BILL ANALYSIS                                                                                                                                                                                                            1
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                 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                             MARTHA M. ESCUTIA, CHAIRWOMAN
          

          AB 1206 -  J. Horton                                   Hearing  
          Date:  September 7, 2005        A
          As Amended:              September 2, 2005        FISCAL       B

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                                       DESCRIPTION
           
           Current law  requires the California Public Utilities Commission  
          (CPUC), before creating a new area code, to perform a telephone  
          number utilization study and implement all reasonable telephone  
          number conservation measures.

           This bill  requires that the telephone number utilization study be  
          performed within 18 months of the approval of the new area code.

           This bill  applies these provisions to any pending area code  
          decision that has not been fully implemented as of January 1,  
          2006.  This includes the recently approved 310 area code decision.

                                       BACKGROUND
           
           Area Codes: Splits versus Overlays  

          Demand for telephone numbers increased dramatically in the mid- to  
          late 1990's because of the increased competition resulting from  
          deregulation of telecommunications markets and an explosion of new  
          services, such as cellphones, pages, and fax machines, each  
          requiring its own telephone number.  As telephone numbers are  
          consumed, new telephone numbers must be created.  This is  
          accomplished by creating new area codes.  The high demand for new  
          telephone numbers caused the number of area codes in California to  
          nearly double in the 1990's.  
           
          Area codes can be created in two ways.  The traditional way is to  
          split an area code in two.  About half the customers retain their  
          existing area code, and for them the area code split means no  
          change.  The other customers receive the new area code, and for  










        them the area code means reprogramming speed dialers, printing new  
        stationery and business cards, and alerting contacts of the new  
        telephone number.  The second way to create a new area code is to  
        overlay upon it a second area code.  That overlay area code can  
        have the same geographic boundaries as the underlying area code,  
        but that is not required.  The advantage of an overlay area code  
        is that no customer has to change their number.  The disadvantages  
        are that all calls made from the overlay and underlying area codes  
        must be dialed using 11 digits, per CPUC and Federal  
        Communications Commission (FCC) rules.  Also, a customer with  
        multiple telephone numbers may have different area codes for those  
        numbers.  A relatively new creation, 23 overlay area codes have  
        been established in 14 states.

        Once an area code is created, state law requires a substantial  
        transition period to educate customers on the new dialing  
        requirements and to allow customers to make the necessary changes  
        to their equipment and stationery.  This is typically twelve  
        months.
         
         The Recent History of the 310  

        In January 1997 the 310 area code was split, forming a separate  
        562 area code.  Four months later telephone companies notified  
        customers of the need for another new area code in the 310.  In  
        May 1998 the CPUC approved a new overlay area code for the 310.   
        The 310 community raised concerns over the need for creating yet  
        another new area code and the wisdom of an overlay area code.  In  
        September 1999 the CPUC suspended the new overlay area code,  
        believing that the life of the 310 could be extended through more  
        efficient utilization of telephone numbers.  In December 2000 the  
        CPUC reversed itself and rejected the overlay area code in favor  
        of splitting the 310 whenever the new area code is needed.  In  
        August 2005 the CPUC reversed itself again, deciding to create an  
        overlay area code, the first in California.  The CPUC also  
        determined that it was timely to create a new 424 area code  
        overlaying the 310 effective August 2006.

                                      COMMENTS

           1.   Is the 310 Exhausted?  - The provisions in this bill,  
             requiring a timely telephone utilization study, ensuring that  
             all telephone number conservation measures have been  
             implemented, keeping current with existing law, should not be  
             controversial.  The key question in this bill is whether  









               implementation of this bill will cause a telephone number  
               shortage.  This could happen if telephone number usage rates  
               exceed the supply of 310 telephone numbers available.  

               To understand whether this could happen requires delving a  
               little deeper into how telephone numbers are handed out.   
               Telephone numbers are provided to telephone companies in  
               blocks of one-thousand continuous numbers (i.e. 310 525-1000  
               through 310 525-1999).  Those thousand number blocks are each  
               assigned to subunits of the area code, known as rate centers.  
                Within the 310 there are 16 rate centers.  The CPUC decision  
               indicates that there exist 267 thousand number blocks within  
               the 310, and that 26 of these blocks are handed out each  
               month.  That means that a little over 10 months of numbers  
               remain.  But those 267 thousand number blocks aren't evenly  
               distributed among rate centers.    For example, the El  
               Segundo rate center has 44 blocks available while the  
               Torrance rate center has none and the West Los Angeles rate  
               center has one.  

               While there are few thousand number blocks available to give  
               out in some rate centers, a number shortage won't appear  
               until the telephone companies run out of numbers within those  
               blocks.  The purpose of the telephone number utilization  
               study is to get a handle on the rate of usage and the  
               remaining inventory of the telephone companies.  Without  
               timely data the CPUC cannot know when an area code must be  
               created.  

              2.   Timely Data  - The CPUC's 310 decision is not clear on the  
               timeliness of the data upon which it relies.  Further inquiry  
               indicates that the CPUC performed its telephone number  
               utilization study on the 310 in 2000.  However, since then  
               the CPUC has relied on analyses provided by the North  
               American Numbering Plan Administration (NANPA), an  
               organization established by the FCC.  The NANPA requires  
               telephone companies to report on their number utilization  
               every 6 months.  The CPUC in its decision relied on NANPA  
               data that was current as of July 2005.  More recent data show  
               that the number of available thousand number blocks has  
               declined from 267 to 192.  While this data is unaudited,  
               false statements are subject to fine or imprisonment.  And  
               this data seems to indicate that without a new area code the  
               310 may very soon run out of available numbers.










            3.   Late FCC Action  - Responding to a CPUC petition required  
             by California law, the FCC partially granted authority for  
             the CPUC to impose an overlay for non-geographically based  
             numbers, such as VOIP, ATM, and fax numbers.  The FCC noted  
             this grant of authority the day before the CPUC decision via  
             a press release without issuing the actual order, as is their  
             custom.  In voting on their decision the CPUC took note of  
             the FCC's press release but voted out the 424 overlay  
             decision, apparently without further inquiry of the FCC.  As  
             of September 6, the FCC's final order is not available.

            4.   No Amendments  - Pursuant to Senate rule 29.10, this bill  
             cannot be amended in committee.
                                          
                                  ASSEMBLY VOTES
         
        Senate Public Employment and Retirement           (3-2)*
        Assembly Floor                                    (52-24)*
        Assembly Appropriations Committee                 (13-5)*
        Assembly Public Employees, Retirement and Social Security       
        (4-2)*
        *Votes on a prior unrelated version of the bill

                                      POSITIONS
         
         Support:
         
        None on file

         Oppose:
         
        California Cable Television Association
        Cingular
        CTIA, The Wireless Association
        SBC
        Sprint-Nextel
        T-Mobile
        Verizon Communications
        Verizon Wireless

        



        Randy Chinn 









          AB 1206 Analysis
          Hearing Date:  September 7, 2005