PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 12TH STREET, S.W.
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          News Media Information (202) 418-0500.  
     Internet http://www.fcc.gov 
                               DA 99-460Released: March 4, 1999
                                                               
      COMMON CARRIER BUREAU SEEKS COMMENT ON MASSACHUSETTS
     DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY PETITION 
  FOR  WAIVER TO IMPLEMENT A TECHNOLOGY-SPECIFIC OVERLAY IN THE
               508, 617, 781, AND 978 AREA CODES
                                
                      NSD File No. L-99-17
                                
                   Pleading Cycle Established
                                
          COMMENTS:  April 5, 1999            REPLY COMMENTS:  April 19, 1999  
          On September 28, 1998, the Federal Communications Commission
     ("Commission") released an order in the matter of a Petition for Declaratory
     Ruling and Request for Expedited Action on the July 15, 1997 Order of the
     Pennsylvania Public Utility Commission Regarding Area Codes 412, 610, 215, and
     717, and Implementation of the Local Competition Provisions of the
     Telecommunications Act of 1996, Memorandum Opinion and Order and Order
     on Reconsideration, FCC 98-224, CC Docket No. 96-98, NSD File No. L-97-42
     (rel. September 28, 1998) ("Pennsylvania Numbering Order").  The Pennsylvania
     Numbering Order delegated additional authority to state public utility commissions
     to order NXX code rationing in jeopardy situations and encouraged state
     commissions to seek further limited delegations of authority to implement other
     innovative number conservation methods.
     
          On February 12, 1999, the Massachusetts Department of
     Telecommunications and Energy ("Petitioner") filed a petition requesting that
     Commission waive the provisions of 47 C.F.R. Section 52.19(c)(3) and permit the
     Petitioner to implement a technology-specific or service-specific overlay in the
     508, 617, 781, and 978 area codes in eastern Massachusetts.  The Petitioner
     requests this waiver as part of its ongoing area code relief plan investigation for
     these area codes. 
     
          Petitioner states that 47 C.F.R. Section 52.19(c)(3) prohibits the use of
     technology-specific overlays because the Commission has determined that overlays
     that segregate certain telecommunications services or technologies are
     unreasonably discriminatory and unduly inhibit competition.  Petitioner states that
     given the disruptions, inconvenience, and costs that consumers bear with the
     introduction of new area codes, state regulators should have the option of
     investigating and weighing the advantages of a technology-specific overlay against
     the possible competitive disadvantages in view of local market conditions.
     
          We hereby seek comment on the issues raised in Petitioner's request for
     authority to implement a technology-specific or service-specific overlay in the 508,
     617, 781, and 978 area codes in eastern Massachusetts..  A copy of Petitioner's
     request may be obtained from the Network Services Division Reference Center,
     Room 220, 2000 M Street, N.W., Washington, D.C., Monday through Thursday,
     from 8:30 a.m. to 12:30 p.m. and 1:30 p.m. to 3:00 p.m. 
     
          Interested parties may file comments concerning this matter on or before
     April 5, 1999, and reply comments on or before April 19, 1999.  All filings must
     reference File No. NSD-L-98-17 and should be sent to Al McCloud, Network
     Services Division, 2000 M Street, N.W., Room 235, Washington, D.C. 20554. 
     After April 8, 1999, all comments should be mailed to Al McCloud, Network
     Services Division, 445 12th Street, S.W., Suite 
     6A-320. Washington, D.C. 20554.
     
          This is a "permit but disclose" proceeding for purposes of the
     Commission's ex parte rules.  See generally 47 C.F.R.  1.1200-1.1216.  As a
     "permit but disclose" proceeding, ex parte presentations will be governed by the
     procedures set forth in Section 1.1206 of the Commission's rules applicable to
     non-restricted proceedings.  47 C.F.R.  1.1206.
     
          Parties making oral ex parte presentations are reminded that memoranda
     summarizing the presentation must contain a summary of the substance of the
     presentation and not merely a listing of the subjects discussed.  More than a one or
     two sentence description of the views and arguments presented is generally
     required.  See 47 C.F.R.  1.1206(b)(2).  Other rules pertaining to oral and written
     presentations are set forth in Section 1.1206(b) as well.  Documents are available
     for review and copying at the Network Services Division Reference Center, Room
     220, 2000 M Street, N.W., Washington, D.C., Monday through Thursday, from
     8:30 a.m. to 12:30 p.m. and 1:30 p.m. to 3:00 p.m., (202) 418-2325.
     
          For further information contact Al McCloud of the Common Carrier
     Bureau, Network Services Division, at (202) 418-2320 or amccloud@fcc.gov. 
     The TTY number is (202) 418-0484.
     
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