BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 818
                                                          Page  1

Date of Hearing:   April 19, 1999

          ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE 
                     Roderick Wright, Chair
        AB 818 (Knox) - As Introduced:  February 24, 1999
  
SUBJECT  :   Telecommunications:  New Area Codes.

  SUMMARY  :   Prohibits the California Public Utilities Commission  
(CPUC) from establishing or implementing new area codes and  
instead requires that separate area codes be established for  
land-based and non-land-based services, such as cellular and  
pager services.  Specifically,  this bill  :  

1)Requires the CPUC to preserve existing area codes for  
  land-based telecommunications;

2)Requires CPUC to apply to the Federal Communications  
  Commission (FCC) for a waiver of existing regulations  
  prohibiting an area code from being assigned based solely on  
  the type of service being provided;

3)Requires CPUC to ensure that retired telephone numbers are  
  reestablished as usable prior to establishing new area codes  
  within a region; and

4)Requires CPUC to submit a report to the Legislature on or  
  before January 1, 2001, regarding its progress toward  
  implementation.

  EXISTING LAW:

  1)Provides in the Telecommunications Act of 1996 (1996 Act) that  
  the FCC has exclusive jurisdiction over the provision of  
  telephone numbers pursuant to the North American Numbering  
  Plan (NANP);

2)Provides for the North American Numbering Plan Administrator  
  (NANPA) to notify the telephone industry when area code relief  
  is required and to initiate and develop an area code relief  
  plan; 

3)Prohibits an area code from being assigned based solely on the  
  provision of a specific type of telecommunications service or  
  use of a specific technology; 








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4)Requires CPUC to conduct public hearings in the affected  
  geographical region prior to implementing a new area code to  
  inform members of the public about the proposed area code  
  relief options;
  
FISCAL EFFECT  :   Implementation of this bill would require staff  
from CPUC Telecommunications, Legal and Consumer Services  
Divisions to file a waiver to the FCC and to develop the  
legislatively mandated report to the Legislature.  CPUC should  
be able to utilize existing resources to conduct the activities  
required to implement this bill. 

  COMMENTS  :   

1)California has experienced a significant increase in the  
  number of area codes in the last few years.  In fact, the  
  number of area codes in California has doubled since 1991.   
  The increase in the number of area codes has caused confusion  
  and frustration among telephone customers.  Additionally,  
  business consumers have been both inconvenienced and  
  financially impacted by the need to purchase new letterhead,  
  business cards, and notify customers and contacts of their new  
  telephone numbers.  While there is no single reason for the  
  proliferation of new area codes, the increase in the number of  
  cellular telephones, pagers, and faxes have contributed to the  
  problem.

2)Within each geographic area of the United States, area codes  
  are assigned by an administrator that is responsible for  
  assigning central office codes to itself and other carriers.   
  Those codes are then used to distribute telephone numbers to  
  customers.  Today, telephone numbers are only assigned in  
  blocks of 10,000 to the telecommunications service providers  
  who request them.  CPUC noted that "this is true whether the  
  service provider has 10 customers or 9,500 customers in the  
  area served by that block of 10,000 numbers."  Last year, CPUC  
  challenged an order of FCC that specifically forbade the  
  states from exploring opportunities to allocate numbers in a  
  more efficient manner.  The 1996 Act delegated full  
  jurisdiction over "numbering " issues to FCC.    FCC has  
  delegated to the states limited authority to implement area  
  code relief by doing one of the following:  a) ordering an  
  area code split;  b) ordering an overlay; or c) realignment of  
  an existing area code boundary








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3)Based on the current utilization of numbers, the Southern  
  California area is expected to have five new areas code go  
  into effect by May 2000 and three more await CPUC approval at  
  this time.  The upcoming area code split in Los Angeles, which  
  brings the total number of areas in the 1.9 miles of West  
  Hollywood to three - 313, 323 and 424, is being implemented  
  through an "overlay."  An overlay was the preferred method of  
  relief so current customers did not have to change phone  
  numbers.    

4)In 1995, Ameritech, the largest local exchange carrier serving  
  the Northern Illinois area, proposed to use the remaining  
  numbers in an area code for landline customers and assign  
  numbers for wireless companies to a different area code in an  
  attempt to minimize disruption in the Metropolitan area.   
  Ameritech petitioned FCC for approval of its plan and was  
  denied on the basis that the numbering plan, if implemented,  
  would be unreasonably discriminatory and constitute unjust and  
  unreasonable discrimination in violation of the Communications  
  Act of 1934.  In 1996, the FCC rejected the Texas Public  
  Utility Commission's plan to allow landline carriers to retain  
  7-digit dialing, but require wireless carriers to be assigned  
  an area code overlay which would require their customers to  
  dial eleven digits.  

5)This bill recognizes that the FCC has the final jurisdiction  
  in this area and specifically, requires CPUC to apply for a  
  waiver from the FCC for authority to implement separate area  
  codes for land-based and non-land based telecommunications  
  services.  However, this bill restricts CPUCs' ability to  
  implement new area codes until a waiver is granted by FCC or  
  until such time that CPUC and the Legislature agree upon a  
  plan to alleviate the hardship created by the creation of new  
  area codes.  This bill requires CPUC to submit a report to the  
  Legislature on its progress by January 1, 2001.  It does  
  specify when CPUC-Legislative plan should be in place.  Thus,  
  the proposed moratorium on the implementation of new area  
  codes would continue for an undetermined time period.

6)As noted above, within the next year at least eight new area  
  codes are anticipated in the near future in Southern  
  California.  It is not clear whether the proposed moratorium  
  would impact implementation of those new area codes.  If new  
  area codes are not assigned, while awaiting FCC action or the  








                                                          AB 818
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  CPUC-Legislative plan, providers may have to deny customers  
  new or additional services.  

7)The assignment of telephone numbers in blocks of 10,000  
  prevents a real problem with respect to CPUC's ability to  
  ascertain actual allocation versus usage.  Number availability  
  would be improved if providers could be assigned numbers in  
  blocks of less than 10,000.  It would be useful, and the  
  author should consider seeking authorization, for CPUC to  
  obtain data related to actual usage of the previously  
  allocated numbers.  The data would assist CPUC to develop  
  alternatives to the use of technology-specific area codes as  
  it pursues relief from the FCC.  CPUC could also use the data  
  to seek more efficient usage of the prefixes already assigned.  
     

  REGISTERED SUPPORT / OPPOSITION  :   

  Support  

California Alliance for Consumer Protection
California Phone Owners Association
City of Riverside
Los Angeles County Board of Supervisors
League of California Cities
Western Riverside Council of Governments
Wallenberg Sales Corporation
4 individuals

  Opposition  

AT&T
Allied Personal Communications
California Cable Television Association
California Public Utilities Commission 
Cellular Carriers Association of California
GTE California
Pacific Bell
  
Analysis Prepared by  :    Carolyn Veal-Hunter / U. & C. / (916)  
319-2083