WASHINGTON-The Federal Communications Commission last week gave four states interim authority to implement number conservation measures, including number pooling.
The states-California, Florida, Massachusetts and New York-had argued it was necessary to implement number relief measures now rather than wait for the FCC to finish with a comprehensive numbering plan sometime next year.
The relief will be suspended once the FCC adopts new rules. Proposed rules were released earlier this year. FCC Chairman William Kennard has said publicly he expects to complete the rules before the end of March.
Each of the states will be allowed to develop number pooling trials, but only carriers that have implemented local number portability will be required to participate. Wireless carriers do not have to implement LNP until Nov. 24, 2002.
The wireless industry has consistently argued it is the most efficient user of telephone numbers and should not be required to live under conservation schemes that favor wireline carriers.
The National Association of Regulatory Utility Commissioners was pleased with both the decisions and the length of time it took to make the decisions.
“NARUC is very pleased with the decision … [The FCC has] worked very hard with the states. I am very pleased with how fast they came out with a decision. This is lightning speed,” said NARUC telecommunications attorney James Bradford Ramsay.
The telecommunications industry has resisted giving states special powers for number pooling because it believes the action would dilute the impact of a nationwide numbering system.
“The alternative to the adoption of nationwide numbering conservation solutions is a `patchwork’ of individualized, local measures that would subject carriers to inconsistent state numbering administration regimes and impermissibly compromise the [FCC’s] exclusive jurisdiction over the North American Numbering Plan for the United States,” said the Cellular Telecommunications Industry Association in its reply comments regarding the FCC’s proposed rules for number conservation.
The industry, which seemed to know the decision was coming, reacted as expected.
“I don’t think any carriers, be they wireless or otherwise, jump up for joy about having an extra layer of authority,” said CTIA counsel Lolita D. Smith.
The Personal Communications Industry Association again urged the FCC to implement a nationwide plan.
“We are disappointed that the FCC decided to provide California, Florida, Massachusetts and New York with authority to establish state-specific number management measures … Rather than open-ended multistate consultations, PCIA urges the FCC to develop a single national framework for numbering, one that will ultimately meet the states’ needs in a more efficient and timely matter,” said Harold Salters, PCIA director of government relations.
Ramsay said the state’s efforts to get some relief was not about undermining the FCC’s authority. “This was never a turf battle,” he said.
Smith also questioned the timing of the decisions, noting the FCC could release its rules as early as the end of the year. “What can they actually do before the FCC [comes out with new rules]?” she asked.
Both CTIA and PCIA were pleased the FCC did not require wireless carriers to implement number pooling.
“We are pleased that they maintained status quo with regard to number pooling … they didn’t want to rock the boat in this proceeding … This is better dealt with in the larger [notice of proposed rule making],” Smith said.
Number pooling is considered technically difficult by the wireless industry because wireless carriers have not implemented LNP due to the mandate that wireless carriers maintain their customers’ abilities to roam.
For roaming to be nationwide, the wireless industry believes all wireless carriers must implement local number portability at the same time. In contrast, the wireline industry is phasing in LNP.
In other numbering actions, the Public Utilities Commission of Ohio has asked the FCC for authority to implement a wireless-only overlay for the 330 area code, which covers Akron, Canton and Youngstown, Ohio.
An overlay creates a new area code in the same location as the old one. New phone numbers would get the new area code, while existing numbers would keep the old code.
The industry has generally opposed wireless-only overlays because of their desire to compete with wireline on an even footing.
