Order No. PSC-2024-0074-PAA-TA•Florida Public Service Commission native order document 01259-2024
Florida Public Service Commission native order document 01259-2024
Order No. PSC-2024-0074-PAA-TAFlapubserv
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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.
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