NEWSReport No. DC 95-15 COMMON CARRIER ACTION January 12, 1995 COMMISSION ENUMERATES FEDERAL PRINCIPLES APPLICABLE TO TELEPHONE NUMBERING PLAN In a Declaratory Ruling, the Commission articulated a number of overarching principles to be considered when administering the North American Numbering Plan and applied these principles to an area code relief plan proposed by Ameritech for the Chicago area. The Commission found that numbering resources must be available on an efficient and timely basis to communications services providers in order to facilitate competition, the introduction of new technologies, the modernization of the nation's telecommunications infrastructure, and the offering of new services to the public. Moreover, administration of the plan should be nondiscriminatory in nature and not favor any one industry segment or any technology over another. The Commission noted that unavailability or an unreasonable allocation of available numbers could prevent or discourage consumers from taking new communications services. In considering this issue, the Commission stated that both the states and the Commission have a role and certain interests in regulating numbering resources because numbering issues have both interstate and intrastate aspects. The Commission noted that while it is impossible to separate telephone numbers for local use from telephone numbers for interstate use, state regulators clearly have legitimate interests in the consideration of numbering issues. Ameritech's plan is the first of several relief plans that have been proposed, or are expected to be proposed, in major metropolitan area. The Commission believes the action taken today will provide guidance to all parties as to the Commission's views on interpretation of the Communications Act. Ameritech's plan is currently before the Illinois Commerce Commission for approval. At the request of three paging companies, the Commission found a proposed plan by Ameritech to require cellular and paging customers in the Chicago area to return numbers previously assigned to carriers and their customers in an existing area code would be unlawful if implemented. Ameritech's plan was an effort to relieve an anticipated shortage of telephone numbers in the Chicago suburbs that are covered now by the 708 area code. (over) - 2 - Last year, Ameritech announced that the supply of central office codes (the first three digits of a seven digit phone number) within area code 708 was nearing exhaustion and subsequently presented its plan for providing relief. It proposed to use a new area code (630) as an "overlay." An "overlay" area code covers some or all of the same geographical area as one or more existing area codes and allows customers in the area to be served through either code. The proposed overlay would cover the same geographical area as existing area codes 708 and 312. The proposed Ameritech plan would require cellular and paging carriers to surrender or "give-back" central office codes currently assigned to them. Under Ameritech proposal, it would stop providing numbers in area code 708 to wireless companies and it would reserve the remaining codes in 708 for wireline customers. Until a new area code became available, wireless companies requesting numbering resources in area code 708 would be assigned central office codes from the 312 area code. The Commission said Ameritech had not shown why it could not provide "like" service under similar terms and conditions in this circumstance and that Ameritech had not met the burden of demonstrating that this discrimination is not unreasonable. Accordingly, the Commission determined that Ameritech's proposals violate the prohibition in Section 202(a) of the Communications Act against unjust or unreasonable discrimination. The Commission also found Ameritech's "exclusion," "take-back," and "segregation" proposals to be unjust and unreasonable in violation of Section 201(b) of the Act. Action by the Commission January 12, 1995, by Declaratory Ruling and Order (FCC 95-19). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong, with Commissioner Barrett issuing a separate statement. -FCC- News Media contact: Susan Lewis Sallet at (202) 418-0500. Common Carrier Bureau contact: Larry Povich at (202) 418-0953.