Florida Public Service Commission native order document 09919-2024

FILED 11/18/2024
DOCUMENT NO. 09919-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for expedited review of Somos,
Inc. 's denial of application for numbering
resources for the West Palm Beach rate center,
by MCimetro Access Transmission Services
LLC d/b/a Verizon Access Transmission
Services.
DOCKET NO. 20240152-TA
ORDER NO. PSC-2024-0474-PAA-TA
ISSUED: November 18 , 2024
NOTICE OF PROPOSED AGENCY ACTION
ORDER DIRECTING SOMOS, INC. TO PROVIDE MCIMETRO ACCESS TRANSMISSION
SERVICES LLC d/b/a VERIZON ACCESS TRANSMISSION SERVICES
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 and 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 September 27, 2024, MCimetro Access Transmission Services LLC d/b/a Verizon
Access Transmission Services (Verizon) filed a request for additional numbering resources from
the 	Number 	Pooling 	Administrator, 	Somos, 	Inc. 	(Somos), 	for 	the 	West 	Palm 	Beach
(WPALMBEACH) rate center. Verizon requested a one thousand block (Thousand Block) of
consecutive DID telephone numbers to meet the request of a 	specific customer for 400
consecutive DID telephone numbers in the 561 NPA. On September 27, 2024, Somos denied
Verizon' s request for additional numbering resources because Somos determined that Verizon
did not meet the Federal Communication Commission's (FCC) utilization criteria or the months-
to-exhaust (MTE) criteria, even though Verizon does not have the numbering resources to satisfy
its customer's request.
On November 1, 2024, Verizon filed a petition requesting that we overturn Somos'
decision. In its petition, Verizon asserts that at the time of the code request, the West Palm Beach
rate center had a months-to-exhaust (MTE) of 248.89 and utilization of 39.102%. Verizon
requests that we review Somos' decision because Somos' denial interferes with Verizon' s ability
to serve its customers in Florida and that we direct Somos to provide the requested numbering
resources to Verizon for the West Palm Beach 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).

ORDER NO. PSC-2024-0474-PAA-TA
DOCKET NO. 20240152-TA
PAGE 2
ANALYSIS
Somos denied Verizon additional numbering resources because Verizon 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 Verizon may have to obtain services from another carrier simply because Verizon cannot
meet the utilization or the months-to-exhaust rate center requirement. By Order No. DA 01-386,
the FCC stated:
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 Verizon’s petition as contemplated by 47 C.F.R. § 52.15(g)(4)(iv), we have
considered the information provided by Verizon, and, in accordance with Order No. PSC-2001-
1973-PCO-TL, 2 we find that Verizon has met the following criteria:
 	Verizon has demonstrated that it has customers in need of numbering
resources;
 	Verizon 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/her choice because Verizon does not have the numbers
available.
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-20 24 - 0474 -P AA -T A
DOCKET NO. 20240152-TA
PAGE 3
CONCLUS I ON
Fo r the above reasons, we find it appropriate to rever se S omos' d ec ision to deny
additional num ber ing reso urce s to Ver izo n, and direct Somo s, Inc. to provide Ve ri zon w ith
additional num ber ing reso urces for the Wes t Palm B eac h (W P ALMBEAC I-1 ) rate cen ter as soon
as po ss ible to m ee t its cu s tomers' needs.
Based on the foregoi ng, it is
ORDERED by the F lorida Pub li c Service Co mmi ss ion th at the Numbe r P oo ling
A dmin istrator, Somos, Inc. , sha ll provide MCimetro Access Transmi ssion Services LLC dba
Ver izo n Access Tra nsmission Services , with additiona l n umbe ring reso ur ces for the West Pa lm
Beach (W PALMB EAC H) rate cente r as soo n as p oss ible, as reflected in the body of t hi s Ord e r.
It is :further
ORDERED that the provisions of this Orde r, issued as prop osed age nc y action, sha ll
become fin al and effective upon iss uance of a Co ns umm at ing Or der un less an approp ri ate
petition , in the fo rm provided by Rule 28 -1 06.20 1, F lorida Admini stra ti ve Code , is receive d by
th e Office of Commission C lerk, 2540 S hum ard O ak Boul evard, Ta llahassee, F lo ri da 32399 -
0850 , by the cl ose of busin ess on the d at e set forth in the No ti ce of Further Proceedin gs attached
hereto . It is further
JLA
ORDERED tha t in the eve nt this Order becom es final , th is docket sha ll be closed.
By ORDER of the Florida Public Serv ice Co mmi ss ion th is 18th day of Nove mb er, 2024.
ADAM J.
Florida Pub li c Service Com miss ion
2 540 S hum ard Oak Bou levard
Ta ll ah assee , Florida 32399
(850) 41 3-6770
www.flor idapsc.com
Co pies furni shed: 	A copy of this docu me nt is
provided to the parti es of r eco rd at the time of
issuance and , if ap plicab le, interes ted persons.

ORDER NO. PSC-2024-0474-PAA-TA
DOCKET NO. 20240152-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 December 9, 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.