PRINTER'S NO. 2921
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 20000H2228B2921 - 2 -
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 20000H2228B2921 - 3 -
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 20000H2228B2921 - 4 -
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. 20000H2228B2921 - 5 -
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. I21L66SFL/20000H2228B2921 - 6 -