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"7>NGI ")OaOb#Xv P7XP##Xv P7XP#"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd22K)K+K.Kf0"i~'^'-5CCph---CK#-#%CCCCCCCCCC%%KKK;{`XX`SK``-3`Su``K`XKS``}``S-%-=C-;C;C;-CC%%C%hCCCC-3%CC`CC;@@H-#H=---#------C-C%`;`;`;`;`;uWX;S;S;S;S;-%-%-%-%`C`C`C`C`C`C`C`C`C`C`;`C`A`C`C`CKC`;`;`;X;X;XHX;`TS;S;S;S;`C`C`C`H`C`H`C-%-C---C]KHH`CS%S5S-S-S%`CO`C`C`C`Cu`X-X-X-K3K3K3KHS8S%S=`C`C`C`C`C`C}``HS;S;S;`CS-`CK3S-`CT#CC,,W]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN0PP0=C-;CCCCC%+eeC(+eeCe(--;;C..PCCPe0PP0OmmKK-;Cp("XXXXee{CePMHCKPPC"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd,**x "  X0permanent local number portability and nondiscriminatory central office code assignment.j Xy0#Xj\  P6G;ynXP#э#X\  P6G;ɒP#Section 52.19(b) states that state commissions may perform functions relating to area code relief only in  {Ob$accordance with the Commission's regulations. 47 C.F.R.  52.19(b). See waiver petition at 45. As the New York Commission notes, INC Guideline 950407008 requires that central office codes be assigned to all  {O$qualified applicants in a nondiscriminatory manner. See New York Order at 89. The New York Commission acknowledges that requiring strict adherence to the antidiscrimination provisions of the code assignment guidelines should go without saying, but it cannot, standing alone, resolve the concerns raised about the overlay.  {ON$Id. at 33. j We conclude that state compliance with the existing federal requirements of long-term number portability and nondiscriminatory central office code assignment does not constitute a special circumstance that justifies waiving the tendigit dialing requirement.  X09.  The New York Commission argues also that number pooling places the incumbent LEC and CLECs in the same competitive position with respect to new number assignments by assuring that all carriers have equal access to available numbers in the existing  XH0area code "regardless of size and timing of market entry."nH/ X(0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#Waiver petition at 47. With number pooling, carriers would receive numbers in blocks of less than 10,000, which would allow multiple carriers to share a single central office code.n It states that number pooling will provide an additional "procompetitive safeguard," noting that implementation of number pooling will be required as soon as it is technically feasible, together with an education  X 0program to acquaint the public with the area code overlay and its operation.n)  X\0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#Id. at 46. In support of the petition, RCN argues that implementation of number pooling, when technically feasible, distinguishes New York City from Pittsburgh. RCN comments at 35. Bell Atlantic states that notwithstanding the fact that number pooling will not be in place coincident with the opening of the overlay code, it supports the waiver petition. Bell Atlantic comments at 3. WinStar contends that number pooling is not a procompetitive measure. WinStar comments at 7. MCI argues that pooling does not make an anticompetitive overlay competitively neutral unless all unassigned numbers are in the pool and available for assignment to new entrants. It notes that there are few numbers available for pooling in the 212 supply. MCI comments at 56. MCI contends that only telephone linelevel pooling, where all carriers have equal access to any unassigned telephone number, should be considered competitively neutral. MCI reply at 34.n  X 0 10. Industry groups, at the direction of the NANC, are working to develop number conservation measures and more efficient means of allocating and using numbers, particularly  X 0number pooling.  X 0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#See Letter from A. Richard Metzger, Jr., FCC, to Alan C. Hasselwander, NANC, dated March 23, 1998. In his letter, Mr. Metzger requested that the NANC submit to the Commission by September 23, 1998 a report on national number pooling standards sufficiently detailed to support, both technically and operationally, a  {Oj#$uniform, nationwide system for pooling by December, 1999. See also Letters from Alan C. Hasselwander, NANC, to A. Richard Metzger, Jr., FCC, dated November 5, 1997 and December 22, 1997 (NANC November 5 Pooling Letter and NANC December 22 Pooling Letter). The NANC has concluded that number pooling is in the public interest and that national guidelines for number pooling architecture, implementation, and  {O&$administration are appropriate. See NANC November 5 Pooling Letter. Further, the NANC has concluded that number pooling is not a substitute for appropriate area code relief in exhaust situations, but that it may improve  {O($number utilization and enhance local competition. See NANC December 22 Pooling Letter.  The New York Commission has not demonstrated how number pooling  X0will ameliorate the dialing disparity that will occur between existing telephone users in the 212 and 718 area codes, who would continue to dial seven digits to call other telephone users"yX,**" in the 212 and 718 area codes, and new telephone users in the 646 and 347 area codes, who  X0would have to dial ten digits to reach telephone users in 212 and 718.F Xb0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#Waiver petition at 45. See Local Competition Second Report and Order, 11 FCC Rcd at  28191; 47 C.F.R.  52.9, 52.15, 52.19, 52.23.F We conclude that a commitment to future implementation of number pooling does not provide a sufficient basis for waiving the tendigit dialing requirement. We also do not find that a public education program provides a sufficient basis for granting a waiver. While an education program to acquaint the public with the area code overlay and its operation may be helpful, it will not ameliorate the competitive inequality of dialing disparity. As WinStar noted in its comments, a public outreach and education program is necessary for any form of area code relief. Such education efforts could be used just as effectively to explain the overlay with tendigit  X10dialing.1A X# 0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#WinStar comments at 7.  X 0 11. The New York Commission argues that the low number of rate centers in Manhattan allows all competitors to obtain central office codes in the old area code and in all  X 0rate centers in the old area code.y  Xx0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#Waiver petition at 6 (citing Pennsylvania Order, 12 FCC Rcd at  19, 21). There are thirteen primary rate centers in the four boroughs (the Bronx, Brooklyn, Queens, and Staten Island) served by the 718 area code. New York Commission February 23 Response at 1.  The New York Commission points out that there are three rate centers in Manhattan and contends that the low number of rate centers allows all competitors to obtain central office codes in all rate centers. According to the New York Commission, the Bureau's concern that CLECs will receive most number assignments from  Xy0the new area code, rather than from the existing area code, is unwarranted in Manhattan.yy3 X]0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#Id. RCN and Bell Atlantic agree that the fact that there are only three rate centers in the 212 area code makes it more likely that CLECs will have equal access to ported numbers, thus distinguishing Manhattan from Pittsburgh. RCN comments at 4; Bell Atlantic comments at 23.  XK0 12. As of February 1998, 112 central office codes in the 212 area code were assigned to CLECs, and 625 to the incumbent Bell Atlantic. In the 718 area code, 94 central  X0office codes were assigned to CLECs, and 498 to the incumbent Bell Atlantic.ct  XB 0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#Ѝ#X\  P6G;ɒP#New York Commission February 23 Response at 45. MCI contends that, notwithstanding the availability of telephone numbers, CLECs still face a disadvantage in assigning numbers from the old area code. It maintains that the fact that a new entrant has telephone numbers in the old and new area codes does not constitute the requisite special circumstances that would justify a waiver. MCI comments at 78 (citing  {O#$Pennsylvania Order, 12 FCC Rcd at  21, 22). WinStar notes that the code administrator may only assign codes that are available, and the majority of codes are in the possession of Bell Atlantic. It points out that most new code assignments will come from the new area code. This, WinStar argues, is acceptable only with mandatory tendigit dialing. WinStar comments at 6.  Clearly, Bell  X0Atlantic has substantially more central office codes in both area codes than the CLECs.y XV(0#Xj\  P6G;ynXP#э#d6X@`7N@##X\  P6G;ɒP#In the Pennsylvania Order, the Bureau held that Bell Atlantic will continue to have a competitive advantage because Bell Atlantic is more likely to have central office codes in each rate center, whereas individual CLECs may only have central office codes in a few rate centers. The Bureau noted that as CLECs expand their"*,***" service areas, they would have to obtain NXXs from the overlay area code, and dialing disparity between  {OX$incumbent LEC and CLECs would continue. Pennsylvania Order, 12 FCC Rcd at  21. The Bureau found that a CLEC's current possession of NXXs is not sufficient to constitute special circumstances that would justify a  {O$waiver of the ten-digit dialing requirement. Id. at  21, 22. It held, among other things, that CLECs would be  {O$at a competitive disadvantage in assigning numbers from the old area code. Id. In these circumstances, the Bureau held that, absent mandatory ten-digit dialing, a customer could find it less attractive to obtain service  {OF$from a CLEC solely because "Bell Atlantic and the other incumbent LECs will continue to have a competitive  {O$advantage under the [Pennsylvania Commission] overlay plan. Bell Atlantic, in particular, has more central office codes, and may, therefore, be more likely to have numbers available to offer customers in the (old) 412  {O$code." Id. at  21 (emphasis added). This"l ,**L" factor, combined with customers' familiarity with 212 and 718, may cause telephone users to continue to prefer 212 and 718 over other area codes, even without granting the requested  X0waiver.l  X 0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#See WinStar comments at 56.  X0 13. We note that the Commission's competitive concerns regarding dialing disparities  X0are not solely limited to potential competitive inequality between the incumbent LEC and  Xv0CLECs currently competing in a market.v  XD0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#See Local Competition Second Report and Order, 11 FCC Rcd at  28191. We also must consider the effects of dialing disparities on future competitors, including wireless carriers, which might seek to enter the market to compete for customers in New York City. We conclude that the presence of CLECs with access to central office codes in the existing area code, and in most, if not all  X 0rate centers, by itself, is insufficient justification to waive the tendigit dialing requirement.   X0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#Waiver petition at 34. See Local Competition Second Report and Order, 11 FCC Rcd at  28191.  X 0 Impact on Existing Telephone Users  X 0  X 0  14. The New York Commission argues that enforcement of mandatory tendigit  X 0dialing "will unduly inconvenience callers in the New York City area."!  X0#x6X@`7X@##Xj\  P6G;ynXP#э#X\  P6G;ɒP#Waiver petition at 23, 67. Administration of numbers, however, whether by the Commission or through delegation of authority to state commissions, may not unduly favor or disfavor any particular group of telecommunications  Xb0consumers."b0 XC"0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#See 47 C.F.R.  52.9(a) & (b). Were the Bureau to grant the waiver, telephone users in the overlay area codes will be compelled to dial tendigits to talk to telephone users in the original area codes. Thus, between telephone users in the old and new area codes, including customers of wireless  X0carriers, "there would exist a dialing disparity, which would increase customer confusion."/#  X&0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#See waiver petition at 34; Local Competition Second Report and Order, 11 FCC Rcd at  287. WinStar argues that the inconvenience caused by introduction of a new dialing plan is outweighed by the confusion that would result from customers having to decide whether to dial seven or ten digits to reach a nearby neighbor or coworker. WinStar comments at 3. WinStar argues that tendigit dialing is necessary to ameliorate customer confusion and inconvenience, to encourage competition, and to ensure the long term")",**)"  {O$integrity of the numbering plan. Id. at 2. / "Z#,**h" As the Bureau already has observed, implementation of any new area code, whether through an overlay, a geographic split, or a rearrangement of existing area code boundaries, is initially confusing, not only to customers in the affected area, but also to those who call them from  X0outside that area.b$CZ X0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#Pennsylvania Order, 12 FCC Rcd at  23. The Bureau held that while seven-digit dialing may alleviate confusion for some customers because they could dial seven digits for calls in the old area code, which initially will constitute the majority of their calls. We concluded, however, that as more area codes are depleted and need  {O? $to be relieved, ten-digit dialing for local calls will become inevitable. Id.b Failure to implement tendigit dialing will only increase the confusion and inconvenience that would ensue if only certain customers had to dial ten digits.  Xv0Temporary Delay in Implementing TenDigit Dialing  XH015. The Bureau is, however, sympathetic to the detrimental effects of exhaust caused by the current lack of assignable central office codes in area code 212. It is clear that area code relief is required immediately in Manhattan. We observe also that carriers and operators of private systems require time to make technical modifications to their networks and that sufficient time must be allowed for public education. We note that boroughs of New York City comprise a single geographicallydefined unit, with two existing wireline area codes, as well as the shared, wirelessonly 917 area code. The New York Commission has stated that, in the event it did not receive a waiver, it preferred to implement tendigit dialing on a citywide basis after 646 and 347 both have been activated as overlays to the existing 212 and 718  Xy0area codes.% ye X0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP#See New York Order at 3539. The New York Commission provided that "[a]ll telephone carriers providing local service in New York City shall take the steps needed to comply, by not later than April 1, 1999, with federal 11digit dialing requirements related to overlay area codes to the extent these dialing requirements remain applicable. In the event those requirements do remain applicable, all such carriers shall introduce, by not  {O$later than January 1, 1999, a permissive dialing arrangement." Id. at 39.  XK016. While we deny the petition for a permanent waiver, given the current scarcity of numbering resources in 212, the proposed implementation schedule for area code relief, and the fact that New York City comprises a single geographicallydefined unit, we find that it would be less disruptive and confusing to businesses and residents to permit a temporary delay in implementing mandatory tendigit dialing. Accordingly, we will allow the New York Commission to activate 646 as an allservices area code overlay in Manhattan, but to delay, temporarily, implementing tendigit dialing until such time as 347 is activated as an allservices area code overlay for 718, but in no event later than April 1, 1999. This delayed implementation date should provide sufficient time for network modifications and public  X|0education before 347 is activated.&|8  Xe&0#Xj\  P6G;ynXP##Xj\  P6G;ynXP#э#X\  P6G;ɒP##X\  P6G;ɒP#See March 25 New York Order. "e &,**@"Ԍ X0 }[IV. CONCLUSION ă  X017. We find that the New York Commission has not shown good cause that would justify a permanent waiver of the Commission's tendigit dialing requirement. Accordingly, the petition for a permanent waiver of the tendigit dialing requirement is denied. However, as discussed above, on our own motion we grant the New York Commission a temporary waiver of the Commission's tendigit dialing requirements . b  XH06> V. ORDERING CLAUSES ă 18. IT IS THEREFORE ORDERED, pursuant to sections 1.3 and 52.19 of the Commission's rules, 47 C.F.R.  1.3 and 52.19, and by 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 Petition for Permanent Waiver is DENIED. 19. IT IS FURTHER ORDERED, on our own motion and pursuant to sections 1.3 and 52.19 of the Commission's rules, 47 C.F.R.  1.3 and 52.19, and by 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 New York Commission may activate 646 as an allservices area code overlay in Manhattan, but delay, temporarily, implementing tendigit dialing, until 347 is activated as an allservices area code overlay for 718 in Brooklyn, the Bronx, Queens, and Staten Island, but in any event no later than April 1, 1999. ` `  ,hh^b ` `  ,hh^FEDERAL COMMUNICATIONS COMMISSION ` `  ,hh^Lawrence E. Strickling ` `  ,hh^Deputy Chief, Common Carrier Bureau