Equal Access Obligations of Commercial Mobile Radio Service Providers; Interconnection Obligations of Local Exchange Carriers to Commercial Mobile Radio Service Providers; Interconnection Obligations of Commercial Mobile Radio Service Providers

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[CC Docket No. 94-54; FCC 94-145]

Equal Access Obligations of Commercial Mobile Radio Service

Providers; Interconnection Obligations of Local Exchange Carriers to

Commercial Mobile Radio Service Providers; Interconnection Obligations

of Commercial Mobile Radio Service Providers

AGENCY: Federal Communications Commission.

ACTION: Notice of Proposed Rule Making; Notice of Inquiry.

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SUMMARY: This Notice of Proposed Rule Making (NPRM) initiates a rule

making proceeding to examine whether equal access obligations should be

imposed on commercial mobile radio service (CMRS) providers, and

whether the interconnection arrangements between local exchange

carriers (LECs) and CMRS providers should be tariffed. The Notice of

Inquiry (NOI) initiates a broad inquiry into whether the Commission

should impose interconnection obligations on CMRS providers. The NOI

also explores resale obligations and asks parties to address the extent

to which those obligations should be imposed on CMRS providers.

DATES: Comments must be filed on or before August 30, 1994, and reply

comments on or before September 29, 1994.

FOR FURTHER INFORMATION CONTACT:

Barbara Esbin, Common Carrier Bureau, Tariff Division, (202) 418-1520.

ADDRESSES: Federal Communications Commission, 1919 M Street, NW.,

Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's

Notice of Proposed Rule Making and Notice of Inquiry (Notice) in CC

Docket No. 94-54, FCC 94-145, adopted June 9, 1994, and released July

1, 1994.

The complete text of this Notice is available for inspection and

copying during normal business hours in the FCC Dockets Branch (Room

230), 1919 M Street, NW., Washington, DC, and also may be purchased

from the Commission's copy contractor, International Transcription

Service, Inc. (ITS, Inc.), at (202) 857-3800, 1919 M Street, NW., Room

246, Washington, DC 20554.

Synopsis of Notice

1. The Notice tentatively concludes that the Commission has

authority under Section 201 of the Communications Act to order equal

access when it is in the public interest. The Notice also tentatively

concludes that the public interest evaluation depends upon an analysis

of market power, as well as other important factors such as customer

choice, increased end user access to networks, access to a wider array

of IXC service offerings, and elimination of the different regulatory

treatment of the Bell Operating Company affiliated cellular carriers.

The Notice seeks comment on these tentative conclusions regarding the

relevant legal standard and public interest criteria, and invites

parties to suggest other relevant factors or policy goals that should

be included in the public interest analysis under Section 201.

2. This Notice proposes to require that cellular licensees provide

equal access to interexchange carriers (IXCs) and seeks comment on

whether equal access obligations should be imposed on other CMRS

providers, including resellers of CMRS. Currently, the Commission does

not require CMRS providers to provide equal access.

3. The Notice notes that the Commission has a more fully developed

record on the issue of equal access for cellular service than for any

other CMRS provider and observes that cellular service is an

established, rapidly growing service that provides many customers with

alternate access to networks and services. Because of the limited

record as to the service characteristics of other CMRS providers, such

as those that will provide PCS, specialized mobile radio service or

improved mobile telephone services, the Notice reaches no tentative

conclusions for other CMRS providers. Rather, it seeks comment on

whether the public interest would be served if equal access obligations

were extended to CMRS providers other than cellular providers.

4. The Notice tentatively concludes that the Commission should

adopt a service area boundary definition for purposes of the equal

access obligation, and seeks comment on the circumstances under, or

point at which, a cellular carrier must hand off a call to an

interexchange carrier.

5. The Notice also tentatively concludes that any equal access

obligation should be implemented on a gradual, phased-in basis and

seeks comment on the method that should be employed. In addition, it

seeks comment on service characteristics and other technical issues

related to the implementation of equal access and related cost issues.

6. The Notice seeks comment on whether the Commission should

require LECs to offer interconnection under tariff, or whether the

Commission should retain its current requirement that LECs establish,

through good faith negotiations with CMRS providers, the rates, terms

and conditions of interconnection.

7. The Notice also seeks comment on whether in lieu of imposing a

tariff filing obligation, the Commission should revise the good faith

negotiation requirement by adding two new safeguards against

unreasonably discriminatory rates or conditions.

8. The NOI portion of the Notice asks for comment on the issue of

whether the Commission should require CMRS providers to furnish

interconnection to other mobile service providers. The NOI states that

if the Commission determines that imposing interconnection obligations

would be in the public interest, Section 201(a) of the Communications

Act gives the Commission the authority to order CMRS providers to

establish physical connections with other carriers. The NOI seeks

comment on whether there are public interest concerns that would

justify imposing interstate interconnection obligations regardless of

whether CMRS providers control bottleneck facilities. Further, the NOI

seeks comment on whether, if the Commission concludes that imposition

of CMRS interconnection obligations is not necessary at this time, it

should examine the future need for such obligations as part of an

effort to monitor the CMRS marketplace. The NOI requests parties to

comment on the nature and scope of interconnection obligations the

Commission should establish if the Commission decides to impose such

obligations. The NOI also seeks comment on whether some or all CMRS

providers other than cellular licensees should be required to resell

service to facilities-based or non-facilities based CMRS competitors.

Ex Parte Rules

9. This is a non-restricted notice and comment rule making

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in the

Commission's Rules.\1\

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\1\See generally, Section 1.1206(a) of the Commission's Rules,

47 C.F.R. 1.1206(a).

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Regulatory Flexibility Act

10. As required by Section 603 of the Regulatory Flexibility Act, 5

U.S.C. Sec. 601 et. seq. (1981), the Commission has prepared an Initial

Regulatory Flexibility Analysis (IRFA) of the expected impact of the

policies and rules proposed in this Notice on small entities. The IRFA

is contained in Appendix B to the Notice. The Secretary shall cause a

copy of this Notice, including the IRFA, to be sent to the Chief

Counsel for Advocacy of the Small Business Administration in accordance

with Section 603(a) of the Regulatory Flexibility Act.

Authority

11. This action is taken pursuant to Sections 1, 4(i), 4(j), 201,

202, 208, 332, and 403 Communications Act as amended; 47 U.S.C. 154(i),

201, 202, 208, 332, and 403.

12. Accordingly, it is ordered that notice is hereby given of the

proposed regulatory changes described above, and that comment is sought

on these proposals.

13. It is further ordered that pursuant to applicable procedures

set forth in Secs. 1.415 and 1.419 of the Commission's Rules, 47 CFR

1.415 and 1.419, comments shall be filed with William F. Caton, Acting

Secretary, Federal Communications Commission, Washington, DC 20554 on

or before August 30, 1994, and reply comments shall be filed with the

Secretary on or before September 29, 1994. To file formally in this

proceeding, parties must file an original and five copies of all

comments, reply comments, and supporting comments. Parties wishing each

Commissioner to receive a personal copy of their comments must file an

original plus nine copies.

Federal Communications Commission.

LaVera F. Marshall,

Acting Secretary.

[FR Doc. 94-16881 Filed 7-12-94; 8:45 am]

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