COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION AT ...

COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION

AT RICHMOND, OCTOBER 3, 2019

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

Ex Parte: In the matter of the Commission's investigation into exhaust relief for the 540 area code

an OU -3' A AH'! CASE NO. PUR-2019-00148

ORDER ASSIGNING HEARING EXAMINER On September 9, 2019, the North American Numbering Plan Administrator ("NANPA"), as the neutral third-party numbering plan area relief planner for the Commonwealth of Virginia and on behalf of Virginia's telecommunications industry ("Industry"),1 filed an application ("Application") requesting that the State Corporation Commission ("Commission")2 approve the Industry's consensus recommendation for an all-services overlay as the form of relief for the 540 NPA or area code.3 NANPA represents that absent NPA relief, the supply of available telephone numbers in the 540 area code will be exhausted during the second quarter of 2022.4 According to NANPA, the recommended all-services overlay would superimpose a new NPA (or area code) over the same geographic area covered by the existing 540 NPA, and the overlay approach has a projected life of 30 years.5 Under the Industry's recommended approach,

1 The Industry is described as current and prospective telecommunications carriers operating in, or considering operations within, the Virginia 540 area code. Application at 1.

2 According to the Application, the Federal Communications Commission ("FCC") delegated authority to the states to review and approve numbering plan area ("NPA") reliefplans. Application at 1 (citing 47 C.F.R. ? 52.19).

3 Application at 1.

4 Id NANPA also notes that as the neutral third-party administrator, NANPA has no independent view regarding the relief option selected by the Industry. Id.

5 id. at 4.

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all existing customers would retain the 540 area code and would not have to change their telephone numbers.6 However, NANPA represents that, consistent with FCC regulations,7 the relief plan would require ten-digit dialing for all calls within and between the 540 NPA and the new NPA going forward once a phased-in implementation period is complete.8

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that public comments should be invited about the proposed area code relief plan for the 540 NPA and that public hearings should be scheduled in the affected area to receive testimony from public witnesses. We also find that a Hearing Examiner should be assigned to accomplish this, conduct all further proceedings in this matter on behalf of the Commission, and file a final report containing the Hearing Examiner's findings and recommendations. Finally, we find that the Staff of the Commission should be directed to assist in this undertaking.

Accordingly, IT IS ORDERED THAT: (1) This matter is docketed and assigned Case No. PUR-2019-00148. (2) As provided by Code ? 12.1-31 and 5 VAC 5-20-120, Procedure before hearing examiners, of the Commission's Rules of Practice and Procedure,9 a Hearing Examiner is appointed to conduct all further proceedings in this matter on behalf of the Commission. (3) The Hearing Examiner shall direct that hearings be scheduled at the appropriate places and times within the 540 area code to receive public witness testimony on the best method for implementing a new area code.

6 Id. 7 Id (citing 47 C.F.R. ? 52.19(c)(3)(ii)). 8 Application at 4-6. 5 5 VAC5-20-10e/.?e?.

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(4) The Hearing Examiner shall direct the Commission's Division of Public Utility Regulation ("Division") to publish newspaper notice about the scheduled public hearings and how interested persons may submit written comments to the Commission in this case.

(5) The Division, in consultation with NANPA, shall assist the Hearing Examiner with the arrangements and scheduling of the times and places for the public hearings.

(6) Any interested person may file written comments on the best method for implementing a new area code by submitting such comments to: Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. Comments may be submitted electronically by following the instructions on the Commission's website: . Compact discs or any other form of electronic storage medium may not be filed with the comments. All comments shall

/ refer to Case No. PUR-2019-00148.

(7) All documents filed with the Clerk of the Commission in this docket may use both sides of the paper. In all other respects, all filings shall comply fully with the requirements of 5 VAC 5-20-150, Copies andformat, of the Commission's Rules of Practice and Procedure.

(8) This matter is continued. AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to all local exchange carriers certificated in Virginia as set out in Appendix A; all interexchange carriers certificated in Virginia as set out in Appendix B; the chairman of the board of supervisors and county attorney of each county and upon the mayor or manager (or equivalent official) and city or town attorney of every city and town in the 540 area code as set out in Appendix C; Kimberly Wheeler Miller, Esquire, North American Numbering Plan Administrator, 2411 Dulles Comer Park, Suite 250, Herndon, Virginia 20171; and C. Meade Browder, Jr., Senior Assistant Attorney

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General, Office of the Attorney General, Division of Consumer Counsel, 202 N. 9th Street, 8th Floor, Richmond, Virginia 23219-3424. A copy hereof also shall be provided to the Commission's Office of General Counsel and Division of Public Utility Regulation.

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ACCESS ONE OF VIRGINIA, INC. KEVIN FENNEL ACCOUNTING MANAGER 820 W JACKSON BLVD STE 650

CHICAGO, IL 60607-3057

Airbus DS Communications of Virginia, Inc. Paula N. Pileggi General Counsel & CCO 42505 Rio Nedo PO Box 9007 Temecula, CA 92590-3726

Aims Virginia, Inc. JOHN MCCLUSKEY GENERAL MANAGER 840 S CANAL FL 7

CHICAGO, IL 60607-4519

Allied Telecom Group, LLC MR. KEN WILLIAMS CEO 1400 Crystal Dr Ste 700

Arlington, VA 22202-4153

AMELIA TELEPHONE CORPORATION Jeff Handley Manager State Government Affairs 10025 Investment Dr Ste 200 Knoxville, TN 37932-2667

AT&T Communications of Virginia, LLC MS. SALLY BRIAR REGULATORY AFFAIRS 342 STONECREST WAY

NASHVILLE, TN 37209-5246

Atlantech Online of Virginia, L.L.C. MR. ED FINERAN

1010 WAYNE AVE STE 630

SILVER SPRING, MD 20910-5620

APPENDIX A

ACN COMMUNICATION SERVICES VIRGINIA, L MR JERMEYSMUCKLER NORTH AMERICAN GENERAL COUNSEL 1000 PROGRESS PL NE

CONCORD, NC 28025-2449

AIRESPRING VIRGINIA LLC MS. CYNTHIA FIRSTMAN REGULATORY

7800 Woodley Ave VAN NUYS, CA 91406-1722

ALL POINTS CARRIER SERVICES, LLC Mr. James Carr Regulatory 908 Trailview Blvd SE Ste 170

Leesburg, VA 20175-4430

AMCS Networking Servies LLC THERESA GAUGLER CORPORATE COUNSEL 4250 FAIRFAX DR

ARLINGTON, VA22203-1665

AOC Connect, LLC MS. MICHELLE SILVIA STE 700 14030 THUNDERBOLT PL

CHANTILLY, VA 20151-3283

ATC Outdoor DAS, LLC Lauren M. Ramirez, Esquire 10 Presidential Way

Woburn, MA 01801-1053

ATX TELECOMMUNICATIONS SERVICES OF V Mr. Steve Bogdan Director

1018 W 9th Ave King of Prussia, PA 19406-1225

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