(Urrre^p ^fc''" ^ ^ '©NO STATE OF NEW YMK DEPARTMENT OF PMLIC SERVICE THREE EMPIRE STATE PLAZA, ALBANY, NY 12223-1350 Internet Address: http://www.dps.state.ny.us

PUBLIC SERVICE COMMISSION UBLIC SERVICE COMMISSION WILLIAM M. FLYNN RECEIVED Chairman DAWN K. JABLONSK1 THOMAS J. DUNLEAVY General Counsel JAMES D. BENNETT APR 1 6 2003 LEONARD A. WEISS JANET HAND DEIJCLER NEAL N. GALVIN FILES , Secretary ALBANY, N.Y.

April 14, 2003

Mr. John Kadziolka 753 Gabbey Road Corfu, 14036

Re: Case 02-C-1643 - Complaint of Mr. John Kadziolka et al. Requesting Reinstatement of the 716 Area Code in the 542 Exchange.

Dear Mr. Kadziolka:

I am writing in reference to your petition, consisting of approximately 140 signatures appended to a December 4, 2002 letter to Greg Pattenaude of our Office of Communications. I apologize for the delay in our response. Your petition has raised several thorny procedural and junsdictional issues that had to be addressed as a preliminary matter before we could respond to you. As an initial matter, your letter was referred to my office for docketing as a formal case presented to the Commission. The matter was assigned the case number referenced above. Second, however, we have determined that your petition must be rejected for lack of Commission jurisdiction over your complaint. This means that our Commission does not have the authority to grant the relief you request. That authority rests with the Federal Communications Commission.

Under the Telecommunications Act of 1996, the FCC was given exclusive jurisdiction over all area codes in the North American Numbering Plan. The FCC then delegated authority to the states to create new area codes when needed to avoid running out of numbers. Any other matters relating to area codes remain under the FCC' s jurisdiction.

When our Commission created area code 585 through a geographic split of , it was acting under this delegation of authority from the FCC. Your complaint, more than two and a half years after the Commission's decision, is too far removed in time for the Commission to rehear or reconsider that decision. Consequently, we must view your petition as a new matter, one that seeks a change of area code for your community because of inconvenience and confusion caused by dialing patterns. Because we were only delegated Mr. John Kadziolka April 14, 2003 Page 2 of3

limited powers from the FCC, we have no jurisdiction to consider this new matter. (The Commission has filed a formal request to the FCC to obtain a delegation of authority to rule on requests for area code changes due to community interests, convenience, or reasons other than creating more numbers, so that we could address petitions such as yours. The request was filed in October of 2001, but the FCC has not ruled on it.)

Despite the need to reject your formal petition, we hope that our staff can assist you on an informal basis. In particular, our Consumer Education staff will contact Verizon and urge the company to undertake better consumer education in your area to alert customers that all calls within the 542 exchange remain local calls, irrespective of the number of digits dialed.

Sincerely,

/ /Janet: Hand DeixlerDei Secretary cc: Greg Pattenaude Office of Communications Mr. John Kadziolka April 14, 2003 Page 3 of3 bcc: Christine Kelly Elizabeth Liebschutz Nancy Plotkin Central Files^