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; AB 818 Page 2 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 AB 818 Page 3 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 Page 4 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