BILL NUMBER: AB 818 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 28, 1999 INTRODUCED BY Assembly Member Knox (Coauthors: Assembly Members Alquist, Briggs, Calderon, Cox, Kuehl, Longville, Romero, and Washington) FEBRUARY 24, 1999 An act to addSection 7934Sections 7934, 7935, 7936, 7938, 7939, and 7940 to the Public Utilities Code, relating to telecommunications. LEGISLATIVE COUNSEL'S DIGEST AB 818, as amended, Knox. New area codes. Existing federal law provides for a coordinator for California area code relief. Existing law establishes a process for that coordinator and providers, as defined, to develop an area code relief plan, as prescribed.Existing federal regulations prohibit an area code from being assigned based solely on the provision of a specific type of telecommunications service or use of a particular technology.This bill would require the Public Utilities Commissionto preserve existing area codes for land-based telecommunications, to ensure that retired telephone numbers within a given area code are reestablished as usable numbers before new area codes are established within a region, and to apply for a waiver of the existing federal regulations described above, so that the commission may consider the application of separate area codes for land-based telecommunication services and non-land-based telecommunication services. The bill would require the commission, on or before January 1, 2001, to submit to the Legislature a report on the implementation of those provisions. The bill would prohibit the commission from establishing or implementing any new area code until the commission either begins, as new area codes become necessary, to apply separate new area codes for land-based telecommunication services and non-land-based telecommunications services such as cellular telephone and pager services, if the commission receives a waiver of those existing federal regulations from the Federal Communications Commission, or the commission proposes, and the Legislature approves, a plan, alternative to the use of technology-based area codes, as specified, to alleviate the undue hardship currently experienced by telecommunications customers caused by the creation of new area codesto develop and implement any measures that it determines to be available for telecommunications service providers that possess telephone number prefixes to efficiently allocate telephone numbers within those prefixes. The bill would require the Public Utilities Commission to immediately request the Federal Communications Commission to delegate to the state authority over telecommunications under specified federal communications law, to the extent that the delegation will permit the Public Utilities Commission to implement specified measures. The bill would require the Public Utilities Commission to request, and telecommunications providers to provide, certain information on telephone number use. The bill would require the Public Utilities Commission to prepare and submit to the Legislature a report on that information on or before July 1, 2001. The bill would require the Public Utilities Commission to impose certain requirements on telephone number assignments . The bill would make related legislative findings and declarations. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the Consumer Area Code Relief Act of 1999. SEC. 2. Section 7934 is added to the Public Utilities Code, to read: 7934. The Legislature finds and declares all of the following: (a) The number of area codes in this state has more than doubled since 1991. (b) The proliferation of area codes has caused undue hardship on citizens of this state, who have begun to be forced into new area codes after years of having the same telephone number. (c) That proliferation has substantially increased costs to businesses, individuals, and government agencies. (d) New area codes require the replacement of business cards and letterhead stationery, and companies must use employee time contacting their customers to ensure that those customers are able to continue to reach the affected company. (e) The proliferation of area codes has also reduced worker productivity as employees begin using new and unfamiliar area codes. (f) It is the policy of the Legislature that existing area codes should be preserved for as long as possible. (g) It is the further policy of the Legislature that the hardship currently experienced by telecommunications customers as a result of the creation of new area codes should be alleviated. (h) For all of the reasons stated above, it is necessary for thePublic Utilities Commission tocommission, as a public agency, to take all possible measures to protect area codes as a public resource, stop area code proliferation , and review their existing practice of establishing new area code regions and the creation of area code overlays.SEC. 3. Section 7934 is added to the Public Utilities Code, to read: 7934. (a) The commission shall do all of the following: (1) Preserve existing area codes for land-based telecommunications whenever possible, for as long as possible. (2) Ensure that any and all retired telephone numbers within a given area code are reestablished as usable numbers before new area codes are established within a region. (3) Apply for a waiver of existing regulations adopted by the Federal Communications Commission that prohibit an area code from being assigned based solely on the provision of a specific type of telecommunications service or the use of a particular technology (47 C.F.R. 52.19(c)(3)(1)), so that the commission may consider the application of separate area codes for land-based telecommunication services and non-land-based telecommunication services such as cellular telephone and pager services. (4) On or before January 1, 2001, submit to the Legislature a report on the progress of the commission in the implementation of this subdivision. (b) The commission shall not establish or implement any new area code until one of the following events occurs: (1) If, after the commission receives a waiver from the Federal Communications Commission as described in paragraph (3) of subdivision (a), the commission begins, as new area codes become necessary, to apply separate new area codes for land-based telecommunication services and non-land-based services such as cellular telephone and pager services. (2) The commission proposes, and the Legislature approves, a plan, alternative to the use of technology-based area codes, as described in paragraph (1), to alleviate the undue hardship currently experienced by telecommunications customers as a result of the creation of new area codes.SEC. 3. Section 7935 is added to the Public Utilities Code, to read: 7935. The commission shall develop and implement any measures it determines to be available for telecommunications service providers that possess prefixes to efficiently allocate telephone numbers within those prefixes. SEC. 4. Section 7936 is added to the Public Utilities Code, to read: 7936. The Public Utilities Commission shall immediately request the Federal Communications Commission to delegate to the state authority over telecommunications numbering under Section 251(e)(1) of the Federal Communications Act of 1934 (47 U.S.C. 251(e)(1)), to the extent that the delegation will permit the Public Utilities Commission to implement measures to conserve telephone numbers, including, but not limited to, all of the following: (a) Establishing the minimum use and available efficiency measures for prefixes. (b) Requiring telecommunications carriers to return unused or underused prefixes and to return prefixes that have been obtained in a manner contrary to federal or state numbering guidelines or protocols. (c) Establishing individual number pooling, mandatory pooling in 1000 telephone number blocks, and interim unassigned number porting. 7937. (a) On or before March 1, 2000, the commission shall request from each telecommunications service provider doing business in this state that possesses a telephone number prefix, or a portion thereof, the specific telephone numbers and the quantities within the possession of the provider, both used and unused. (b) Notwithstanding Section 7550.5 of the Government Code, the commission shall use the information obtained pursuant to subdivision (a) and any other information required by the commission, to prepare and submit to the Legislature, on or before, July 1, 2001, an audit of telecommunications industry use rates. 7938. The commission shall require, as an interim measure until the commission develops procedures for number pooling, that number assignments made by telecommunications service providers to their customers shall be made first from prefixes that are more than 25 percent used. A telecommunications service provider may assign numbers from prefixes with less than 25 percent use only to the extent necessary, if numbers from prefixes that are more than 25 percent used are not otherwise available. 7939. If the commission establishes a process to ensure that telephone numbers can be allocated in blocks smaller than 10,000, the commission shall require that a telecommunications service provider return to the North American Numbering Plan Administrator blocks of telephone numbers for reassignment, in a quantity determined by the commission. 7940. A telecommunications service provider doing business in this state that possesses one or more telephone number prefixes, or portions thereof, shall provide to the commission, upon request, use information pertaining to both used and unused prefixes, according to any schedule established by the commission.