Sec. 52.19  Area code relief.

    (a) State commissions may resolve matters involving the introduction 
of new area codes within their states. Such matters may include, but are 
not limited to: Directing whether area code relief will take the form of 
a geographic split, an overlay area code, or a boundary realignment; 
establishing new area code boundaries; establishing necessary dates for 
the implementation of area code relief plans; and directing public 
education and notification efforts regarding area code changes.
    (b) State commissions may perform any or all functions related to 
initiation and development of area code relief plans, so long as they 
act consistently with the guidelines enumerated in this part, and 
subject to paragraph (b)(2) of this section. For the purposes of this 
paragraph, initiation and development of area code relief planning 
encompasses all functions related to the implementation of new area 
codes that were performed by central office code administrators prior to 
February 8, 1996. Such functions may include: declaring that the area 
code relief planning process should begin; convening and conducting 
meetings to which the telecommunications industry and the public are 
invited on area code relief for a particular area code; and developing 
the details of a proposed area code relief plan or plans.
    (1) The entity or entities designated by the Commission to serve as 
central office code administrator(s) shall initiate and develop area 
code relief plans for each area code in each state that has not notified 
such entity or entities, pursuant to paragraph (b)(2) of this section, 
that the state will handle such functions.
    (2) Pursuant to paragraph (b)(1) of this section, a state commission 
must notify the entity or entities designated by the Commission to serve 
as central office code administrator(s) for its state that such state 
commission intends to perform matters related to initiation and 
development of area code relief planning efforts in its state. 
Notification shall be written and shall include a description of the 
specific functions the state commission intends to perform. Where the 
NANP Administrator serves as the central office code administrator, such 
notification must be made within 120 days of the selection of the NANP 
Administrator.
    (c) New area codes may be introduced through the use of:
    (1) A geographic area code split, which occurs when the geographic 
area served by an area code in which there are few or no central office 
codes left

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for assignment is split into two or more geographic parts;
    (2) An area code boundary realignment, which occurs when the 
boundary lines between two adjacent area codes are shifted to allow the 
transfer of some central office codes from an area code for which 
central office codes remain unassigned to an area code for which few or 
no central office codes are left for assignment; or
    (3) An area code overlay, which occurs when a new area code is 
introduced to serve the same geographic area as an existing area code, 
subject to the following conditions:
    (i) No area code overlay may be implemented unless all central 
office codes in the new overlay area code are assigned to those entities 
requesting assignment on a first-come, first-serve basis, regardless of 
the identity of, technology used by, or type of service provided by that 
entity. No group of telecommunications carriers shall be excluded from 
assignment of central office codes in the existing area code, or be 
assigned such codes only from the overlay area code, based solely on 
that group's provision of a specific type of telecommunications service 
or use of a particular technology;
    (ii) No area code overlay may be implemented unless there exists, at 
the time of implementation, mandatory ten-digit dialing for every 
telephone call within and between all area codes in the geographic area 
covered by the overlay area code; and
    (iii) No area code overlay may be implemented unless every 
telecommunications carrier, including CMRS providers, authorized to 
provide telephone exchange service, exchange access, or paging service 
in that NPA 90 days before introduction of the new overlay area code, is 
assigned during that 90 day period at least one central office code in 
the existing area code.

                      Subpart C--Number Portability

    Source:   61 FR 38637 , July 25, 1996, unless otherwise noted. 
Redesignated at  61 FR 47353 , Sept. 6, 1996.