BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 818
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CONCURRENCE IN SENATE AMENDMENTS
AB 818 (Knox)
As Amended August 25, 1999
2/3 vote
  
ASSEMBLY: 70-6 (May 27, 1999)   SENATE: 35-1 (August 25, 1999)  
   
  Original Committee Reference:    U. & C.  

  SUMMARY  :  Requires the California Public Utilities Commission  
(CPUC) to develop and implement any available measures to  
efficiently allocate telephone numbers to California's citizens.  


  The Senate amendments  : 

1)Require CPUC to consider the cost effectiveness of any  
  measures it develops to efficiently allocate telephone numbers  
  within prefixes.

2)Establish that among the measures that should be considered  
  are rate center consolidation and allocation of numbers in  
  blocks smaller than 10,000 and unassigned number porting.

3)Require CPUC to direct the North American Numbering Plan  
  Administrator (NANPA) to obtain utilization data for any area  
  code for which a relief plan is proposed, prior to adopting a  
  plan for, or setting a date for, relief.

4)Clarify that CPUC must define the terms "in use" and "not in  
  use", as part of its request that each telephone corporation  
  provide information regarding the numbers in their possession.

5)Require CPUC to require a telephone corporation to return any  
  blocks of numbers for reassignment if CPUC or an authorized  
  federal agency establishes a process to allocate telephone  
  numbers in blocks smaller than 10,000.

6)Require CPUC to direct NANPA to seek the return of blocks of  
  numbers smaller than 10,000 that are not in use.  CPUC shall  
  define what "not in use" means for purposes of this  
  requirement. 

7)Require that this bill be implemented as an urgency measure.









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  EXISTING LAW  : 
  
  1)Provides in the Telecommunications Act of 1996 (1996 Act) that  
  Federal Communications Commission (FCC) has exclusive  
  jurisdiction over the provision of telephone numbers pursuant  
  to NANPA.

2)Provides for NANPA to notify the telephone industry when area  
  code relief is required and to initiate and develop an area  
  code relief plan. 

3)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.
  
AS PASSED BY THE ASSEMBLY  , this bill:

1)Required CPUC to develop specified measures aimed at  
  efficiently allocating telephone numbers.

2)Required CPUC to request that FCC delegate specific authority  
  to the states for the purpose of enabling CPUC to implement  
  specified measures that would assist in the efficient  
  allocation of telephone numbers.

3)Required CPUC to request that telecommunications providers  
  provide information relating to the number of used and unused  
  numbers in all telephone prefixes that they posses.

4)Required CPUC to institute, as an interim measure, that  
  telecommunications providers assign numbers to their customer  
  first from prefixes that are more than 25% used, and only from  
  prefixes with less than 25% use when numbers are not otherwise  
  available.

  FISCAL EFFECT  :  CPUC estimates first-year costs from the Utility  
Reimbursement Account of $235,000, including one-time costs of  
$150,000 for programming, and costs of $170,000 in the second  
and third years for three staff positions to collect and analyze  
data for the required audit and to review company performance  
for compliance with CPUC rules on assignment of telephone  
numbers.

  COMMENTS  : 








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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. 

2)As this bill left the Assembly, it required CPUC to request  
  certain relief measures from FCC.  In an effort to address  
  these issues at the earliest possible opportunity, CPUC has  
  already filed a petition to FCC seeking authority to pursue  
  several telephone code conservation measures and efficient  
  number use practices, consistent with the relief sought by the  
  author of this bill.  CPUC, in its desire to seek additional  
  relief has also filed a petition that seeks a waiver to  
  implement a technology specific area code.  FCC has not yet  
  acted on either of those petitions.  FCC is currently involved  
  in a rulemaking where it is seeking to develop comprehensive  
  solutions to the numbering exhaust problems.  FCC has as the  
  goal of its proceeding to:

   a)   Minimize negative impacts on consumers;

   b)   Ensure sufficient access to numbering resources for all  
     service providers; avoid premature exhaustion of numbers;  
     impose the least societal costs; 

   c)   Ensure that no class of carriers are unduly favored;  
     and,

   d)   To minimize incentives for carriers to build large  
     inventories of numbers for which the have no need.  Many of  
     the issues pending in California will be addressed in FCC  
     proceeding.

3)Additionally, Assemblyman Knox, on behalf of a variety of  
  civic groups and residential associations, filed a petition  
  seeking to halt the overlay plan for the 424 area code and to  
  end 10-digit dialing in the 310 area code.  While CPUC has not  
  yet issued a final decision, a Draft Decision was issued  
  earlier this month denying the petition.  CPUC in that draft  








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  decision indicated that an extended suspension of the 424 area  
  code opening would jeopardize the availability of numbers  
  within the 310 area code and the ability of carriers to offer  
  new telephone lines to their customers.  Commissioner Hyatt  
  has indicated that he will issue an alternate decision on this  
  matter.  The entire CPUC is expected to issue a rule on  
  September 16, 1999.  

4)While in the Senate, the author had included language in this  
  bill that would have required a suspension of the 424 overlay  
  and 10-digit dialing.  CPUC indicates, however, that if they  
  were required through legislation to halt the overlay and  
  10-digit dialing, that they would be forced to implement an  
  area code split.  At present, CPUC remedies are limited to the  
  following:

   a)   Ordering an area code split; 

   b)   Ordering an overlay; or,

   c)   Realignment of an existing area code.  

5)Section 7032 of the Public Utilities Code establishes the  
  public planning process for area code relief.  The process  
  from its implementation takes approximately 36 months.  If the  
  Legislature is to require any actions that will require  
  implementation of an area code split, it will be important to  
  exempt CPUC from the initial steps that have already been  
  completed.  A modified notification process should be  
  implemented since CPUC estimates that we are approximately 10  
  months away from running out of numbers in the 310 area code.

6)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."  This bill  
  establishes a process whereby CPUC can work with the NANPA to  
  seek the return of numbers that are not in use.  This bill  
  also directs NANPA to obtain utilization data prior to  
  adopting any future relief plans.  CPUC indicates that based  








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  on experiences in other states, many carriers will return full  
  blocks of 10,000 numbers upon being asked to provide  
  utilization data.  The ability to return numbers in blocks  
  smaller than 10,000 in conjunction with the utilization study  
  will provide significant relief for future areas designated  
  for area code relief. 

7)A technical amendment is needed to clarify that CPUC should  
  coordinate its efforts with the North American Numbering Plan  
  Coordinator.  FCC has exclusive jurisdiction to direct NANPA.


  Analysis Prepared by  :  Carolyn Veal-Hunter / U. & C. / (916)  
319-2083 


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