has effectively exhausted the NXXs available 
to wireless carriers. The Petitioners request that the Commission issue a declaratory ruling 
that: (1) finds that the PaPUC Order unlawfully exceeds state jurisdiction over number 
administration, unlawfully discriminates against Petitioners, and constitutes an unlawful barrier 
to entry; and (2) requires the PaPUC to provide immediately area code relief in the 215, 610, 
and 717 area codes.
We seek comment on the issues raised in the petition by December 1, 1997 and reply 
comments by December 8, 1997. Ex parte presentations in this proceeding will be governed 
by the procedures set forth in Section 1.1206 of the Commission's rules, that are applicable to 
"permit-but-disclose" proceedings. Interested parties should file an original and four copies of
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their comments with the Office of the Secretary, Federal Communications Commission, 1919 
M Street, N.W., Washington, D.C. 20554. In addition, parties should send two copies to 
Jeannie Grimes, Common Carrier Bureau, FCC, Suite 235, 2000 M Street, N.W., Washington, 
D.C. 20554, and one copy to ITS, at 1231 20th Street, N.W., Washington, D.C. 20036. 
Comments and reply comments will be available for public inspection and copying during 
regular business hours in the Commission's Public Reference Center, Room 239, 1919 M 
Street, N.W., Washington, D.C. 20554. Copies of comments and reply comments will also be 
available from ITS, at 1231 20th Street, N.W., Washington, D.C. 20036, or by calling (202) 
857-3800.
FOR FURTHER INFORMATION CONTACT: Erin Duffy at (202) 418-2320. The 
address is: Network Services Division, Common Carrier Bureau, Federal Communications 
Commission, 2000 M Street, NW, Suite 235, Washington, D.C. 20054. The fax number is: 
(202)418-2345. The TTY number is: (202)418-0484.
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