Released: June 7, 2000

DA 00-1247

NSD File No. L-00-94

June 6, 2000

By U.S. Mail and Facsimile

Mr. Ronald R. Conners

Director, North American Numbering Plan Administrator

1120 Vermont Ave., N.W.

Suite 550

Washington, D.C. 20005

Re: AT&T Wireless Emergency Request for an NXX Code in the 810 NPA

Dear Mr. Conners:

This letter addresses AT&T Wireless's May 23, 2000 request that the
Federal Communications Commission (Commission) direct the North American
Numbering Plan Administrator (NANPA) to release immediately one central
office code in the Flint, Michigan rate center in the 810 Numbering Plan
Area (NPA). As is further explained below, we believe that AT&T Wireless
has adequately demonstrated its genuine and immediate need to obtain an
initial central office code outside of the assignment schedule provided
for in the 810 NPA industry conservation plan. Pursuant to the
Commission's plenary jurisdiction over those portions of the North
American Numbering Plan (NANP) that relate to the United States,[^1] we
direct the NANPA to assign a central office code from the 810 NPA to
AT&T Wireless immediately.

The 810 NPA is currently in jeopardy and subject to a conservation plan
developed by the industry and the NANPA. Currently, 27 central office
codes remain in the 810 NPA, with codes being assigned through a lottery
at the rate of 4 codes per month. According to AT&T Wireless, it has
participated in the 810 NPA lottery every month since its need for
numbers arose, including the most recent lottery held on May 15, 2000,
but has failed to obtain an initial central office code for the Flint,
Michigan rate center. AT&T Wireless seeks relief from the Commission
after concluding that both the Michigan Public Service Commission and
the NANPA are without authority to provide the relief sought.

Mr. Ronald R. Conners

June 6, 2000

Page 2

The Commission has delegated the authority to administer central office
codes to the NANPA, and generally relies on the NANPA and the industry
to determine the appropriate rationing plan for area codes in jeopardy.
In the recent past, the Commission has directed the NANPA to assign and
release central office codes earmarked for carriers already providing
service in New York in advance of the assignment schedule provided for
in the 516 and 914 NPA rationing plans.[^2] In those instances, the
Commission concluded that the carriers in question were in dire need of
numbering resources, and that releasing codes already assigned to them
ahead of schedule would enable them to continue to provide service in
those areas. In those instances, the Commission granted extraordinary
relief to carriers that met the standards established in the
*Pennsylvania Numbering Order*.[^3]

We find that AT&T Wireless has met those standards in this instance. The
New York cases dealt with growth codes, and those carriers demonstrated
that they had virtually exhausted all available numbering resources in
the relevant rate centers. In this case, AT&T Wireless seeks an initial
code in the Flint area; it has no numbering resources there despite its
diligent efforts to obtain numbers through the ordinary rationing
process. AT&T Wireless also has demonstrated that it intends to commence
service in Flint in the very near future and will be unable to commence
serving customers on schedule without the receipt of an initial central
office code.

We believe that, for competition to continue to develop, all carriers
must have access to numbering resources.[^4] Thus, to ensure that AT&T
Wireless is not precluded from providing service in the Flint, Michigan
area, we direct the NANPA to assign and release immediately to

AT&T Wireless an initial central office code in the Flint, Michigan rate
center. Consequently, we also direct the NANPA to reduce the June 2000
lottery allocation for central office codes in Mr. Ronald R. Conners

June 6, 2000

Page 3

the 810 NPA from 4 to 3 codes. We take this action today only in view of
the urgency of AT&T Wireless's need for relief, and we do not do so
lightly.

We believe that the industry, working with the central office code
administrator, is capable both of anticipating and of adopting measures
to address future requests for extraordinary relief. We further believe
that the industry should consider how to address emergency
situations---possibly by reserving a certain portion of remaining
central office codes for needs-based emergency relief---when formulating
a central office code rationing scheme for a particular NPA. In such
light, we direct the NANPA, in its capacity as the central office code
administrator, to convene an industry meeting within 45 days to
reconsider the rationing plan adopted in the 810 NPA, and we
specifically instruct the industry to consider the issue of how to
address emergency requests for relief, like AT&T Wireless's, that may
arise in the future. The NANPA is directed to submit an industry
consensus plan to the Common Carrier Bureau addressing this issue,
within 60 days of the date of this letter. We further direct the NANPA
to send copies of this letter to all code holders in the 810 NPA.

Sincerely,

Yog R. Varma

Deputy Chief, Common Carrier Bureau

cc: Suzanne Toller, AT&T Wireless

Douglas L. Brandon, AT&T Wireless

John R. Hoffman, Chairman, North American Numbering Council

[^1]: 47 U.S.C. § 251(e).

[^2]: On March 12, 1999, we concurred with the conclusions of the New
    York State Department of Public Service that Sprint PCS had
    adequately demonstrated its genuine and immediate need to obtain
    numbering resources in advance of the assignment schedule provided
    for in the 516 NPA rationing plan. *See* Sprint PCS Request for
    Emergency Numbering Relief in the 516 NPA, NSD File No. 99-25, DA
    99-505 (Mar. 12, 1998). Similarly, on April 7, 1999, we concurred
    with the conclusions of the New York State Department of Public
    Service that American Cellular Corporation had adequately
    demonstrated its genuine and immediate need to obtain numbering
    resources in advance of the assignment schedule provided for in the
    914 NPA rationing plan. *See* Emergency Petition of American
    Cellular Corporation for Numbering Relief, NSD File No. 99-31, DA
    99-663 (Apr. 7, 1999).

[^3]: Petition for Declaratory Ruling and Request for Expedited Action
    on the July 15, 1997 Order of the Pennsylvania Public Utility
    Commission Regarding Area Codes 412, 610, 215, and 717, *Memorandum
    Opinion and Order and Order on Reconsideration*, 13 FCC Rcd 19009,
    19039 (1998), *recon. pending*.

[^4]: *Id.* at 19033.