THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY MUNDY, McCALL, CARROLL, EACHUS, FABRIZIO, FAIRCHILD, FLECK, GEIST, GOODMAN, HARKINS, HORNAMAN, KOTIK, McILVAINE SMITH, PASHINSKI, SAINATO, SIPTROTH, STERN, WATSON AND GRELL, JANUARY 27, 2010

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 27, 2010  

A RESOLUTION

Memorializing the Federal Communications Commission to grant the

Pennsylvania Public Utility Commission's 2009 petition for

delegated authority to implement mandatory number pooling in

telecommunications rate centers in the Commonwealth of

Pennsylvania to increase the number of NXX codes available

for assignment and to make adjustments in the 570, 814 and

717 area codes that have been forecasted to become exhausted.

WHEREAS, The ready availability and use of numbering

resources by communications service providers is essential to

the public's receipt of the communications services it wants and

needs, and the unavailability of numbers, or an inefficient

allocation of available numbers, could prevent or discourage

consumers from taking new services; and

WHEREAS, Unless telephone numbers are assigned in a more

efficient manner, growth in new services could accelerate

telephone number exhaustion in the North American Numbering Plan

(NANP); and

WHEREAS, The Pennsylvania Public Utility Commission

(Commission), the Federal Communications Commission (FCC), the

Commonwealth of Pennsylvania's telecommunications industry and

the North American Numbering Council (NANC) have been working

together to implement various telephone numbering conservation

and optimization measures to promote a more efficient method of

assigning telephone numbers; and

WHEREAS, The premature implementation of new area codes

forces consumers and small businesses to go through the expense

and frustration of changing telephone numbers and dialing

patterns earlier or more often than necessary; and

WHEREAS, Section 251(e)(1) of the Communications Act of 1934,

as amended by the Telecommunications Act of 1996, gives the FCC

exclusive jurisdiction over the NANP in the United States and

permits the FCC to delegate any portion of that jurisdiction to

state regulatory commissions; and

WHEREAS, The FCC recognized that state commissions are

uniquely positioned to understand local conditions and the

potential effects associated with new area code or numbering

plan area (NPA) implementation and has authorized the states to

resolve various matters involving the implementation of new area

codes, subject to FCC rules and guidelines governing the

administration of telephone numbers; and

WHEREAS, The Pennsylvania Public Utility Commission has long

recognized the need for action on numbering issues and has

previously petitioned the FCC and has been granted additional

delegated authority to better conserve numbering resources

within the Commonwealth of Pennsylvania; and

WHEREAS, According to the October 2009 Number Resource

Utilization Forecast and Area Code Exhaust Analysis, the 570

area code is projected to exhaust all available NXX codes during

the third quarter of 2011 and the 570 area code was declared to

be in jeopardy on April 1, 2009, pursuant to current NPA

jeopardy procedures; and

WHEREAS, The same October 2009 Number Resource Utilization

Forecast and Area Code Exhaust Analysis projected the 814 area

code to exhaust all available NXX codes during the first quarter

of 2012; and

WHEREAS, The same October 2009 Number Resource Utilization

Forecast and Area Code Exhaust Analysis projected the 717 area

code to exhaust all available NXX codes during the third quarter

of 2012; and

WHEREAS, In July 2009, Neustar filed petitions on behalf of

the Commonwealth of Pennsylvania's telecommunications industry

with the Commission requesting approval of the industry reached

consensus to implement an all services distributed overlay for

the geographic areas covered by the 570 and 814 area codes,

which would create two new area codes to service both calling

areas; and

WHEREAS, In October 2009, Neustar filed a petition on behalf

of the Commonwealth of Pennsylvania's telecommunications

industry with the Commission requesting approval of the

industry-reached consensus to implement an 

all-services-distributed overlay for the geographic areas

covered by the 717 area code, which would create a new area code

to service the calling area; and

WHEREAS, The implementation of new area codes has been the

primary relief measure employed in geographic areas experiencing

numbering resource shortages brought on by the rapid growth in

demand for central office codes or NXX codes; and

WHEREAS, If authorized by the FCC, the Commission will be

permitted to implement a system that uses numbering resources in

the 570, 814 and 717 area codes more efficiently; and

WHEREAS, The efficiencies realized will reduce the need to

introduce new area codes, protect Pennsylvania's consumers,

small businesses and telecommunications companies from the

expense, trouble and dislocation that area code relief entails

and will prevent the premature exhaustion of all Pennsylvania's

area codes; therefore be it

RESOLVED, That the Pennsylvania Public Utility Commission is

best suited to make area code relief decisions in Pennsylvania

because of its unique position to ascertain and weigh the very

local and granular information, geography and consumer and small

business concerns inherent in the 570, 814 and 717 area code

relief decision-making processes; and be it further

RESOLVED, That the House of Representatives of the

Commonwealth of Pennsylvania support the Pennsylvania Public

Utility Commission's petition before the Federal Communications

Commission to better manage Pennsylvania's numbering resources

through mandatory pooling to minimize the impact to consumers

and small businesses of the unnecessary implementation of

additional area codes; and be it further

RESOLVED, That the House of Representatives of the

Commonwealth of Pennsylvania memorialize the Federal

Communications Commission to expeditiously approve the

Pennsylvania Public Utility Commission's petition to implement

mandatory number pooling in Pennsylvania's telecommunications

rate centers to better manage current area code resources and to

extend the life of 570, 814 and 717 area codes; and be it

further

RESOLVED, That copies of this resolution be transmitted to

the Chairman and Commissioners of the Federal Communications

Commission, the President of the United States and to the

presiding officers of each House of Congress and to each member

of Congress from Pennsylvania.