FCC Record, Volume 15, No. 3, Pages 1205 to 1858, Supplement Page: 1,277
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Federal-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i Comu i ai on Isi IIn D 99-263
relief and established a relief date, and the industry has been unable to reach consensus on a
rationing plan.56 As determined in the Pennsylvania Numbering Order, however, the rationing of
NXX codes should only occur when it is clear that an NPA will run out of NXX codes before
implementation of a relief plan.5 Further, state commissions may not use rationing as a
substitute for area code relief.5 In prior orders, the Commission has declined to grant state
commissions authority to adopt NXX code rationing procedures prior to adopting an area code
relief plan, except in the most extreme circumstances.59 To the extent that Ohio is requesting
authority to adopt rationing measurers prior to having decided on a specific plan for area code
relief, absent a demonstration of such extreme circumstances, we decline to grant this aspect of
Ohio's petition. We believe that the authority we are herein granting to the Ohio Commission
will provide it with the tools it needs to address the underlying behaviors contributing to
inefficiencies in number use in Ohio.
26. On our own motion, however, we grant the Ohio Commission the authority to
address extraordinary need for numbering resources in an NPA subject to a rationing plan. We
conclude that such delegation will provide the Ohio Commission with sufficient authority to
assure that customers in Ohio retain their choice of service providers in the face of an NXX code
rationing scheme. In order to address such situations, if requested, the Ohio Commission may
hear and address claims of carriers that do not, or in the near future will not, have any line
numbers remaining in their NXX codes, and will be unable to serve customers if they cannot
obtain an NXX code, or that they are using or will have to use extraordinary and unreasonably
costly measures to provide service.6 This grant of authority further empowers the Ohio
Commission to direct the NANPA to assign an NXX code to a carrier outside the rationing plan
currently in place in an area code, upon the Ohio Commission's determination that such relief is
necessary. We also grant the Ohio Commission the authority to request whatever information it
deems necessary to evaluate a carrier's request for additional numbering resources. This
information may include the carrier's business plan, requests for new service that the carrier has
denied because of its lack of numbering resources, historical information on the carrier's growth
rate, and information on any extraordinary steps the carrier is taking to provide service.61
Further, while we delegate to the Ohio Commission the authority to request and evaluate this
information, we request that it not release such information to any entity other than the NANPA,
the Commission, or the Common Carrier Bureau. This grant of authority empowers the Ohio
6 See Pennsylvania Numbering Order at 19026, 25
57 Pennsylvania Numbering Order at 19025, 1 24.
58 Pennsylvania Numbering Order at 19027, 1 26.
59 See Massachusetts Delegation Order at 1 41; Florida Delegation Order at 1 40; New York Delegation Order
at 132; but see California Delegation Order at PI 38-41 (noting that unique circumstances exist in California
which require public participation in the area code relief planning process at least 30 months prior to the
submission of a recommended relief plan to the California Commission).
60 Pennsylvania Numbering Order at 19039, 1 49.
61 See id.
]Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 15, No. 3, Pages 1205 to 1858, Supplement, book, 2000; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc2992/m1/90/: accessed September 25, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.