APSC FILED Time: 5/27/2011 11:03:30 AM: Recvd 5/27/2011 10:54:24 AM: Docket 11-055-U-Doc. 1
Arkansas Public Service Commission
Docket Summary Cover Sheet
(For all dockets other than Rate Cases, "TD", "C" and "TF" Dockets
Must be filed with each new docket filed at the Commission
I
STYLE OF DOCKET: (Style may be changed by Secretary of Commission) Docket Number:
IN THE MATTER OF THE APPLICATION OF WINDSTREAM
COMMUNICATIONS, INC. FOR REVIEW AND REVERSAL OF THE
DECISION OF NEUSTAR, INC. AS THE POOLING
ADMMISTRATOR TO WITHHOLD NUMBERING RESOURCES
DOCKET DESIGNATOR:
U
A
R
1
P
Nature of Action: (See second sheet)
[
PETITIONER/lNITIATING PARTY*
Windstream Communications, Inc.
ATTORNEYS' NAME, ADDRESS, PHONE, FAX AND E-MAIL
I Kimberly K. Bennett
4001 Rodney Parham Road
Little Rock, AR 72212
501-748-6374
501-748-5589
[email protected]
I
I
I
I
*If thc. initiating pnrty_isnn a iurisdictional ut~llryd r k a n s a s . ~leasc.u m v ~ d crnailinr addr-s, phoneLfax m d e m a i l for the c
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m
Pursuant to Rule 2.03(b) of the Commission's Rules of Practice and Procedure, please provide name, address,
phone, fax, e-mail of at least one, but not more than two names to appear on the Service List for this docket
Kimberly K. Bennett - same as above
Write a brief statement, limited to the space provided herein describing the case that you are filing.
Please provide enough information to assur; that the nature of your docket is clear. Windstream Communications, Inc.("WCI") is filing this Application and Motion for Expedited Decision requesting the
Commission to issue an expedited order reversing the recent decision of NeuStar, Inc. acting as the Pooling
Administrator to withhold certain numbering resources from WCI needed by the company to continue to provide
reliable and adequate service to customers.
I
I
Form completed by: J.T. Meister
Date: 512711 1
Representing: Windstream Communications. Inc.
APSC FILED Time: 5/27/2011 11:03:30 AM: Recvd 5/27/2011 10:54:24 AM: Docket 11-055-U-Doc. 1
NATURE OF ACTION: Please choose at least one, but no more than three docket types
U Interconnection Agreements
JhterestiCustomer Deposit
Investigation/Inquiry
APSC FILED Time: 5/27/2011 11:03:30 AM: Recvd 5/27/2011 10:54:24 AM: Docket 11-055-U-Doc. 1
BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION
IN THE MATTER OF THE APPLICATION OF
WINDSTREAM COMMUNICATIONS, INC. FOR
REVIEW AND REVERSAL OF THE DECISION
OF NEUSTAR, INC. AS THE POOLING
ADMINISTRATOR TO WITHHOLD
NUMBERING RESOURCES
)
) DOCKET NO.
)
)
1
APPLICATION AND MOTION FOR EXPEDITED DECISION
Windstream Communications, Inc. ("WCI") files this Application and Motion for
Expedited Decision, pursuant to APSC Rules of Practice and Procedure 2.1 1 and 4.01 and to 47
C.F.R.
5 52.15 (g)(3)(iv), and respectfully requests the Commission to issue an expedited order
reversing the recent decision of NeuStar, Inc. ("NeuStar") acting as the Pooling Administrator
("PA") to withhold certain numbering resources from WCI needed by the company to meet the
specific request of a customer. In support of its Application and Motion for Expedited Decision,
WCI states as follows:
1.
WCI is a competitive local exchange carrier ("CLEC") authorized to provide
telecommunications services in designated service territories in the State of Arkansas.
2.
NeuStar is the corporation authorized by the Federal Communications
Commission ("FCC") to perform the functions of the national PA.
3.
All correspondence, pleadings, orders, decisions and communications regarding
this docket should be sent to:
Kimberly K. Bennett, AR BIN 95 185
Director - Regulatory Counsel
Windstream Communications
4001 Rodney Parham Road
Mailstop: 1 170 - BlF03-53A
Little Rock, AR 722 12
4.
Windstream's customer is requesting 200 consecutive phone numbers.
The
customer states that with ". ..over 100 employees each with dedicated extensions and consecutive
numbers will allow us to maintain a numbering system that is workable.. .."
1
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5.
Given the need described above, on May 25, 2010, WCI submitted a request for
an thousands block to NeuStar acting as the PA. (A copy of WCI's application is attached hereto
and incorporated by reference herein.
It also includes a copy of the customer letter to
Windstream detailing their request.)
6.
NeuStar subsequently denied WCI's request on the grounds that it failed to meet
the FCC's months to exhaust requirement. (Copies of both NeuStar's denial and WCI's current
utilization of numbering resources are attached hereto and incorporated by reference herein.) As
a result of NeuStar's denial, WCI has been unable to fulfill the number request of its customer
7.
Under existing procedures, NeuStar, as the PA, is required to accept or reject an
application for numbering resources based solely on FCC criteria. However, 47 C.F.R. § 52.15
(g)(3)(iv) makes clear that a canier may challenge a numbering resource denial by the PA before
the appropriate state regulatory commission and that the state commission has jurisdiction to
affirm or overturn the PA's decision to withhold numbering resources. Moreover, the FCC has
determined that state commissions, like the Arkansas Public Service Commission
("Commission"), may overturn the PA's decisions to withhold numbering resources from a
carrier where there is a verifiable need for the carrier to satisfy a specific customer request:
We also agree with WinStar that a carrier should be able to get additional
numbering resources when there is a verifiable need due to the carrier's inability
to satisfy a specific customer request. We therefore clarify that states may also
grant relief if a carrier demonstrates that it has received a customer request for
numbering resources in a given rate center that it cannot meet with its current
inventory.
'
8.
WCI has demonstrated a verifiable need. WCI cannot satisfy this request from its
current inventory or in any other manner.
'
Third Report and Order and Second Order on Reconsideration in CC Docket No. 96-98 and CC Docket No.
99-200, In the Matter of Numbering Resource Optimization, Implementation of the Local Competition
Provisions of the Telecommunications Act of 1996, and the Telephone Number Portability, FCC 01-362, (rel.
December 28,2001), 764.
2
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9.
WCI seeks the Commission's reversal of NeuStar's decision acting as PA and
requests the Commission to direct NeuStar to assign WCI a thousands - block. The FCC permits
such direction in order to meet specific customer demands and specifically grants state
commissions "flexibility to direct the NANPA or pooling Administrator to assign additional
numbering resources to carriers that have demonstrated a verifiable need for additional
numbering resources outside of these specifically enumerated
10.
instance^."^
WCI respectfully requests that the Commission act upon this Application withn
ten (10) business days. The FCC has recognized the importance of timely action:
[W]e recognize that in many instances, the failure to address a request for
additional numbering resources can impair a carrier's ability to stay in or expand
business. We therefore direct states to act on carrier requests for a safety valve as
expeditiously as possible. Although we do not establish a specific time limit for
states to act on these requests, we believe that, in most instances, 10 business days
&om receipt of a request that the state determines to be sufficiently detailed and
complete will be sufficient time to review and act upon safety valve requests.3
11.
Granting WCI's Application will not adversely affect the numbering resources
available for use by carriers throughout the state in providing telecommunications services to
their customers. Granting WCI's request is in the public interest and consistent with the FCC's
rules and decisions.
WHEREFORE, WCI respectfully requests that the Commission overturn and reverse
NeuStar's previous determination as the PA; direct NeuStar to grant WCI's application regarding
its request to obtain a single thousands-number block to fulfill its customer's needs; act within
ten (10) business days as suggested by the FCC or as soon thereafter as is possible; instruct
NeuStar acting as PA to release the numbering resources as specified herein; and grant all other
proper relief to which WCI may be entitled.
Respectfully submitted,
1d. at 7/61.
Id. at 766.
APSC FILED Time: 5/27/2011 11:03:30 AM: Recvd 5/27/2011 10:54:24 AM: Docket 11-055-U-Doc. 1
Windstream Communications, Inc.
By:
400 1 Rodney Parharn Road
Mailstop: 1170 - BlF03-53A
Little Rock, AR 722 12
Telephone: (501) 748-6374
Attorney for Windstream
APSC FILED Time: 5/27/2011 11:03:30 AM: Recvd 5/27/2011 10:54:24 AM: Docket 11-055-U-Doc. 1
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APSC FILED Time: 5/27/2011 11:03:30 AM: Recvd 5/27/2011 10:54:24 AM: Docket 11-055-U-Doc. 1
Page 1 of 2
November 21.2003
ATIS-0300066.at3
Attachment 3
Poofing Administrator's ResponsefConfirmation
TBPAG Part 3
Tracking Number :
501-LITTLEROCKAR-446521
Date of Application:
Date of Receipt:
05/25/2011
0512512011
Sewice Provider Name:
WINDSTREAM COMMUNICATIONS, INC. AR
(Telcordia TM LERG TM
Routing Guide ) OCN:
7656
Effective Date:
Date of Response:
0512512011
-
NPAC SOA SPlD :
Pooling Administrator Contact Information:
Phone:
Genevieve Bettiga
Signature of Pooling Administrator
Genevieve Bettiga
Fax:
Name (print)
genevieve. bettigaaneustar. biz
NPA-NXX or NPANXX-X :
-
Block Assigned:
Block Resewed :
Block Reservation
Expiration Date :
BlocWCode Modified :
BlocWCode
Disconnected :
Block Contaminated(Yes or No) :
If Yes,enter the number of TNs contaminated :
Switch Identification(SwitchEntity/POi):
Rate Center:
Rate Center Sub Zone:
LTRKARlYDSO
LITTLEROCK
X Form Complete, request denied.
Explanation:
OR-57: You do not meet the MTE andlor Utilization requirements, therefore this
request for a new block is denied. You may proceed with requesting a State
Waiver from the appropriate state commission using this Part 3 denial. lf you
are in disagreement with the disposition of this request, please refer to the
Thousands-Block Number (NXX-X) Pooling Administration Guidelines for the
appeals process.
-Request withdrawn.
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Page 2 of 2
Explanation:
-Assignment
activity suspended by the administrator.
Explanation:
Remarks:
This is an eleven-character descriptor provided by the owning entity for the purpose of
routing calls.This must be the CLLl TM Location Identificationcode of the switching
entityIPOI shown on the Part 1A form (Telcordia,LERG ROUTING Guide and CLLl are
trademarks of Telcordia Technologies,lnc.)
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TBPAG Attachment I
- March
Thousands-Block Application Form - Part I A
Individual Block
Reauesl
Type of
F New
Application:
t
Change
r
Disconnect
GENERAL-APPpLICATIONINF-ORMATION
1.1 Contact Information:
B_l.ockApplicant:
Company
Name:
Address:
Ciry?State'
Zip:
Contact
Name:
Contact
Address:
WlNDSTRE&l, COMMUNICATfON,S,INC.
- AR
g
O
j Rodnav Parham-Rd
Little Rock. AR. 72212
Paula Huste3.d.
10005 Monroe Rd,.?BlFOI
Phone: 704- FAX: E-mail: paula.huste~d,@!windstream.c~
845-7489
Pooling Administrator: "
Contact
Genevieve
.
Bettina
Name:
Contact
1800 SutterB
Address:
City,State,Zip: Co.nco~LCA.945.B
Phone:
92-5463-7652
FAX: .-925-363-7683
E-mail: [email protected]
1.2 General Information:
Check one :No LRN needed --
15
LRN needed iii_
__,-
19,2007
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Page 2 of 4
NPA:- -.S.O-l-_
'"
OCN:
P a m t Company's OCN G118
7656
Nurnbtr of Thousands-Blocks Requested :
I
LATA:
528
Switching Identification(Switch Entity/POI) : "
LTRKARIY DSO-_City or Wire Center Name :
Rate Center Sub Zone:
Rate Center: V i
LITTLEROCK_
1.3 Dates:
Date of Application: Vii 05/25/2011
..
Requested Block Effective Date: Viii
06/25/2011
f By selecting this checkbox, I acknowledge that I am requesting the earliest possible
effective date the Administrator can grant. Please note that this only applies to a reduction in the
Administrator's processing time, however the request will still be processed in the order
received.
Request Expedited Treatment? (See Section 8.6) Yes
_No
1.4 Type of Service Provider Requesting the Thousands-Block :
a) Type of Service Provider :., CAP OR CLEC
(LEC, IXC, CMRS, Other)
b) Primary type of service Blocks to be used for :-.-- Wireline
c) Thousands-Block(s) (NXX-X) assignment Preference (Optional)
d) Thousands-Block(s) (NXX-X) that are undesirable for this assignment , if any
e) If requesting a code for LRN purposes, indicate which block(s) you will be keeping(the
remainder of the blocks will be given to the pool)
1.5 Type of Request:
lnitial block for rate center : Yes
If Yes , attach evidence of authorization and proof of
capability to provide service within 60 days.
Growth block for rate ccnter : Yes
X
If Yes , attach months to exhaust worksheet
By selecting this checkbox, I acknowledge that I am willing to accept a block in red and
explicitly understand that the underlying CO code may not yet be activated in the PSTN and
loaded in the NPAC on the block effective date.
Type of change(Mark a,lJ that apply)
0CN:Intra-company
'r Switching Id f-
Part 1B
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Page 3 of 4
0CN:Inter-company
Change block : Yes
r
Effective Date
If Yes , list NPA-NXX-X
1.6 Block Return :
a) Is this bIock Contaminated Yes
No
b) if Yes how many TNs are NOT available for assignment :
c) Have all new Intra SP ports been cotnpleted in the NPAC Yes
d) Has this block been protected from further assignment Yes
Disconnect block : Yes
No No
If Yes, list NPA-NXX-X
Remarks: Customer requesting 200 consecutive numbers and Windstream does not have
200 consecutive in inventory
1 hereby certify that the above information requesting an NXX-X block is true and accurate to
the best of my knowledge and that this application has been prepared in accordance with the
Thousands-Block (NXX-X) Pooling Administration Guidelines(AT1S-0300066) available on
the ATIS web site (http://www.atis.org/'inc) or by contacting [email protected] as of the date of this
application.
Paula Hustead
Signature of Block Applicant
CODE
05/25/2011
ADMINISTR4TION
Title
Date
Instructions for fiUinp out each Section of the Part-1A form:
Section I . 1 Contact information requires that Service Providers supply under "Block
Applicant" the company name, company headquarters address, a contact within the company,
an address where the contact person may be reached, in addition to the correct phone, fax, and
e-mail address. The Pooling Administrator section also requires the Service Provider to fill in
the Pooling Administrator s name, address, phone, fax and e-mail.
Section 1.2 Service Providers who nccd a thousands-block assignment or for an Location
Routing Number (LRN) are required to fill in this section. If needed for an LRN, a CO Code
Application needs to also be submitted to the PA. The Service Provider should supply the
Numbering Plan Area (NPA); the Local Access Transport Area (LATA), which is a three-digit
number that can be found in the ?.elcordiaTML E R G ' Routing
~~
Guide. The Operating
Company Number (OCN) assigned to the servicc provider and the OCN its parent company. An
OCN is a four-character alphanumeric assigned by ~ e l c o r d i Routing
a ~ ~ Administration (TRA).
In addition, the number of thousands-blocks requested should be supplied. The Switch
Identification as well as the city or wire center name, rate center, rate center sub zone, homing
tandem and C L L I tandem
~ ~ of the facilities based provider xi. Explanations of these terms may
be found in the tbotnotes.
Part 1A
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Section 1.3 The date the Service Provider completes the application should be entered in this
section, as well as the Effective Date of the requested thousands-block.
Section 1.4 Service Providers should indicate their type, e.g., local exchange carrier,
competitive local exchange carrier, interexchange carrier, CMRS. The also indicate the primary
type of business in which the numbering resource is to be used. Service Providers also may
indicate their preference for a particular thousands-block, e.g., 321- 9 W , or indicate any
thousands-blocks that may be undesirable, e.g., 321 - 6 a Y .
Section 1.5 Service Providers indicate the type of request. Initial requests are for first
applications for thousands-blocks in a rate center, growth for additionat thousands-blocks in a
rate center in which the applicant already has numbering resources, and provide the requircd
evidence as ordered by the FCC.
Section 1.6 Service Providers must indicate the updated/current information in regards to
contaminated TNs on the block they are returning to the p o i . Blocks with over 10%
contamination (1 01 TNs or more) shall not be returned to the pool unless they meet criteria
outlined in section 9. I .2 of these Guidelines. If the block being returned is over 10%
contaminated the PA shall seek a new block holder. If question c and/or d have a response of
No, the request for return shall be denied. The thousands-block applicant certifies veracity of
this form by signing their name, and providing their title and date.
Foot Notes
---.
-:
Identify the type of change(s) in Section 1.5.
The Pool Administrator is available to assist in completing these forms.
...
'l' A CO Code application will also need to be submitted to the PA.
Operating Company Number (OCN) assignments must uniquely identify the applicant.
Relative to CO Code assignnlents, NECA-assigned Company Codes may be used as OCNs.
Companies with no prior CO Code or Company Code assignments should contact NECA (800
524-1020) to be assigned a Company Code(s). Since tnultiple OCNs andlor Company Codes
may be associated with a given company, companies with prior assignments should direct
questions regarding appropriate OCW usage to (TRA) (732-699-6700).
lV
" This is an eleven-character descriptor of the switch provided by the owning entity for the
purpose of routing calls. This is the 1 1 character C L L I code
~ ~ of the switch /POI.
'' Rate Center name must be a tariffed Rate Center.
Vii Acknowledgment and indication of disposition of this application will be provided to
applicant within seven calendar days from the date of receipt of this application. An incomplete
form may result in delays in processing this request.
.. ,
Please ensure that the NPA-NXX of the LRN to be associated with this block(s) idwill be
active in the network prior to the effective date of the block(s).
"I"
'" Select if you are the current Block Holder,
" Select if you are
the current Block Holder
"' Telcordia, LERC Routing Guide, and CLLl are trademarks of Teicordia Technologies, Inc.
MTE Block
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May 16,2008
Appendix 3
MONTHS TO EXHAUST and UTILIZATION CERTIFICATION WORK SHEET - TN ~ e v e l '
(Thousands-Block Number Pooling Growth Block Request)
Tracking Number: 501-LITTLEROCK-AR-446521
Company Name: WINDSTREAM
Date: 05/25/201 I
0CN:m
COMMUNICATIONS, INC. AR
-
Rate Center: LJTT-LEROCK
List all Codes NPA(s)-NXX(s) and Blocks NPA(s)-NXX-X(s):5ftlT2?_iqk5~lz3_?..@-501-364;
501407-4.5; 501-410-1; 501-447: 501-526: 501-537: 501-552~501&32: 501-7423; 501-850-0; 501905: 501-906: 501-907; 501-9 16-3,5.6,8; 501-975; 501-978
Name of Block Applicant:.Pa&-H-ustgad
Tit1e:CODE ADMlNISTRATION
No.:
Signature: Paula Bustead
Telephone No.: 704-845-7489
FAX
E-mail: paula.hustead@,~indstream.cc~m
A. Available Numbers:.llS33
B. Assigned Numbers: 102180
C. Total Numbering Resources:148000
D. Quantity of numbers activated in the past 90 days (increments of 1,000 or 10,000) and excluded
from the Utilization calculation *:0
List
Excluded
Code(s) or
Block(s):
Month Month Month Month Month Month Month Month Month Month Month Month
#I
#2
#3
#4
#5
#6
#7
#8
#9
#10 # I 1
#12
E. Growth
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MTE Block
History Previous 6
months3
164
F. Forecast
-Next12
tnon ths4
521 332
5
,3
405
-6
P8
354
372
390
/I0
4%
JS2
4.75
4%
523
549
G . Average Monthly Forecast (Sum of months 1-6 (Part F above) divided by 6):397,1333
H. Months
Numbers Available fotessignment to
to ~ x h a u s t ~
CustomersLA)
Average Monthly Forecast(G)
Block Req.ue>M
1
1.
Available
----. Numbers
4 1833
Months To Exhaust
105.284
-
6 Assigned Numbe_r_slB)- Excluded Nu-mb.3~.X 100 =
Utilization
-
[?2)
69.041
-- ..
Total Numbering Resourccs(C)-Excluded
Nurnbers(D)
Explanation:
-...
L~ copy of this worksheet is required to be submitted to the Pooling Administrator when requesting
additional numbering resources in a rate center. For auditing purposes, the applicant must retain a
copy of this document.
* ~ u a n t iof
t ~numbers activated in the past 90 days is based on blocks and/or codes received from
the administrator and shall be reported in increments of 1,000 or 10,000 TNs (e. g.: 2 blocks
received=2,000 and I code received =;I 0,000).
3 ~ echange
t
in TNs no longer available for assignment in each previous month, starting with the
most distant month as Month #I, and Month #6 as the current month.
4~orecastof TNs needed in each following month, starting with the most recent month as Month #I.
be assigned an additional thousands-block (NXX-X) for growth, "Months to Exhaust" must be
less than or qua1 to 6 months. (FCC 00-104, section 52.15 (g) (3) (iii)).
%ewly acquired numbers may be excluded h m the Utilization calculation (FCC 001 04, section
52.15 (g)(3)(ii))
MTE Block
3 of 3 1
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