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                                                      PRINTER'S NO. 2921

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2228 Session of 2000


        INTRODUCED BY MAYERNIK, McCALL, PIPPY, ARGALL, BELFANTI, DRUCE,
           FAIRCHILD, FRANKEL, GORDNER, HARHAI, JOSEPHS, MANN,
           MICHLOVIC, MUNDY, SCRIMENTI, SEYFERT, STEELMAN, TIGUE,
           TRELLO, WALKO, WILLIAMS AND YOUNGBLOOD, FEBRUARY 7, 2000

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 7, 2000

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, further authorizing the commission to
     3     provide for telephone number conservation.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 66 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 531.  Telephone number conservation.
     9     (a)  Authority of commission.--The commission is hereby given
    10  the authority to provide for the conservation and efficient
    11  assignment of telephone numbers within the NPAs of this
    12  Commonwealth. The commission shall seek the assistance and
    13  participation of telecommunications companies in its
    14  conservation efforts and shall require that all such
    15  participating telecommunications companies provide for the
    16  efficient management of telephone numbers and for future
    17  reclamation of unused telephone numbers.


     1     (b)  Regulations.--No later than April 1, 2000, the
     2  commission shall adopt and promulgate regulations to govern
     3  telephone number conservation. Such regulations, to the maximum
     4  extent practicable, shall:
     5         (1)  Provide for the implementation of number pooling in
     6     locations where local number portability (LNP) has been
     7     implemented. Such regulations shall be consistent with
     8     telecommunications industry guidelines on NXX code
     9     administration. The regulations may:
    10             (i)  Direct all participating NXX code holders with
    11         numbers assigned to the NPAs in this Commonwealth, or any
    12         subsequent NPA assigned to Pennsylvania, to assign
    13         telephone numbers from a single thousand block within an
    14         NXX until that thousand block is within 60 days of
    15         exhaust; that is, until all numbers in that thousand
    16         block are assigned to an end user or are unassignable or
    17         reserved due to internal testing, number aging/cooling or
    18         planning.
    19             (ii)  Permit such NXX code holder to assign telephone
    20         numbers in a thousand block differently from that
    21         thousand block described in subparagraph (i) where,
    22         except for the circumstances described in subparagraph
    23         (i), such assignment does not result in the creation of
    24         multiple contaminated blocks within an NXX code.
    25             (iii)  Permit an NXX code holder to fill a bona fide
    26         request for a consecutive block of telephone numbers
    27         which cannot be met by the vacant numbers of the thousand
    28         block currently being utilized for assignment, even if
    29         the creation of multiple contaminated blocks within an
    30         NXX may result. Such a request may be submitted to meet
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     1         Private Branch Exchange (PBX) requirements.
     2             (iv)  Upon implementation of any number pooling
     3         between telecommunications companies in this
     4         Commonwealth, require NXX code holders participating in
     5         pooling to make uncontaminated thousand blocks available
     6         to the appropriate administrator for possible
     7         reassignment to other providers in a number pooling
     8         process.
     9             (v)  Ensure that all NXX code holders provide
    10         services in a manner which does not encourage the
    11         inefficient use or depletion of telephone numbers in any
    12         NPA in this Commonwealth.
    13             (vi)  Provide for the issuance of a waiver to any NXX
    14         code holder seeking relief from number pooling
    15         requirements.
    16             (vii)  Ensure that any regulations governing number
    17         pooling do not unduly favor or disfavor any particular
    18         segment of the telecommunications industry and that
    19         numbering resources are available for any
    20         telecommunications company that does not have local
    21         number portability technology to participate in number
    22         pooling.
    23             (viii)  Include a plan to ensure that a certain
    24         number of NXX codes in a new area code is not assigned
    25         and reserved for number pooling.
    26         (2)  Provide for individual number pooling and unassigned
    27     number porting. Except, that, any regulations promulgated by
    28     the commission to govern unassigned number porting shall
    29     ensure that the integrity of the local calling area will not
    30     be compromised and that public safety will not be jeopardized
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     1     by permitting telecommunications companies to port unassigned
     2     telephone numbers among themselves.
     3         (3)  Provide for NXX code rationing. To develop
     4     regulations to govern NXX code rationing, the commission
     5     shall collaborate with the central office code administrator.
     6     If deemed appropriate by the commission and the central
     7     office code administrator, such regulations may include a
     8     usage threshold that each telecommunications company must
     9     meet in its NXXs before it may obtain another NXX in the same
    10     rate center.
    11         (4)  Provide for rate center consolidation. Such
    12     regulations may include incentives to encourage incumbent
    13     local exchange carriers (ILECs) to voluntarily combine rate
    14     centers for the purpose of improving telephone number
    15     utilization.
    16     (c)  Scope of authority.--The delegation of authority to the
    17  commission pursuant to this amendatory act is not intended to
    18  encroach upon the authority of the FCC to regulate numbering
    19  administration. The intent of this amendatory act is to
    20  facilitate the efficient use of telephone numbers as a public
    21  resource in this Commonwealth. To the extent that the authority
    22  herein granted to the commission exceeds the authority granted
    23  to the states by the FCC, the commission shall petition the FCC
    24  for an additional grant of authority to implement the telephone
    25  number conservation measures in this Commonwealth as authorized
    26  under this act.
    27     (d)  Definitions.--As used in this section, the following
    28  words and phrases shall have the meanings given to them in this
    29  subsection:
    30     "Central Office Code."  The second three digits (NXX) of a
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     1  ten-digit telephone number in the form NPA-NXX-XXXX, where N
     2  represents any one of the numbers two through nine and X
     3  represents any one of the numbers zero through nine.
     4     "Central office code administrator."  The entity or entities
     5  responsible for central office code administration in each area
     6  code, as designated by the FCC.
     7     "Contaminated block."  Any thousand block of telephone
     8  numbers where more than 10% of the numbers in the block have
     9  been assigned to subscribers.
    10     "FCC."  The Federal Communications Commission.
    11     "Incumbent local exchange carrier" or "ILEC."  Any local
    12  exchange telecommunications carrier that was engaged in the
    13  provision of telecommunications services on the date of
    14  enactment of the Telecommunications Act of 1996 (Public Law 104-
    15  104, 110 Stat. 56, 47 U.S.C. § 151 et seq.).
    16     "Individual number pooling" or "INP."  The allocation of
    17  individual telephone numbers within the same NXX to different
    18  telecommunications companies, and possibly different switches,
    19  within the same rate center.
    20     "Local exchange carrier."  A carrier authorized by the
    21  commission to provide local telecommunications service.
    22     "Local Number Portability" or "LNP."  The ability of users of
    23  telecommunications services to retain, at the same location,
    24  existing telecommunications numbers without impairment of
    25  quality, reliability or convenience when switching from one
    26  telecommunications company to another.
    27     "Number Plan Area" or "NPA."  The first three digits of a
    28  ten-digit telephone number in the North American Numbering Plan
    29  (NANP), commonly referred to as the area code. NPAs are
    30  classified as either geographic or nongeographic.
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     1     "NXX code holder."  Any telecommunications company that has
     2  been assigned at least one central office code by the central
     3  office code administrator.
     4     "Rate center."  A geographic area used by telecommunications
     5  companies to distinguish rate boundaries within an NPA or area
     6  code.
     7     "Rate center consolidation."  The combining of several
     8  adjacent rate centers into fewer rate centers.
     9     "Telephone number pooling."  A telephone numbering
    10  administration and assignment process which allocates numbering
    11  resources to a share reservoir associated with a designated
    12  geographic area or rate center. Telephone number pooling may
    13  include individual telephone number pooling, thousand block
    14  number pooling and unassigned number porting.
    15     "Thousand block number pooling."  The allocation of blocks of
    16  sequential telephone numbers within the same NXX code to
    17  different telecommunications companies, and possibly different
    18  switches, within the same rate center, for example, numbers NXX-
    19  1000 through NXX-1999 constitute a thousand block.
    20     "Unassigned number porting" or "UNP."  A numbering allocation
    21  resource which permits telecommunications companies to transfer
    22  unused telephone numbers among themselves for assignment to
    23  specific customers.
    24     Section 2.  This act shall take effect in 60 days.




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