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                                                 DA 99-2696
                      December 3, 1999
  
  
  
  
  Lawrence G. Malone
  General Counsel
  New York State Department of Public Service
  Three Empire State Plaza
  Albany, NY  12223-1350
  
  
       Re:  914 Area Code Split
  
  
  Dear Mr. Malone:
  
       This letter responds to the State of New York Department of Public Service's
  (NYDPS) November 18, 1999 request that the Federal Communications Commission
  direct the North American Numbering Plan Administrator (NANPA) to release a new area
  code to provide relief for the 914 numbering plan area (NPA). For reasons discussed
  below, by copy of this letter, we direct the NANPA to release the requested NPA  code as
  soon as practical.
  
  In an Opinion and Order issued on November 4, 1999, the NYDPS ordered
  implementation of a two-way geographic split of the existing 914 NPA along county
  boundaries.  Because the relief plan would result in the splitting of certain rate centers
  between the old and the new NPAs, however, the NANPA determined that releasing the
  requested code would violate the industry's numbering assignment guidelines. 
  Consequently, the NANPA sought direction from the North American Numbering Council
  (NANC) prior to acting on the request for a new NPA.  On November 16, 1999, the
  NANC forwarded to the Chief of the Common Carrier Bureau its recommendation that
  the NANPA not release the requested code.  On November 18, 1999, the NANPA
  informed the NYDPS that its request for a new area code had been denied.  The NYDPS
  responded with the instant request the same day.
  
  
  
  The New York plan, by dividing rate centers, requires existing carriers to obtain
  duplicate central office (CO) codes in each NPA in order to continue to serve existing
  customers in each half of the rate center without requiring those customers to change their
  seven-digit telephone number.  This aspect of the plan violates the industry's numbering
  assignment guidelines.  However, the NYDPS's plan to divide the 914 area code will split
  only five rate centers.  The NYDPS estimates that the division of these five rate centers
  will necessitate the duplication of only ten to twenty CO codes, representing less than
  three percent of the additional CO code resources being created by the relief plan. 
  Accordingly, on these facts, we believe that a departure from the industry guidelines is
  warranted.
  
  We further find that granting New York's request is in the public interest since the
  area code relief plan was developed based on extensive input from the industry and from
  consumers affected by the decision, which balanced a number of public interest goals.
  Growth rates in both the existing and new code are such that, although carriers would
  need numbers in both parts of split rate centers to provide service, utilization of the
  numbers would be high. The NYDPS is taking additional steps to conserve numbers in the
  914 area, including initiating a proceeding to consider rate center consolidation and
  implementing thousands-block number pooling within the 914 area code and the new
  code.  The NYDPS already has sought and received additional authority from the
  Commission to conduct trials in number pooling and other number conservation
  measures.  
  
  Based on the foregoing, the Bureau directs the release of a new NPA code under
  these specific circumstances to implement the NYDPS's area code relief plan for the 914
  NPA.  However, in doing so based on this factual showing, we in no way imply that the
  states are free not to follow the industry guidelines concerning the splitting of rate centers
  in other cases.  The Bureau urges state commissions to conform to the industry guidelines
  and to avoid adopting area code splits that do not follow rate center boundaries, as far as
  practical.  We also understand, however, that as states consolidate rate centers it may
  become increasingly difficult to avoid rate center splits altogether.  As we have previously
  stated, we intend to review carefully and critically any future area code relief plans that are
  clearly outside the industry guidelines.  At the same time, we commend 
  
  
  
  
  the NYDPS for its commitment to use the additional delegated authority that has received
  to explore other number conservation measures in these and other NPAs.  
  
  
                                Sincerely,
  
  
  
  .                             Lawrence E. Strickling
                           Chief, Common Carrier Bureau
  
  
  cc:  Ronald R. Conners, Director, North American  Numbering Plan Administration
  John Hoffman, Chair, NANC
  Penny Rubin, NYDPS