******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Released: June 7, 2000 DA 00-1247 NSD File No. L-00-94 June 6, 2000 By U.S. Mail and Facsimile Mr. Ronald R. Conners Director, North American Numbering Plan Administrator 1120 Vermont Ave., N.W. Suite 550 Washington, D.C. 20005 Re: AT&T Wireless Emergency Request for an NXX Code in the 810 NPA Dear Mr. Conners: This letter addresses AT&T Wireless's May 23, 2000 request that the Federal Communications Commission (Commission) direct the North American Numbering Plan Administrator (NANPA) to release immediately one central office code in the Flint, Michigan rate center in the 810 Numbering Plan Area (NPA). As is further explained below, we believe that AT&T Wireless has adequately demonstrated its genuine and immediate need to obtain an initial central office code outside of the assignment schedule provided for in the 810 NPA industry conservation plan. Pursuant to the Commission's plenary jurisdiction over those portions of the North American Numbering Plan (NANP) that relate to the United States, we direct the NANPA to assign a central office code from the 810 NPA to AT&T Wireless immediately. The 810 NPA is currently in jeopardy and subject to a conservation plan developed by the industry and the NANPA. Currently, 27 central office codes remain in the 810 NPA, with codes being assigned through a lottery at the rate of 4 codes per month. According to AT&T Wireless, it has participated in the 810 NPA lottery every month since its need for numbers arose, including the most recent lottery held on May 15, 2000, but has failed to obtain an initial central office code for the Flint, Michigan rate center. AT&T Wireless seeks relief from the Commission after concluding that both the Michigan Public Service Commission and the NANPA are without authority to provide the relief sought. Mr. Ronald R. Conners June 6, 2000 Page 2 The Commission has delegated the authority to administer central office codes to the NANPA, and generally relies on the NANPA and the industry to determine the appropriate rationing plan for area codes in jeopardy. In the recent past, the Commission has directed the NANPA to assign and release central office codes earmarked for carriers already providing service in New York in advance of the assignment schedule provided for in the 516 and 914 NPA rationing plans. In those instances, the Commission concluded that the carriers in question were in dire need of numbering resources, and that releasing codes already assigned to them ahead of schedule would enable them to continue to provide service in those areas. In those instances, the Commission granted extraordinary relief to carriers that met the standards established in the Pennsylvania Numbering Order. We find that AT&T Wireless has met those standards in this instance. The New York cases dealt with growth codes, and those carriers demonstrated that they had virtually exhausted all available numbering resources in the relevant rate centers. In this case, AT&T Wireless seeks an initial code in the Flint area; it has no numbering resources there despite its diligent efforts to obtain numbers through the ordinary rationing process. AT&T Wireless also has demonstrated that it intends to commence service in Flint in the very near future and will be unable to commence serving customers on schedule without the receipt of an initial central office code. We believe that, for competition to continue to develop, all carriers must have access to numbering resources. Thus, to ensure that AT&T Wireless is not precluded from providing service in the Flint, Michigan area, we direct the NANPA to assign and release immediately to AT&T Wireless an initial central office code in the Flint, Michigan rate center. Consequently, we also direct the NANPA to reduce the June 2000 lottery allocation for central office codes in Mr. Ronald R. Conners June 6, 2000 Page 3 the 810 NPA from 4 to 3 codes. We take this action today only in view of the urgency of AT&T Wireless's need for relief, and we do not do so lightly. We believe that the industry, working with the central office code administrator, is capable both of anticipating and of adopting measures to address future requests for extraordinary relief. We further believe that the industry should consider how to address emergency situations possibly by reserving a certain portion of remaining central office codes for needs- based emergency relief when formulating a central office code rationing scheme for a particular NPA. In such light, we direct the NANPA, in its capacity as the central office code administrator, to convene an industry meeting within 45 days to reconsider the rationing plan adopted in the 810 NPA, and we specifically instruct the industry to consider the issue of how to address emergency requests for relief, like AT&T Wireless's, that may arise in the future. The NANPA is directed to submit an industry consensus plan to the Common Carrier Bureau addressing this issue, within 60 days of the date of this letter. We further direct the NANPA to send copies of this letter to all code holders in the 810 NPA. Sincerely, Yog R. Varma Deputy Chief, Common Carrier Bureau cc: Suzanne Toller, AT&T Wireless Douglas L. Brandon, AT&T Wireless John R. Hoffman, Chairman, North American Numbering Council