Order No. PSC-2024-0474-PAA-TA•Florida Public Service Commission native order document 09919-2024
Florida Public Service Commission native order document 09919-2024
Order No. PSC-2024-0474-PAA-TAFlapubserv
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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.
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