Florida Public Service Commission native order document 03068-2023

FILED 5/3/2023
DOCUMENT NO. 03068-2023
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 Clermont rate center,
by Tele ort Communications America, LLC.
DOCKET NO. 20230052-TA
ORDER NO. PSC-2023-0152-PAA-TA
ISSUED: May 3, 2023
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 March 21, 	2023, Teleport Communications America, LLC 	("Teleport" or "the
Company") filed a request for additional numbering resources from the Number Pooling
Administrator, Somos, Inc. ("Somos"), for the Clermont rate center, OCALFLXAX4Z switch.
Teleport requested three blocks to meet the request of a specific customer for 3,000 consecutive
numbers in the format of 352-xxx-6, 352-xxx-7, 352-xxx-8. On March 21, 2023, Somos denied
Teleport 's request for additional numbering resources because Somos determined that Teleport
did not meet the Federal Co mmunications Commission 's (FCC) utilization criteria.
On April 13, 2023, pursuant to 47 C.F.R. §52. 15(g)(4)(iv), FCC Order No. 00-104, Order
No. PSC 2001-1973-PCO-TL, 1 and the Industry Numbering Committee's (INC) Numbering
Pooling Guidelines Sections 3.7 and 12(c), Teleport filed a petition asking that this Commission
reverse Somos' decision. In its petition, Teleport asserts that at the time of the code request, the
Clermont exchange had a months-to-exhaust (MTE) of 5.0 months and utilization of 44.2%.
Teleport requests that we reverse Somos' decision because Somos' denial interferes with
Teleport's ability to serve its customers in Florida.
We are vested with jurisdiction pursuant to Sections 364.16(7), Florida Statutes, (F.S.),
a nd 47 C.F.R. §52.15.
1 Issued on October 4, 200 I, in Docket No. 200 I 0782-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 Telecommunication s, Inc.

ORDER NO. PSC-2023-0152-PAA-TA
DOCKET NO. 20230052-TA
PAGE 2
ANALYSIS
Somos has denied Teleport additional numbering resources because the Company has not
met the applicable utilization or MTE criteria. However, denial of additional numbering
resources poses a possible barrier to competition. In this instance, a customer desiring service
from Teleport might have to obtain services from another carrier simply because Teleport cannot
meet the utilization or months-to-exhaust rate center requirement. By Order No. DA 01-386,2 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.
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 the Company’s petition as contemplated by 47 C.F.R. §52.15(g)(4)(iv), we
have considered the information provided by Teleport and, in accordance with Order No. PSC-
2001-1973-PCO-TL, 3 find that the Company has met the following criteria:
The Company has demonstrated that it has a customer in need of immediate
numbering resources.
The Company has shown that it is unable to provide services to a potential
customer because of Somos’ denial of the numbering resources.
A potential customer cannot obtain service from the provider of its choice because
the Company does not have the numbers available.
2 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.
3 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-2023-0152-PAA-TA
DOCKET NO. 20230052-TA
PAGE3
CONCLUSION
Based on the foregoing, we find it appropriate to reverse Somos' decision to deny
additional numbering resources, and direct Somo s, Inc. to provide Teleport with additional
numbering resources for the Clermont rate center, OCALFLXAX4Z switch as soon as possible
to meet its customer's needs.
Based on the forego ing, it is
ORDERED 	by 	the 	Florida 	Public 	Service Comm ission 	that the N umb er Pooling
Administrator (Somos, Inc.) shall 	provide Teleport Communicat ions America, 	LLC, with
additional numbering resources for the Clermont rate center, OCALFLXAX4Z switch as soon as
possible, as reflected in the body of this Order. It is further
ORDERED that the provisions of this Order, is sued as proposed agency action, sha ll
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 Adm inistrative Code, is received by
the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Ta ll ahassee, Florida 32399-
0850, by the close of business on the date set forth in the Not ice of Furth er Proceedings attached
hereto. It is further
ORDERED that in the event this Order becomes final , this Docket shall be closed.
By ORDER of the Florida Public Service Commiss ion this 3rd day of May, 2023.
TPS
Commiss· .
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: 	A cop y of this document is
provided to the parties of record at the time of
issuance and, if app li cab le, interested persons.

ORDER NO. PSC-2023-0152-PAA-TA
DOCKET NO. 20230052-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 May 24, 2023.
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.