PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 97-405 CC Docket No. 96-98 Tracking No: 970116 Released: February 25, 1997 PENNSYLVANIA PUBLIC UTILITY COMMISSION FILES PETITION FOR EXPEDITED WAIVER OF THE TEN DIGIT DIALING REQUIREMENT OF 47 C.F.R  52.19 FOR 412 (PITTSBURGH) NPA OVERLAY AREA CODE RELIEF Pleading Cycle Established COMMENTS: March 7, 1997 REPLY COMMENTS: March 12, 1997 On February 18, 1997, the Pennsylvania Public Utility Commission ("PaPUC" or "Petitioner") filed a Petition ("Petition") for Expedited Waiver of Section 52.19 of the rules of the Federal Communications Commission ("Commission"), a rule adopted by the Commission in the Second Report and Order. See generally, Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, Second Report and Order, CC Docket No. 96-98, FCC 96-333 (rel. August 8, 1996) ("Second Report and Order"). Rule 52.19 requires that no area code overlay may be implemented unless there exists, at the time of implementation, mandatory ten-digit dialing for every telephone call within and between all area codes in the geographic area covered by the proposed overlay area code. See 47 C.F.R.  52.19(c)(3)(ii). According to Petitioner, this requirement conflicts with the PaPUC June, 1996 412 Area Code Order, that imposed an overlay in the Pittsburgh area and requires 7-digit dialing where technically feasible. Petitioner states that it filed a petition for reconsideration of the mandatory ten- digit dialing requirement contained in the Second Report and Order. That petition is currently pending before the Commission. Petitioner reasserts the argument made in its petition for reconsideration that the availability of interim and long term numbering portability adequately addresses the Commission's concerns that without a ten-digit dialing requirement there would be an anticompetitive effect on competitive local exchange carriers (CLECs) serving the affected area. Petitioner also argues that information subsequently provided to it by the Bell Atlantic code administrator indicates that competitors will have sufficient 412 NXX codes by the time NXX codes will become exhausted in area code 412. Accordingly, the Petitioner asserts that numbering conditions in the 412 area code do not support the Commission's assumption that mandatory ten-digit dialing is necessary to avoid anti-competitive effects where overlays are implemented. Finally, the Petitioner contends that the Petition should be granted on an expedited basis because the affected carriers need to provide educational programs to inform their customers and implement the required technical and central office changes prior to the PaPUC's cutoff date for overlay implementation of May 1, 1997. Interested parties may file comments regarding the Petition no later than March 7, 1997. Reply comments may be filed no later than March 12, 1997. An original and four copies of all comments and replies must be filed in accordance with Section 1.51(c) of the Commission's rules, 47 C.F.R.  1.51(c). In addition, one copy of each pleading must be filed with International Transcription Service, Inc. (ITS, Inc.), the Commission's duplicating contractor, at its office at 2100 M Street, N.W., Suite 140, Washington, D.C. 20037 (202) 857-3800, and two copies with the Chief, Network Services Division, Room 235, 2000 M Street, N.W., Washington D.C. 20554 For further information, contact Gregory M. Cooke, (202) 418-2351, or Renee Alexander, (202) 418-2397, Network Services Division, Common Carrier Bureau.