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"7>NGI "(OaOb#Xv P7XP##Xv P7XP#2b/)'K(K*K-annotation tK&7>annotation textGw/ "7>NGI ")2c(d"i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""A.SSxSSJR"RNOdxSxS8JSVSSSSS;88VVS++SSdSSxSc]]8VS;"xxSxxqS]^^^z0^88^^^zxzzzggx8E]S^/zU*FJSvggxxxxxzzzzKxggqU^^^zxxxxzzK|lr]d]oJiMdF`xJ.(dS{Wc|YoS`x^_^eSSiJxJodx]ddd|i8SxxdZ]rd88SSS]"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddN\4  pG;W!@(#,h@\  P6G;hPH5!,),5\  P6G;,P\ 5hC:,%rXh*f9 xr G;XX\!{,W80,%BZW*f9 xr G;X"a$G,',مG\  P6G;Py.V80,<V\  PAP29 X- X    X-w  Federal Communications Commission`(#DA 97675 ă  yxdddy v3#X\  P6G;ɒP# Before the Federal Communications Commission  yO} Washington, D.C. 20554 ă  XA-R#Xj\  P6G;ynXP#) In the Matter ofR) R)  X-Pennsylvania Public Utility CommissionO  "QF ) hppCC Docket No. 9698  X-Petition for Expedited Waiver ofR)hpp 47 C.F.R. Section 52.19 forR) Area Code 412 ReliefR) R)  Xr -; ORDER TP  XD -X` hp x (#%'0*,.8135@8:code"). Typically there are 792 NXX codes available for assignment in an area code (every  x=possible combination of three digits excluding numbers beginning with a 0 or a 1 and numbers  X- xjending with 11).hXP yO-ԍ Local Competition Second Report and Order at 47328.h Each NXX code has approximately 10,000 numbers available for assignment  X- xyto individual customers.XXP yO- xZԍ An area code is considered to be depleted when nearly all of the NXXs within that code have been assigned, even if individual customer numbers associated with the NXXs are still available for assignment. NXX codes are assigned to particular rate centers in an area code;FXP yO - xԍ Rate centers are telephone companydesignated geographic locations assigned vertical and horizontal  yO - xcoordinates within an area code. NEWTON'S TELECOM DICTIONARY, 11th Edition, at 498. See also Local Exchange  xKRouting Guide (LERG), Volume 2, Section 1 at 24 (March 1997). Incumbent LECs have established the existing  yOF - xjrate center configuration. See Ex parte letter from Judith E. Herrman, Manager, Federal Regulatory Affairs,  xYTeleport Communications Group, Inc. (TCG) to William F. Caton, Acting Secretary of the Commission, entered on  yO-March, 1997. ("TCG Ex parte March 19, 1997").F  xKcarriers base charges for telephone calls on the distance between the rate center from which a call  X_- xoriginates and the rate center at which the call terminates.^X_( XP yO8- xԍ Telephone Number Portability, First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC  yO- xRcd 8352 (1996) ("Number Portability Order"), recon. FCC 9774 (rel. March 11, 1997) ("First Reconsideration  yO-Order").^ A carrier with a particular NXX can  xxonly serve customers associated with the rate center to which the NXX is assigned. In the United  xLStates, twelve regional NXX code administrators make NXX code assignments. The dominant  x=local exchange carrier, in this instance Bell AtlanticPennsylvania (Bell Atlantic), serves as the  xNXX code administrator for area code 412. Thus, under this arrangement, all telecommunications providers in the 412 area code requiring NXX codes must request them from Bell Atlantic.  X - III. PLEADINGS ă   1x6. In its Petition, the PaPUC contends that the Commission should waive its 10digit  xdialing requirement because: (1) the implementation of interim and longterm number portability  xresolves any anticompetitive effects that could result from permissive 7digit dialing in an NPA  XK- xoverlay;HKH XP yOD -ԍ PaPUC Petition for Waiver at 6.H (2) local dialing conditions suggest that competitive LECs, as a group, have been  xassigned 202, or 27%, of the NXX codes in the 412 NPA; and (3) competitive LECs and other  xcompetitors will control approximately 260 NXXs by June 30, 1997. This, the PaPUC asserts,  x[would obviate any anticompetitive consequences that might flow from 7digit dialing because  X-competitive LECs would be able to assign numbers in the 412 NPA to customers.:XP yOx%-ԍ Id. at 78.: "h,-(-(ZZ"Ԍ  mx7. Bell Atlantic, supporting the PaPUC's Petition for Waiver, states that carriers have  x=been implementing the arrangements ordered by the PaPUC and that it would be impossible to  X- ximplement an overlay with 10digit dialing under the current schedule.\xXP yOK- xԍ Bell Atlantic Comments at 12. See also Bentleyville Telephone Company ("BTC") Letter at 12 (there is not  xsufficient time to educate customers and perform central office software changes before the May 1, 1997 date for  ximplementation of the overlay, particularly in areas served by smaller, rural LECs); Hickory Telephone Company  x("Hickory") Letter at 1 (requiring 10digit dialing will increase call processing and connect times, straining network  yOk- xcapacity and inconveniencing customers). See also Letters of Citizens Telephone Company of Kecksburg  x("Citizens"), Mariana and Scenery Hill Telephone Company ("Mariana"), and North Pittsburgh Telephone Company ("NPTC").\ Through Bell Atlantic's  xadvertising, consumers have been receiving information about dialing calls after the new area  X- x<code opens, and will be confused if the plan is changed.EXP yO] -ԍ Bell Atlantic Comments at 2.E Bell Atlantic asserts that the problems  xidentified with overlays implemented with 7digit dialing do not exist in the 412 NPA because  xapproximately 260 NXX codes will have been assigned in the existing NPA to competitive LECs  xand wireless carriers, undercutting the assumption that those providers will not be able to obtain  XH- xznumbers in that NPA.{HXP yO-ԍ Id. See also Bell Atlantic NYNEX Mobile ("BANM") Comments at 2.{ Bell Atlantic states that number portability will allow those carriers'  X1- xcustomers to keep their existing 412 numbers when they switch from another service provider.w1( XP yO -ԍ Bell Atlantic Comments at 23. See also BANM Comments at 2.w  xKBANM, a provider of wireless service, also states that granting the waiver is in the public interest  xbecause, if the PaPUC did not receive a waiver and were to order a geographic area code split,  xthis action could delay area code relief and prevent new customers from obtaining service. A  xsplit would force cellular customers and companies in the new area code to reprogram all cellular  X -telephones, further impairing implementation of NPA relief in Pittsburgh.> XP yO'-ԍ BANM Comments at 45.>   x8. Several Pennsylvania state senators submitted letters stating that they favor competition  xin the telecommunications market, but do not believe that making customers in the 412 area code  xsurrender the ease and familiarity of 7digit dialing is necessary to promote competition. The  XK- xsenators further state that the conditions in the 412 NPA justify a waiver.KH XP yOD - xԍ See, e.g., Letter of Senator Albert V. Belan (the assumption that competing telephone service providers will  xhave to assign customers numbers in the overlay area code is undercut by the fact that competing providers will have  xapproximately 2.6 million 412 numbers for assignment to their customers, and the availability of interim and  xpermanent number portability will permit customers who switch to other telephone service providers to keep their  yOd#- xJ412 numbers). See also Letters of Senators Melissa A. Hart, Richard A. Kasunic, Patrick J. Stapleton, J. Barry Stout,  yO,$- xand Jack Wagner. See also Letters of James C. Rodway, Managing General Partner of Allegheny Media; Joseph F.  xLagana, Executive Director, Allegheny Intermediate Unit; Richard Stafford, Pennsylvania Economic League; Michael  xC. Herman, Executive Director, Three Rivers Area Labor Management Committee; and B.J. Leber, Executive Director, WQED Pittsburgh. Several small"K,-(-(ZZI"  xincumbent LECs filed similar letters, stating that there are only about 40 NXX codes left in the  x412 NPA, and urging that the Petition be granted quickly to permit network preparations and  X-customer education. XP yOK-ԍ BTC Letter at 12; Citizens Letter at 1; Hickory Letter at 1; Mariana Letter at 12; NPTC Letter at 12.  X-  |x9. Several commenters opposing the waiver assert that the PaPUC has failed to show  xspecial circumstances to support its request. Aerial Communications, Inc., the subsidiary of  xwhich, APT Pittsburgh, is a licensee for broadband Personal Communications Services ("PCS")  xin the Pittsburgh MSA ("APT Pittsburgh"), states that the dialing disparity resulting from the  xjretention of 7digit dialing in the area covered by the overlay would favor incumbent LECs and  X1- xjincumbent cellular carriers in violation of sections 332(a)(3) and 253(a) of the Act. !1XXP yO: - x,ԍ APT Pittsburgh Comments at 3. See also MCI Telecommunications Corporation ("MCI") Comments at 3 (it is vital that competitors providing new numbers do not have a dialing disparity associated with them).  Regarding  xjnumber portability, some commenters argue that interim number portability will provide inferior  xservice to customers of competitive LECs, and therefore will not ameliorate the anticompetitive  X - x=effects of 7digit dialing.Q" XP yOM-ԍ TCG Comments at 56; AT&T Comments at 5.Q APT Pittsburgh notes that longterm number portability will not be  xdeployed in the Pittsburgh area in time to reduce the anticompetitive effects of the 412 overlay  xbecause longterm number portability is not scheduled to occur in the Pittsburgh area until April  X - xj1998 for wireline and June 1999 for wireless carriers.# @XP yO- xԍ APT Pittsburgh Comments at 45. See also WorldCom comments at 4 (Commission considered the effect of  yO`- xnumber portability on area code relief when it issued the Local Competition Second Report and Order). Actually,  xaccording to the Commission's deployment schedule, wireline portability need not be completed in Pittsburgh until  xJune 30, 1998. April 1, 1998 is the date on which Phase III implementation, in which Pittsburgh is included, will  yO-begin. Number Portability Order, 11 FCC Rcd at 8501, Appendix F; First Reconsideration Order at Appendix E.  AT&T contends that number portability  xjdoes not ameliorate the anticompetitive effects of overlays because incumbent LECs will have  xa significant quantity of numbers in the old NPA, while competitive LECs will assign numbers  Xb- xchiefly from the new NPA.e$b XP yO-ԍ AT&T Comments at 5. See also MCI Comments at 3.e Also, APT Pittsburgh states that there must be adequate customer  xawareness for number portability to ameliorate the anticompetitive effects of overlays.  X4-Incumbent LECs and wireless providers, however, have little incentive to provide that education.H%4 XP yOe -ԍ APT Pittsburgh Comments at 67.H  X-  1 x10. TCG states that the PaPUC's information concerning NXX distribution in the old  xNPA is misleading because it does not indicate that many of the NXXs were distributed to  xwireless carriers, and it does not account for the fact that the 412 NXXs are confined to  X- xgeographically specific rate centers.h&XP yO&-ԍ TCG Comments at 78. See also MCI Comments at 34.h APT Pittsburgh states that new wireless entrants may not"&,-(-(ZZ"  xhave fully deployed their networks by June 30, 1997, and may not be able to request a 412 NXX  X- xby that time.d'XXP yOb- xԍ APT Pittsburgh Comments at 7. According to the PaPUC and the code administrator, June 30, 1997 is the  xdate by which all or nearly all remaining NXXs are expected to be assigned to competitive LECs and other  yO-competitors. See PaPUC Petition for Waiver at 7.d Further, APT Pittsburgh asserts that incumbent LECs and incumbent wireless  x-providers can warehouse numbers in the 412 NPA and can reuse numbers returned to them when  X- xcustomers move or change carriers.=(XP yOT-ԍ APT Comments at 78.= AT&T contends that in its filing the PaPUC has not  xMprovided information such as the number of competitive LECs and other carriers seeking or  xprojected to seek NXX codes in the 412 NPA, what rate the competitors will enter the market,  Xv- xjor how quickly they are predicted to gain market share.<)vxXP yO -ԍ AT&T Comments at 5.< Further, AT&T notes that incumbent  xLECs will control over twothirds of the NXX codes in the old NPA, with Bell Atlantic  xcontrolling the bulk of NXX resources. In contrast, a number of competitive LECs will share  x[the 260 NXXs allocated to competitive LECs, and no competitive LEC will have parity with Bell  X -Atlantic.8* XP yO-ԍ Id. at 6.8   x11. TCG states that the PaPUC knew that its order did not comply with the Commission's  X - xZrequirements for overlays when the order became effective,+X XP yO- xԍ The 412 Area Code Order became effective upon entry on September 12, 1996. See 52 Pa. Code  1.13 (b)  x<(the date of issuance of a PUC order is the date the Secretary enters the order), and 52 Pa. Code  1.14(b) (PUC orders, other than those promulgating regulations, become effective upon issuance). but waited seven months to request  X - xa waiver., XP yO'-ԍ TCG Comments at 23. See also WorldCom Comments at 2; U S WEST Reply Comments at 2, n. 7. TCG also states that the PaPUC's delay does not constitute good cause for granting  xthe waiver, because the PaPUC has had notice of the Commission's 10digit dialing requirement  X- x<since August 8, 1996.-H XP yO- xjԍ Id. at 11. See also WorldCom comments at 4 (fact that the Commission has not ruled on the PaPUC's Petition for Reconsideration does not constitute good cause for a waiver under 47 C.F.R.  1.3). Parties opposing the waiver are not persuaded by Bell Atlantic's concern  xthat it will have to educate consumers about 10digit dialing and state that the latter's concern  xillustrates that, if these burdens are imposed only on new entrants' customers, the new entrants  xwill suffer anticompetitive effects because Bell Atlantic's customers will be able to dial seven  X4-digits to make calls within the old NPA.C.4XP yO#-ԍ MCI Reply Comments at 12.C   x12. In response to BANM's argument that denial of the waiver could result in adoption  xof a geographic split that necessitates the reprogramming of wireless telephones, commenters  xargue that the PaPUC is unlikely to revisit the issue of a split and that, if it did implement a split,"0.,-(-(ZZ"  xthe impact of reprogramming would affect all wireless carriers equally. Without 10digit dialing,  x<however, there would be an anticompetitive burden on new entrants that Bell Atlantic would not  X- xjbear.8/XP yOK-ԍ Id. at 3.8 Commenters also note that granting the waiver could lead to similar requests from other  xstates, causing a strain on the Commission's resources and time. WorldCom Inc. (WorldCom)  x[asserts that the waiver could harm the development of local competition because, if they know  x{a waiver is possible, incumbent LECs may create artificial numbering shortages to obtain  Xv-extraordinary approval of an anticompetitive overlay plan.0vXXP yO -ԍ WorldCom Comments at 56. See also U S WEST Reply Comments at 45; AT&T Comments at 8.   ?x13. In its Reply Comments, the PaPUC contends that the record upon which it based its  xdecision indicated that customers preferred to retain 7digit dialing, and that 10digit dialing will  X - xcause permanent inconvenience to customers.E1 XP yO-ԍ PaPUC Reply Comments at 34.E The PaPUC argues that interim and permanent  xnumber portability and the numbers of NXXs available to competitive LECs in the 412 area code  xdiminish the harm to competition of the overlay with 7digit dialing and constitute special  X - xconditions justifying a waiver of the 10digit dialing requirement.;2 xXP yO-ԍ Id. at 716.; The PaPUC states that it has  xapproved applications of approximately 15 competitive LECs, not all of which intend to provide  x.service on a statewide basis and some of which will initially offer service on a resale basis and  X- xtherefore will not need separate NXX codes.3XP yOI-ԍ Id. at 11. Resale carriers obtain their NXX codes from the incumbent LEC's existing supply. The PaPUC states that it is aware of six approved  xjfacilitiesbased providers that may offer service in the Pittsburgh area, only two of which (MCI  xand TCG) have requested NXXs in the 412 area code. Because NXX code assignment  xprocedures require that requests for codes be made within six months of the date the competitive  xLEC needs the codes, the PaPUC states that it does not anticipate that any facilitiesbased  xjcompetitive LECs other than MCI and TCG will operate in the Pittsburgh area before the fourth  X- xquarter of 1997.24XP yOO-ԍ Id.2 Therefore, the PaPUC argues, permanent number portability may be available  X-before most competitors are offering service to customers.<5( XP yO -ԍ Id. at 1112.< " 5,-(-(ZZ"  X- IV. DISCUSSION ă  X-A. In General  X-  A x14. Under Section 1.3 of the Commission's rules, the Commission may exercise its  Xv- xdiscretion to waive a rule where there is "good cause" to do so.<6vXP yO-ԍ 47 C.F.R.  1.3.< That discretion, however, "does  X_- xznot contemplate that an agency must or should tolerate evisceration of a rule by waivers."7_XXP yOh - xԍ WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) ("Wait  yO0 -Radio").  XH- x[Rather, petitioners generally face a "high hurdle" to show that a waiver is justified.B8HXP yO -ԍ Id. at 1153. B A waiver  xof the rules is appropriate if special circumstances warrant a deviation from the general rule and  X - xZsuch deviation will serve the public interest.9 @XP yO - xԍ Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) ("Northeast Cellular"); WAIT  yO-Radio, 418 F.2d at 1157. Examples of special circumstances the Commission  xMmay consider include hardship imposed by the rule's enforcement, equity, or more effective  X - x=implementation of overall policy on an individual basis.L: XP yO5-ԍ WAIT Radio, 418 F.2d at 1159.L Further, a decision to grant a waiver  xmust be based on articulated, reasonable standards that are predictable, workable, and not  X -susceptible to discriminatory application.T; ( XP yO-ԍ Northeast Cellular, 897 F.2d at 1166.T  X-  x15. In the Local Competition Second Report and Order, the Commission required  x/mandatory 10digit dialing for all local calls in areas served by overlays to ensure that local  xidialing disparity does not deter competition. The Commission explained that competing exchange  xyservice providers, most of which would be new entrants to the market, would have to assign to  xtheir customers numbers in the new area code while incumbent LECs would be able to assign to  x>their customers numbers in the old area code. The competitive LECs' customers in the new  xoverlay code would have to dial 10 digits much more often than the incumbent LEC's customers  xzin the old area code, thereby making it less attractive for customers to switch to competitive  X-LECs.h< XP yOA#-ԍ Local Competition Second Report and Order at 47330.h   ^x16. The PaPUC presents several arguments to show special circumstances justifying  x1waiver of the Commission's 10digit local dialing requirement in conjunction with the  x=implementation of an area code overlay. These include arguments: (1) that number portability"| H <,-(-(ZZn"  xwill resolve the anticompetitive effects of an NPA overlay that allows 7digit dialing; (2) that  xNXX distribution in the 412 NPA will ameliorate the anticompetitive effects of 7digit dialing;  x.(3) that the convenience of allowing 7digit dialing within local area codes justifies the waiver;  xand (4) that the short time remaining for overlay implementation justifies the waiver. We have  xreviewed these arguments carefully and, for the reasons set forth below, find that, whether taken  x^individually or together, they fail to show good cause for waiving the 10digit dialing  xrequirement. In addition, the PaPUC has not shown that the deviation from the rule requiring  x10digit dialing it requests would serve the public interest. In fact, a waiver of the 10digit  xdialing requirement would undermine the procompetitive national policies embodied in the 1996 Act and underlying the Commission's 10digit dialing requirement for area code overlays.  X -B. Number Portability Argument  X -  x17. In the past, a customer would have been forced to relinquish his old telephone  xnumber if he changed his local service provider. When fully implemented, number portability  X- xwill allow customers to keep their telephone numbers when they change local service carriers. =XP yO - xKԍ At the present time, longterm local number portability has not been implemented anywhere in the United  yO-States. See Number Portability Order and First Reconsideration Order.   x\For this reason, number portability will alleviate some anticompetitive effects of an overlay  xbecause a customer will be able to change service providers without having to change his or her  x-area code; changing providers will thus become less inconvenient. Businesses changing service  xproviders will not have to change stationery, business cards, and other advertising materials;  xindividuals will not have to inform those calling them frequently of a number change. The  xPaPUC states that number portability without a 10digit dialing requirement ameliorates the anti xLcompetitive dialing disparities caused by an overlay, and therefore eliminates the need for that  xrequirement. Neither interim nor longterm number portability, however, will eliminate any of  xthe dialing disparities that are caused by area code overlays. Admittedly, customers will be able  xto keep their telephone numbers when they change local service carriers, and would, without 10 xdigit dialing, be able to continue dialing seven digits to make calls within the old NPA. For an  x area code overlay without 10digit dialing, however, there will always be a dialing disparity  xbetween customers in the old code and customers in the new code. As a consequence, the advent  xof number portability will not, and does not, constitute a special circumstance that would justify granting the PaPUC's requested waiver. x   x18. Interim number portability, as stated above, does not eliminate the dialing disparity  X- x{inherent in an overlay implemented without mandatory 10digit dialing.> XP yO#- xԍ See para. 19, infra for a discussion of the dialing disparities inherent in an overlay plan implemented without 10digit dialing. Contrary to the  xkPaPUC's assertion, technical drawbacks inherent in implementing interim number portability  xprevent interim number portability from overcoming the anticompetitive aspects of a NPA  xoverlay with 7digit dialing. Interim number portability uses call forwarding services such as"! x>,-(-(ZZ "  xremote call forwarding ("RCF"), a technology that creates a slight dialing delay for customers as  x]their calls are forwarded from the old number to the new number. In addition, customers  xreceiving interim number portability through RCF lose certain local area signalling services, such  x?as caller ID. Competitive LECs can only offer these services if the customer is willing to  xisurrender his or her old telephone number, placing the competitive LECs at a disadvantage. Also,  xthe transmission quality of calls for customers using RCF may be degraded. Thus, even though  xit allows a caller to retain his or her 7digit number when the caller changes carriers, interim  x-number portability does not create a level playing field between incumbent LECs and competitive LECs.  X -  x19. Although the Commission recognized in the Local Competition Second Report and  X - xiOrder that longterm number portability would "reduce the anticompetitive impact of overlays,"n? XP yO| -ԍ Local Competition Second Report and Order at 47331.n  xlongterm number portability does not address the anticompetitive impacts of overlays addressed  xby the 10digit dialing requirement we imposed. Longterm number portability will reduce some  xanticompetitive effects of overlays by allowing existing incumbent LEC customers to retain their  xtelephone numbers, including the area code, if they change to a competitive LEC. Nonetheless,  xdialing disparity would still exist between the old NPA and the new NPA that would be  xdetrimental to competitive LECs seeking to compete with Bell Atlantic. New customers in the  xarea and existing customers who obtain additional lines would not "port" numbers from the old  XK- xNPA.@ KXXP yOT- xԍ A number is "ported" when a customer transfers his or her existing telephone number from Carrier A to  x;Carrier B and any call to that customer is routed by Carrier A's switch to a corresponding switch operated by Carrier  x,B. Carrier B completes the routing of the call to its customer. The change in terminating carriers is transparent to  yO-the calling party. Number Portability Order, 11 FCC Rcd at 8499, Appendix E. Because Bell Atlantic is likely to have more numbers in the old NPA than competitive  xLECs, it will be better able to assure its new customers the convenience of 7digit dialing for the  xmajority of their local calls if the waiver is granted. Admittedly competitive LECs have NXXs  xin some rate centers in the 412 NPA, and consequently may be able to assign numbers in the 412  x.NPA to some customers. In some cases, Bell Atlantic also may have to assign numbers in the  xnew NPA in particular rate centers because it will have no 412 numbers available. Overall,  xhowever, it is more likely that the incumbent LEC will be able to assign a number in the old  xNPA because the incumbent LEC will have more NXX numbers in more rate centers in the 412  xNPA than competitive LECs will have. As a consequence, for the new customers' lines and the  xexisting customers' second lines in the new NPA, there will continue to be a dialing disparity for  xcalls to the 412 NPA. Thus, in the absence of mandatory 10digit dialing, a customer could find  xit less attractive to obtain service from a competitive LEC solely because Bell Atlantic and other incumbent LECs will have access to a larger pool of NXXs in the old NPA.  X -  @x20. The PaPUC states that the overlay code is to be opened May 1, 1997.HA @XP yO%-ԍ PaPUC Petition for Waiver at 2.H Because  ximplementation of longterm number portability in Pittsburgh may not occur until late June 1998," A,-(-(ZZ<"  x>it would probably be a minimum of a year between the opening of the overlay code and the  X- xavailability of longterm number portability.@BXP yOb- xԍ The Pittsburgh area is scheduled for Phase III deployment, the schedule for which was not extended in the  yO*- xFirst Reconsideration Order. Phase III deployment will likely occur after completion of the first two phases, and  yO- xis scheduled for April 1, 1998June 30, 1998. Number Portability Order, 11 FCC Rcd at 8501, Appendix F. In the  yO- xFirst Reconsideration Order, the Commission clarified that implementation of number portability for a phase may  xbegin at any time during that phase, provided that implementation in the designated markets is completed by the end  yOJ-of that phase. First Reconsideration Order at para. 81.@ This delay significantly reduces any immediate  xprocompetitive, ameliorative, effects that longterm number portability might otherwise have on the use of 7digit dialing proposed by the PaPUC.  X-C. NXX Code Distribution Argument  X_-  ^x21. The PaPUC also states that local dialing disparity will not occur in the Pittsburgh  xoverlay because the Bell Atlantic Code Administrator has told the PaPUC that by June 30, 1997,  X1- xapproximately 260 NXXs (and the corresponding 2.6 million numbers)C1@XP yO"-ԍ There are 10,000 7digit line numbers in an NXX code. 2,600,00 numbers  10,000 = 260 NXX codes. will be available to  X - xcompetitive LECs and other providers in the 412 NPA.,DX XP yO- xԍ PaPUC Petition for Waiver at 7. According to the figures used by the PaPUC, Bell Atlantic and the other  x[incumbent LECs control approximately 495 NXXs (and the corresponding 4.95 million numbers) in the 412 Pittsburgh area code., These facts do not show special  xkcircumstances justifying a waiver of the 10digit dialing requirement because, in spite of the  xavailability of NXX codes to them, competitive LECs will still face a competitive disadvantage  x!in assigning numbers from the old NPA. Assuming that the 2.6 million number figure is  X - xcorrect,E XP yO_- xZԍ There is disagreement as to the accuracy of the PaPUC's figure. See TCG Comments at 7; APT Pittsburgh  xiComments at 7. TCG states that the figure is misleading because it does not indicate that many of the NXXs are  xdistributed to wireless carriers, and does not account for the fact that the 412 NXXs are confined to geographically  xspecific rate centers. APT Pittsburgh states that, even though NXXs are available for assignment in the 412 NPA, new wireless entrants may not deploy their networks in time to request a 412 NXX. the corresponding 260 NXXs to which those numbers are attached will be divided  xamong the competitive LECs and wireless providers. Bell Atlantic and the other incumbent LECs  x.will continue to have a competitive advantage under the PaPUC overlay plan. Bell Atlantic, in  xparticular, has more NXXs, and may, therefore, be more likely to have numbers available to offer  xkcustomers in the 412 area code. As of December 31, 1996, Bell Atlantic had 382 NXXs (51%  XK- xof those available) in the 412 code.HFKXP yO"-ԍ PaPUC Petition for Waiver at 7.H More importantly, Bell Atlantic is more likely to have  xNXXs in each rate center, whereas individual competitive LECs may only have NXXs in a few  xrate centers, and consequently may only be able to serve customers in limited geographic areas  xywithin the 412 area code, even though these competitive LECs may have many unassigned line" 0F,-(-(ZZ"  X- x.numbers within their particular NXXs.GXXP yOy- xԍ The Bureau does not address here the issue, currently before the Commission on reconsideration, of whether  xto eliminate the requirement that at least one NXX code be available to every existing telecommunications carrier authorized to provide service in the affected area code 90 days before the introduction of a new overlay area code.  Moreover, it is unlikely that the competitive LECs will  X- xbe able to obtain NXX codes in all rate centers of the 412 NPA.H XP yO- xԍ See, e.g., TCG Ex parte March 19, 1997. TCG states that there are 99 official rate centers in Bell Atlantic's  x<territory within the 412 NPA. TCG currently uses 42 NXX codes to serve 42 rate centers within the 412 NPA.  xThere are 57 rate centers within the 412 NPA that TCG cannot serve because it cannot obtain NXX codes at this time in the 412 NPA. Thus, as competitive LECs  xexpand their service areas, they will have to obtain NXXs from the overlay area code, and dialing  xdisparity between incumbent LECs and competitive LECs will continue. We also note that, until  x=transfer of NXX code assignment functions to a neutral NANPA is achieved, Bell Atlantic will continue to assign NXX codes to competitive LECs and itself.   x22. For allservices area code overlays, in addition to mandatory 10digit dialing between  XH- xand within the area codes to be overlaid by the new code, the Local Competition Second Report  X1- x$and Order requires the availability of at least one NXX code for every existing  xtelecommunications carrier authorized to provide service in the area in which the new overlay  xarea code will be introduced 90 days before that introduction. For the reasons set forth in  xyparagraph 21, a competitive LEC's current possession of NXXs in the 412 code is not sufficient  xto constitute special circumstances that would justify granting the requested waiver of the 10digit dialing requirement.  X -  X-D. Customer Confusion Argument  Xy-  Xb-  x23. The PaPUC, various consumers, and Pennsylvania state senators assert that 10digit  xdialing will create customer confusion. This argument fails to show special circumstances  x[justifying a waiver of the 10digit dialing requirement because the "confusion" that arises from  x.area code relief plans is a nationwide issue, affecting people throughout this country any time  xarea code relief is necessary. It is not an occurrence that is unique to the 412 area code. The  ximplementation of any new area code, whether it is implemented through an overlay, a  x[geographic split, or a rearrangement of existing area code boundaries, is initially confusing not  xonly to customers in the affected area but also to those who call them from outside that area.  xThe retention of 7digit dialing may alleviate confusion for some customers because they could  x=dial seven digits for calls in the old NPA, which, at least initially, will constitute the majority of  xtheir calls. As the PaPUC itself recognizes, however, any relief resulting from the retention of  x7digit dialing would be, at best, temporary. As more area codes are depleted and need to be relieved, 10digit dialing for local calls will become inevitable.  X -E. Insufficient Compliance Time Argument "  H,-(-(ZZ="Ԍ X-  |x24. Finally, the PaPUC asserts that there is insufficient time for carriers to accomplish  xthe technical and central office changes required to support 10digit dialing within the area to be  X- xLserved by the overlay code before May 1, 1997, the date on which that code is to be opened.HIXP yOK-ԍ PaPUC Petition for Waiver at 8.H  X- xAlthough the PaPUC adopted the 412 Area Code Order on June 20, 1996, it should have been  X- xaware of the Commission's 10digit dialing requirement before its entry of the 412 Area Code  X- xLOrder on September 12, 1996. Indeed, the PaPUC filed a Petition for Reconsideration of the 10 xLdigit dialing requirement on October 7, 1996, but it did not file its Petition for Expedited Waiver  x]until two and a half months before the implementation date for the overlay. Under these  xcircumstances, the short time remaining for overlay implementation does not, in and of itself, constitute grounds for a waiver of the 10digit dialing requirement.   x25. Bell Atlantic and several smaller incumbent LECs have also argued that insufficient  xtime remains before May 1, 1997 to adjust their networks for 10digit dialing. Further, the  xPaPUC asserts that sufficient time must be allowed for customer education. Bell Atlantic and  xother commenters have stated that customer "education" has begun, and they have already  X - xinformed 412 area customers that they may retain 7digit dialing in the 412 area code.JX XXP yO- xԍ Customer education measures have included advertisements in newspapers in the affected area and letters to  yOx- xbusiness and residential customers. See Ex parte letter from Maureen A. Scott, Assistant Counsel to the PaPUC, to William F. Caton, Acting Secretary of the Commission, entered on April 1, 1997. Based  x on the current schedule for area code relief, we will allow carriers until November 1, 1997 to  xzmake all required modifications to switches, perform all other necessary technical tasks, and  x=educate consumers about 10digit dialing. This will provide approximately seven months from  xadoption of this order for these tasks to be completed. Mandatory 10digit dialing must be in place by November 1, 1997 for the overlay relief plan.  X-F. Summary   x26. In summary, we find that the PaPUC has not shown good cause for granting a waiver  x>of the 10digit dialing requirement. The requested waiver, if granted, would create a dialing  xdisparity in the area to be affected by the overlay. This disparity would create hardship for new  xentrants entering the Pittsburgh market and would undermine the procompetitive objectives  x.underlying the Commission's 10digit dialing requirement for area code overlays. Such results  xwould not be in the public interest because customers ultimately would pay the price for the lack  xof competition in the telecommunications marketplace. In addition, neither the PaPUC nor the  xsupporting commenters demonstrated special circumstances that warrant a deviation from the  xgeneral rule, nor that the deviation requested by the PaPUC will serve the public interest.  X - x.Because it has failed to meet the criteria for a waiver articulated in WAIT Radio and Northeast  X-Cellular, the PaPUC's Petition for Expedited Waiver is denied. "xJ,-(-(ZZ"  X-6 V. ORDERING CLAUSES ă x  X-  # x27. Accordingly, IT IS ORDERED, pursuant to Sections 0.91, 0.291 and 1.3 of the  xCommission's rules, 47 C.F.R.  0.91, 0.291 and 1.3, that the Petition for Expedited Waiver of  xSection 52.19 of the Commission's rules, 47 C.F.R.  52.19, filed by the Pennsylvania Public Utilities Commission, IS DENIED.   ]x28. IT IS FURTHER ORDERED, pursuant to the authority contained in Sections 4(i) and  xz251(e)(1) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and  251(e)(1),  x and pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291,  x>that, if an area code overlay is implemented in the 412 NPA on or after May 1, 1997, carriers  xjoperating within the area served by the proposed overlay must modify switches, perform other necessary technical tasks, and educate consumers about 10digit dialing by November 1, 1997.   xy29. IT IS FURTHER ORDERED, pursuant to Section 0.91 and 0.291 of the  x]Commission's rules, 47 C.F.R.  0.91 and 0.291, that the MOTION FOR LEAVE TO FILE  xkLATEFILED REPLY COMMENTS filed by the Pennsylvania Public Utilities Commission IS GRANTED.   1x30. IT IS FURTHER ORDERED, pursuant to Section 408 of the Communications Act  x?of 1934, as amended, 47 U.S.C.  408, that this Order shall be effective immediately upon release. x x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Regina M. Keeney x` `  hh@Chief, Common Carrier Bureau y"7J,-(-(ZZ?"  X-0 APPENDIX  X-  X-Parties Filing Comments Aerial Communications, Inc. and its subsidiary APT Pittsburgh Limited Partnership Allegheny Intermediate Unit Allegheny Media AT&T Corporation Bell Atlantic NYNEX Mobile, Inc. Senator Albert V. Belan (Senate of Pennsylvania) Bentleyville Telephone Company Senator Leonard J. Bodack (Senate of Pennsylvania) Citizens Telephone Company of Kecksburg Senator Melissa A. Hart (Senate of Pennsylvania) Hickory Telephone Company Senator Richard A. Kasunic (Senate of Pennsylvania) Mariana Scenery Hill Telephone Company The Honorable Frank Mascara (U.S. House of Representatives) MCI Telecommunications Corporation North Pittsburgh Telephone Company Sprint Corporation Richard A. Stafford c/o Pennsylvania Economy League Senator Patrick J. Stapleton (Senate of Pennsylvania) Senator J. Barry Stout (Senate of Pennsylvania) Teleport Communications Group Inc. Three Rivers Area Labor Management Committee Senator Jack Wagner (Senate of Pennsylvania) WorldCom, Inc. B.J. Leber, Executive Director Communications and Outreach WQED Pittsburgh  X -Parties Filing Reply Comments Aerial Communications, Inc. and its subsidiary APT Pittsburgh Limited Partnership AT&T Corporation MCI Telecommunications Corporation Pennsylvania Public Utilities Commission Teleport Communications Group Inc. U S West