DT 99-603
AREA CODE RELIEF PLAN
ORDER INITIATING PROCEEDING
AND
GRANTING CONFIDENTIALITY
O R D E R N O. 23,166
March 19, 1999
The North American Numbering Plan Administrator (NANPA)
filed with the New Hampshire Public Utilities Commission
(Commission) on February 18, 1999, a request for approval of an
area code relief plan. Area codes, also called Numbering Plan
Areas (NPAs), represent a large but finite amount of 7-digit
telephone numbers which are assigned by the NANPA in individual
10,000 number blocks known as Central Office codes or NXXs. When
all the NXXs within an NPA have been assigned, a new NPA must be
opened.
Increased competition and increased use of
informational telecommunications applications such as the
Internet have caused a sharp increase in the volume of requests
to NANPA for NXXs. Therefore, the NXXs in New Hampshire's NPA,
603, are in danger of being exhausted if current number
allocation practices continue. According to NANPA, which cites
the Industry Central Office Code Assignment Guidelines, an
official jeopardy condition exists for an NPA when the forecasted
and/or actual demand for NXX resources will exceed the known
supply during the planning and implementation interval for NPA
relief. Based upon demand projections submitted to NANPA by New
Hampshire telecommunications carriers, on November 6, 1998, NANPA
declared an Extraordinary Jeopardy Situation (jeopardy) in NPA
603, thus setting in motion certain activities for NPA relief in
order to prevent number exhaust.
After NANPA declared jeopardy, the Commission
participated in two industry meetings convened by the NANPA for
the purpose of reaching industry consensus on NPA relief actions,
on November 19, 1998 and January 7, 1999. In addition, in
December 1998, the Commission initiated a study of NXX code
assignment practices, requesting that all local exchange carriers
attend a meeting to discuss the issue on December 22, 1998 and
complete a questionnaire on NXX code assignments (NXX Survey).
On December 18, 1998, MediaOne Telecommunications of
New Hampshire Inc. (MediaOne) filed its responses to the
Commission's NXX Survey, requesting at the same time by Motion
for Protective Treatment that certain of the responses be treated
as proprietary and confidential. On March 4, 1999, New England
Telephone and Telegraph Company (Bell Atlantic) filed its
responses to the Commission's NXX Survey and a Motion for
Protective Treatment similar to that of MediaOne. Pursuant to
Puc 204.05(b), the documents have been protected as provided in
Puc 204.06(d). The responses provided by these carriers
(Responses) contain data about historical and projected NXX
utilization. The Responses constitute competitively sensitive
information, release of which would cause harm to the carriers'
business interest. Hence, the Responses are within the
"confidential, commercial or financial information" exemptions
from disclosure set forth in RSA 91-A:5,IV and N.H. Admin. Rules,
Puc 204.06. Furthermore, the carriers aver that they regularly
protect this type of information, which is not otherwise
generally in the public knowledge or published elsewhere, from
disclosure or dissemination in the ordinary course of business.
We find that the Responses contain information meeting
the requirements of N.H. Admin. Rule Puc 204.06(b) and (c).
Based on the carriers' representations, under the balancing test
we have applied in prior cases, e.g.,Re New England Telephone
Company (Auditel), 80 NHPUC 437 (1995); Re Bell Atlantic, DE
97-171 (SGAT) Order No. 22,851 (February 17, 1998); Re
EnergyNorth Natural Gas, Inc., Order No. 22,859 (February 24,
1998), we find that the benefits to Bell Atlantic and MediaOne of
non-disclosure in this case outweigh the benefits to the public
of disclosure. Therefore, the Responses should be exempt from
public disclosure pursuant to RSA 91-A:5,IV and N.H. Admin. Rule
204.06. Furthermore, we find that all carriers who respond to the
NXX Survey are subject to the same competitive pressures and
commercial sensitivities regarding number resource utilization.
Responses to the NXX Survey are competitively sensitive; the
benefits to the carriers of non-disclosure outweigh the benefits
to the public of disclosure. Responses to the NXX Survey should
therefore be exempt from public disclosure pursuant to RSA
91-A:4,IV and N.H. Admin. Rule Puc 204.06.
The NANPA filing raises, inter alia, the following
issues: (a) the extent of and causes of impending exhaust, (b)
options to prevent such exhaust and the cost and competition
consequences of such options, and (c) which type of NPA relief
would be appropriate for New Hampshire. With respect to the type
of NPA relief that might be appropriate if relief is needed, the
filing reports that industry participants at the January 7, 1999
meeting discussed two geographic split options and two overlay
options before arriving at a consensus to recommend an
all-services overlay to the PUC.
In reviewing this recommendation and the NANPA
petition, the Commission will take into account a number of
criteria for judging an area code relief plan including, but not
limited to, minimizing customer disruption, cost, and confusion,
conserving the total pool of telephone numbers if a new area code
is created, minimizing geographic controversy and the chances of
future area code changes, ensuring public safety, equitable
treatment of consumers and competitive neutrality. The
Commission will review all potential area code relief plans,
including options not discussed by the industry participants.
Based upon the foregoing, it is hereby
ORDERED, that a Prehearing Conference, pursuant to N.H.
Admin. Rules Puc 203.05, be held before the Commission located at
8 Old Suncook Road, Concord, New Hampshire on April 7, 1999 at
10:00 a.m., at which each party will provide a preliminary
statement of its position with regard to the petition and any of
the issues set forth in N.H. Admin Rule Puc 203.05(c) shall be
considered; and it is
FURTHER ORDERED, the MediaOne's and Bell Atlantic's
Motions for Protective Treatment are GRANTED; and is it
FURTHER ORDERED, that all responses to the Commission's
NXX Survey shall be treated confidentially pursuant to N.H.
Admin. Rule Puc 204.06; and it is
FURTHER ORDERED, that this grant of confidentiality is
subject to the ongoing rights of the Commission, on its own
motion or on the motion of Staff, any party, or any other member
of the public to reconsider this Order in light of RSA 91-A,
should circumstances so warrant; and it is
FURTHER ORDERED, that, immediately following the
Prehearing Conference, the Staff of the Commission and any
Intervenors hold a Technical Session to review the petition; and
it is
FURTHER ORDERED, that pursuant to N.H. Admin. Rules Puc
203.01, the Executive Director and Secretary shall notify all
persons desiring to be heard at this hearing by publishing a copy
of this Order of Notice no later than March 26, 1999, in a
newspaper with statewide circulation or of general circulation in
those portions of the state in which operations are conducted,
publication to be documented by affidavit filed with the
Commission on or before April 7, 1999; and it is
FURTHER ORDERED, that pursuant to N.H. Admin. Rules Puc
203.02, any party seeking to intervene in the proceeding shall
submit to the Commission an original and eight copies of a
Petition to Intervene with copies sent to and the Office of the
Consumer Advocate on or before April 2, 1999, such Petition
stating the facts demonstrating how its rights, duties,
privileges, immunities or other substantial interests may be
affected by the proceeding, as required by N.H. Admin. Rule Puc
203.02 and RSA 541-A:32,I(b); and it is
FURTHER ORDERED, that any party objecting to a Petition
to Intervene make said Objection on or before April 7, 1999.
By order of the Public Utilities Commission of New
Hampshire this nineteenth day of March, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary
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