BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION IN THE MATTER OF THE INVESTIGATION INTO THE ISSUE OF NUMBERING RESOURCES ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. UT-991627 COMMISSION ORDER APPORTIONING COSTS OF POOLING ADMINISTRATOR IN AREA CODE 509 I. BACKGROUND 1 This matter arises from the need to implement number conservation in eastern Washington, resulting from the decreasing available NXX three-number dialing codes, also called number “prefixes,” that has been caused by the growth of competitive local exchange and wireless companies and services such as paging devices. 2 On November 20, 2000, the Commission designated Telcordia Technologies as the state's interim number pooling administrator and requested that North American Pooling Portability Management, LLC, enter into a contract with Telcordia for interim pooling services. 3 On November 30, 2000, the Commission directed all telecommunication companies with prefixes in rate centers serving the Spokane metropolitan statistical area and with switches capable of local number portability to implement a thousand-number block pooling trial by July 8, 2001. 4 The Commission issued a request for comment regarding cost allocation of the pooling administrator in area code 509 on January 25, 2001, asking for comments by February 28, 2001. All affected carriers and interested persons were notified and the Commission received comments from five large telecommunications carriers: AT&T, Qwest Corporation, Sprint, Verizon, and WorldCom. 5 Each of the commenting carriers recommended the Commission adopt the allocation mechanism that is used to allocate local number portability (LNP) costs. This method allocates costs among those telecommunications carriers capable of local number portability based on the revenues of the LNP-capable carriers. See 47 CFR § 52.32. 6 The Commission agrees that this method is competitively neutral and would be simple to apply, since it relies on an allocation method already used for the shared costs of long-term number portability. While an allocation method that reflects the benefits to non-LNP carriers of number pooling would arguably be more equitable, the shared costs of interim number pooling are not large enough to justify the effort that would be required to develop and implement such a method. The Commission notes that all of the commenters advocating the LNP method are themselves LNP-capable carriers. II. FINDINGS OF FACT 7 The Commission is an agency of the State of Washington with jurisdiction over the provision of telecommunications services within the state of Washington. 8 The Commission has previously designated Telcordia Technologies as Washington’ s interim number pooling administrator and requested comments on how Telcordia's costs should be apportioned among telecommunications carriers. 9 Apportionment of pooling administrator costs by intrastate revenue among all LNP-capable telecommunications carriers in the 509 area code is a fair and well defined mechanism that is understood by the industry. III. CONCLUSIONS OF LAW 10 The Commission has jurisdiction over the funding of number conservation plans by virtue of the Telecommunications Act of 1996, Section 251(e)(1); 47 CFR § 52.19(a); and RCW 80.36.610. 11 The Commission should accept and approve the revenue based allocation mechanism used for local number portability to allocate costs of the pooling administrator in eastern Washington’s area code 509. 12 This matter was brought before the Commission at its regularly scheduled open Meeting on May 9, 2001. The Commissioners, having been fully advised in the matter, and having determined the following order to be consistent with the public interest, enter the following order and related provisions. IV. ORDER 13 The Commission directs telecommunications companies in the state of Washington, acting through North American Pooling Portability Management, LLC, to pay the costs of the pooling administrator in area code 509 based on intrastate revenues, as used by the companies to allocate local number portability costs. 14 The Commission retains jurisdiction over this matter to issue such future orders and take such future action as may be appropriate. DATED at Olympia, Washington and effective this 9th day of May, 2001. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman RICHARD HEMSTAD, Commissioner