**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Numbering Resource Optimization ) CC Docket No. 99-200

)

Petition of Guam Cellular and Paging, Inc. )

for Waiver of Section 52.15(g)(3)(i)(A) ) NSD File No. L-01-156

47 C.F.R. § 52.15(g)(3)(i)(A) )

**ORDER**

**Adopted: November 7, 2001 Released: November 8, 2001**

By the Common Carrier Bureau:

# I. INTRODUCTION

1.  On September 19, 2001, Guam Cellular and Paging, Inc. (Guam
    Cellular) requested a waiver of Section 52.15(g)(3)(i)(A), which
    sets forth the requirements for receiving growth numbering
    resources.[^1] Guam Cellular requests that the Federal
    Communications Commission (Commission) direct the North American
    Numbering Plan Administrator (NANPA) to assign one growth code to it
    even though it does not meet the months to exhaust (MTE) criteria
    for a new central office (CO) or NXX code in the 671 Numbering Plan
    Area (NPA).[^2] We find that Guam Cellular has demonstrated good
    cause for a waiver of Section 52.15(g)(3)(i)(A), and therefore
    direct the NANPA to assign Guam Cellular one growth NXX code in the
    671 NPA.

    **II. BACKGROUND**

2.  Guam Cellular has six NXX codes in use for its wireless operations
    in Guam and the Northern Mariana Islands. According to Guam
    Cellular, it uses three NXX codes for its cellular operation and
    three NXX codes for its paging operation. Guam Cellular utilizes a
    separate switch and terminal with two separate signaling protocols
    for each operation, and claims that it cannot intermingle its
    cellular and paging operations within the same NXX.[^3] Guam
    Cellular states, however, that it has committed to consolidating its
    three paging NXX codes into two NXX codes by vacating one paging

    NXX code.[^4] Upon vacating one paging NXX code, Guam Cellular
    intends to return it to the NANPA for reassignment.[^5]

3.  Guam Cellular asserts that its MTE worksheet does not accurately
    reflect the fact that it will run out of numbers for its cellular
    operation on or about November 1, 2001.[^6] Currently, Guam
    Cellular's MTE worksheet shows that it meets the 60% utilization
    threshold but not the MTE requirement. Guam Cellular states,
    however, that its utilization calculation does not consider that its
    paging NXX blocks are "unavailable for assignment" for its cellular
    customers since the two services operate under a separate switch and
    terminal. Guam Cellular contends that, without this waiver, it will
    not have enough numbers available for new cellular customers. It,
    therefore, requests a waiver of the MTE criteria so it can receive a
    new NXX code in the 671 NPA.

4.  Section 52.15 of the Commission's rules requires that, among other
    things, carriers requesting growth numbering resources submit a MTE
    worksheet indicating that their numbering resources will be
    exhausted within six months to be eligible to receive growth
    numbering resources in a particular rate area.[^7] Carriers
    requesting growth NXX codes must also meet the 60% utilization level
    for the rate center in which growth resources are requested.[^8]
    This rule seeks to ensure that existing numbering resources are used
    efficiently and to prevent carriers from carrying large inventories
    of numbers that could be used more efficiently by other carriers.

    **III. DISCUSSION**

5.  The Commission has plenary jurisdiction of those portions of the
    North American Numbering Plan that pertain to the United States.[^9]
    Section 1.3 of the Commission's rules authorizes the Commission to
    suspend, revoke, amend, or waive, for good cause shown.[^10] In
    demonstrating such good cause, an applicant for a waiver "faces a
    high hurdle even at the starting gate."[^11] Moreover, the
    Commission must in its decision "explain why deviation \[from its
    rules\] better serves the public interest."[^12]

6.  We hereby grant Guam Cellular's petition for waiver of Section
    52.15(g)(3)(i)(A). We find that Guam Cellular has demonstrated good
    cause to warrant a waiver of our rules. Specifically, Guam Cellular
    has established that its numbering resources for its cellular
    operation will exhaust in 5 months, and has shown that it intends to
    put forth significant efforts to consolidate its numbering resources
    and to utilize them efficiently. We also find that it is in the
    public interest to grant this waiver so that customers may continue
    to seek cellular service from Guam Cellular, the carrier of their
    choice. Granting this waiver also promotes the Commission's policies
    by encouraging carriers to take measures such as consolidating and
    returning unused numbering resources so that they can be used more
    efficiently. We therefore grant Guam Cellular's petition for a
    waiver and direct the NANPA to assign and release a new growth NXX
    code to Guam Cellular for the 671 NPA. We also direct Guam Cellular
    to return a paging NXX code to the NANPA as soon as one is vacated.

    **IV. ORDERING CLAUSE**

7.  Accordingly, IT IS ORDERED, pursuant to 4(i), 10, and 251(e) of the
    Communications act of 1934, as amended, 47 U.S.C. §§ 154(i), 160,
    251(e), and sections 0.91, 0.291, and 1.3 of the Commissions
    regulations, 47 C.F.R. §§ 0.91, 0.291, 1.3, that the petition filed
    by Guam Cellular and Paging, Inc. IS GRANTED to the extent herein
    described.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Dorothy T. Attwood
>
> Chief, Common Carrier Bureau

[^1]: 47 C.F.R. § 52.15 (g)(3)(i)(A). Guam Cellular also requested a
    waiver of the industry guideline regarding the six months to exhaust
    criteria. *See* Central Office Code (NXX) Assignment Guidelines, INC
    95-0407-008 (September 2001).

[^2]: *See* In re Guam Cellular and Paging, Inc. Petition for Waiver of
    FCC Rule Section 52.15(g)(3)(i)(A) (filed September 19, 2001) (Guam
    Cellular Petition).

[^3]: *See id.* at 3.

[^4]: Guam Cellular states that, due to attrition, it does not expect
    its utilization of paging numbering resources to increase. *See*
    Guam Cellular and Paging, Inc. Petition for Wavier of
    Six-Months-To-Exhaust Criteria Supplemental Letter (filed October
    25, 2001) (Supplemental Letter).

[^5]: *See* Supplemental Letter.

[^6]: *See* Guam Cellular Petition at 2-4.

[^7]: 47 C.F.R. § 52.15.

[^8]: That is, carriers must demonstrate that they have assigned at
    least 60% of their numbering resources.

[^9]: *See generally* 47 C.F.R. §§ 52.15 et. seq.

[^10]: 47 C.F.R. § 1.3.

[^11]: *See* WAIT Radio v. FCC, 418 F. 2d 1153, 1157 (D.C. Cir. 1969).

[^12]: *See* Northeast Cellular Telephone Company, L.P. v. FCC, 897 F.
    2d 1164, 1166 (D.C. Cir. 1990).