Florida Public Service Commission native order document 08566-2024

FILED 8/21/2024
DOCUMENT NO. 08566-2024
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 Daytona Beach rate center, by
MCimetro Access Transmission Services LLC
d/b/a Verizon Access Transmission Services.
DOCKET NO. 20240109-TA
ORDER NO. PSC-2024-0371-PAA-TA
ISSUED: August 21, 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 (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 July 16 , 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 Dayton Beach rate center switch.
Verizon requested one block to meet their customer's request for 400 consecutive numbers in the
386 NPA. On July 16, 2024, Somos denied Verizon' s request for additional numbering resources
because 	Somos 	determined 	that 	Verizon 	did 	not 	meet 	the 	Federal 	Communications
Commission's (FCC) utilization criteria.
On Tuesday, July 30, 2024, Verizon filed a petition requesting we overturn Somo s'
decision. In its petition, Verizon asserts that at the time of the code request, the Daytona Beach
rate center had a months-to-exhaust (MTE) of 12 .863 and a utilization of 8.00%. Verizon
requests that we review Somos' decision and direct Somos to provide the requested numbering
resources for the Daytona 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-2024-0371-PAA-TA
DOCKET NO. 20240109-TA
PAGE 2
ANALYSIS
Somos denied Verizon additional numbering resources because Verizon had not met the
applicable utilization and/or MTE criteria. 	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 months-to-exhaust rate center requirement. The FCC stated:
Under 	no 	circumstances 	should 	consumers 	be 	precluded 	from 	receiving
telecommunications 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 	that 	decision. 	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 regulatory commission may affirm, or may overturn, the
[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 which lays forth our criteria for reversing code denials, we find that the
Company has met the following criteria:
Verizon has demonstrated that it has customer(s) in need of numbering resources;
Verizon has shown that it is 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 choice because Verizon does not have the numbers available.
CONCLUSION
Based on the foregoing, we find it appropriate to reverse Somos’ decision to deny
additional numbering resources to Verizon, and direct Somos to provide Verizon with additional
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-2024-0371-PAA-TA
DOCKET NO. 20240109-TA
PAGE 3
numbering resources for the Daytona Beach rate center switch as soon as possible to meet its
customer's needs.
Based on the foregoing, it is
ORDERED 	by 	the 	Florida 	Public 	Service 	Commission 	that 	the 	Number 	Pooling
Administrator (Somos, Inc.) shall provide MCimetro Access Transmission Services LLC d/b/a
Verizon Access Transmission Services with additional numbering resources for the Daytona
Beach rate center switch as soon as possible, as reflected in the body of this Order. 1t is further
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 28-106.20 I, Florida Administrative Code, is received by
the Office of 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 ftn1her
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 August. 2024.
SF
Commission Cl rk
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-2024-0371-PAA-TA
DOCKET NO. 20240109-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 September 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.