******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) New York Department of Public Service ) NSD File No. L-98-03 Petition for Expedited Waiver of ) 47 C.F.R. Section 52.19(c)(3)(ii) ) ORDER Adopted: December 4, 1998 Released: December 4, 1998 By the Chief, Network Services Division: 1. On July 20, 1998, the Common Carrier Bureau (Bureau) granted a temporary waiver to the State of New York Department of Public Service (NYDPS) of the ten-digit dialing requirement of the Commission's rules governing area code relief. The temporary waiver period permitted an activation of 646 as an all-services area code overlay in the 212 Numbering Plan Area (NPA), but allowed a temporary delay of mandatory ten-digit dialing until 347 was activated as an all-services overlay NPA for the 718 area code, but in no event later than April 1, 1999. On November 6, 1998, the NYDPS requested that we further extend the temporary waiver period. In this Order, we extend the waiver period until April 15, 2000, for the reasons indicated below. 2. In its letter of November 6, 1998, NYDPS has advised us that implementation of 646 as an overlay NPA for the 212 NPA will not be complete until July 1999, and the 347 NPA overlay is not expected to be introduced in the 718 NPA until October 1999. None of the factors that led to our grant of a temporary waiver in the July 20 New York Order have changed, except for the schedule of area code relief in the 212 and 718 NPAs. The NYDPS's November 6 letter requests a delay in implementing ten-digit dialing from the proposed date of area code relief equivalent to that which we granted in the July 20 New York Order; that is, approximately three months from the date of the implementation of the 347 NPA overlay in Brooklyn, the Bronx, Queens, and Staten Island. 3. Bell Atlantic, however, is concerned with major network modifications taking place within several weeks of January 1, 2000. Bell Atlantic states that it has a network stability period that extends for several weeks before and after January 1, 2000, intended to isolate, and resolve, any Year 2000 problem that may arise. We share Bell Atlantic's concern with the Year 2000 problem, and agree that its network stabilization period is prudent given the uncertainties associated with the Year 2000 problem. In a letter dated November 25, 1998, the NYDPS advised that it and Bell Atlantic have arrived at a tentative schedule for introducing area code relief to the 212 and 718 NPAs which takes into account Bell Atlantic's network stability period. The schedule calls for mandatory 10-digit dialing in the 212/646 area by December 1, 1999, and mandatory 10-digit dialing in the 718/347 area by April 15, 2000. 4. Given our findings in the July 20 New York Order, which we held justified a temporary waiver of ten-digit dialing requirements, and the potential complications occasioned by activating new area codes near January 1, 2000, we extend the temporary waiver until April 15, 2000, for both the 212/646 and 718/347 overlay areas. 5. Accordingly, IT IS ORDERED, pursuant to section 52.19 of the Commission's rules, 47 C.F.R.  52.19, and by the authority delegated in sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, that the NYDPS may activate 646 as an all-services area code overlay in the 212 NPA, and 347 as an all-services area code overlay in the 718 NPA, but delay, temporarily, implementing ten-digit dialing in all the NPAs at issue until no later than April 15, 2000. FEDERAL COMMUNICATIONS COMMISSION Anna M. Gomez Chief, Network Services Division Common Carrier Bureau