BILL ANALYSIS 1 1 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 1 2 0 6 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