BILL ANALYSIS AB 818 Page 1 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. AB 818 Page 2 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 : AB 818 Page 3 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 AB 818 Page 4 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 AB 818 Page 5 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 FN: 0002619