Florida Public Service Commission native order document 01259-2024

FILED 3/21/2024
DOCUMENT NO. 01259-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for expedited review of NXX-X
code denial by North American Numbering
Plan Administration for Tampacen rate center,
by Tele ort Communications America, LLC.
DOCKET NO. 20240042-TA
ORDER NO. PSC-2024-0074-PAA-TA
ISSUED: March 21, 2024
NOTICE OF PROPOSED AGENCY ACTION
ORDER DIRECTING SOMOS, INC. TO PROVIDE TELEPORT COMMUNICATIONS
AMERICA, LLC WITH ADDITIONAL NUMBERING RESOURCES
BY THE COMMISSION:
NOTICE is hereby given by the Florida Public Service Commission that the action
discussed herein is preliminary in nature a nd will become final unless a person whose interests
are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029,
Florida Administrative Code (F.A.C.).
BACKGROUND
On February 28, 2024, Teleport Communications America, LLC (TCAL) filed a request
for additional numbering resources from the Number Pooling Administrator, Somos, Inc.
(Somos), for the TAMPACEN (TAMPFLXAXJZ) rate center. TCAL requested 1 block to meet
the request of a specific customer for 440 consecutive numbers in the format of 813-XXX-
6XXX. On February 28, 2024, TCAL's request for additional numbering resources was denied
because it did not meet the utilization criteria.
On Monday, March 4, 2024, TCAL filed a petition requesting that the Commission
overturn Somos' decision. In its petition, TCAL asserts that at the time of the code request, the
TAMPACEN rate center had a months-to-exhaust (MTE) of 93.408 and utilization of 75.299%.
TCAL requests that we review Somos' decision and direct Somos to provide the requested
numbering resources for the TAMP ACEN rate center.
We are vested with jurisdiction pursuant to Sections 364.16(7), Florida Statutes (F.S.),
and 47 C.F.R § 52.15(g)(4)(iv).
ANALYSIS
Somos denied TCAL additional numbering resources because TCAL had not met the
applicable utilization and/or MTE requirements. 	However, denial of additional numbering
resources poses a possible barrier to competition. In this instance, a customer desiring service
from TCAL may have to obtain services from another carrier simply because TCAL cannot meet
the utilization or months-to-exhaust rate center requirement. The FCC has stated:

ORDER NO. PSC-2024-0074-PAA-TA
DOCKET NO. 20240042-TA
PAGE 2
Under 	no 	circumstances 	should 	consumers 	be 	precluded 	from 	receiving
telecommunication services of their choice from providers of their choice for
want of numbering resources. 1
A procedure is available to carriers who are denied additional numbering resources to
challenge such a decision by Somos. Addressing additional numbering resources denials, 47
C.F.R § 52.15(g)(4)(iv) states, in part:
The carrier may challenge [Somos’] decision to the appropriate state regulatory
commission. The state commission may affirm, or may overturn, [Somos’]
decision 	to 	withhold 	numbering 	resources 	from 	the 	carrier 	based 	on 	its
determination that the carrier has complied with the reporting and numbering
resource application requirements herein.
In reviewing TCAL’s petition as contemplated by 47 C.F.R. § 52.15(g)(4)(iv), we have
considered the information provided by TCAL and, in accordance with Order No. PSC-2001-
1973-PCO-TL2 , we find that TCAL has met the following criteria:
TCAL has demonstrated that it has customers in need of numbering resources;
TCAL has shown that it will be unable to provide services to these potential
customers because of Somos’ denial of the numbering resources; and
A potential customer(s) will not be able to obtain service from the provider of his
or her own choice because TCAL does not have the numbers available.
CONCLUSION
For the above reasons, we find it appropriate to reverse Somos’ decision to deny
additional numbering resources to TCAL, and direct Somos to provide TCAL with additional
numbering resources for the TAMPACEN (TAMPFLXAXJZ) rate center as soon as possible to
meet its customers’ needs.
Based on the foregoing, it is
ORDERED 	by 	the 	Florida 	Public 	Service 	Commission 	that 	the 	Number 	Pooling
Administrator (Somos, Inc.) shall provide Teleport Communications America, LLC, with
additional numbering resources for the TAMPACEN rate center, TAMPFLXAXJZ switch as
soon possible as reflected in the body of this Order. It is further
1 DA 01-386, CC Docket No. 99-200, CC Docket No. 96-98, In the Matter of Numbering Resource Optimization,
Implementation of the Local Competition Provisions of the Telecommunications Act of 1996 (February 14, 2001),
at Paragraph 11.
2 Order No. PSC-2001-1973-PCO-TL, issued on October 4, 2001, in Docket No. 20010782-TL, In Re: Petition for
generic proceedings to establish expedited process for reviewing North American Numbering Plan Administration
(NANPA) future denials of applications for use of additional NXX Codes by BellSouth Telecommunications, Inc.

ORDER NO. PSC-2024-0074-PAA-TA
DOCKET NO. 20240042-TA
PAGE3
ORDERED that the provisions of this Order, issued as proposed agency action, shall
become final and effective upon the issuance of a Consummating Order unless an appropriate
petition, in the form provided by Rule 28-106.201 , Florida Administrative Code, is received by
the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the
close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. 	It
is further
SF
ORDERED that in the event this Order becomes final, this docket shall be closed.
By ORDER of the Florida Public Service Commission this 21st day of March, 2024.
Commission
Florida Public 	ervice Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: 	A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.

ORDER NO. PSC-2024-0074-PAA-TA
DOCKET NO. 20240042-TA
PAGE 4
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing that is available under Section 120.57,
Florida Statutes, as well as the procedures and time limits that apply. This notice should not be
construed to mean all requests for an administrative hearing will be granted or result in the relief
sought.
Mediation may be available on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
The action proposed herein is preliminary in nature. Any person whose substantial
interests are affected by the action proposed by this order may file a petition for a formal
proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. 	This
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850, by the close of business on April 11, 2024.
In the absence of such a petition, this order shall become final and effective upon the
issuance of a Consummating Order.
Any objection or protest filed in this/these docket(s) before the issuance date of this order
is considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.