Interconnection and Resale Obligations of Commercial Mobile Radio Service Providers

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[CC Docket No. 94-54, FCC 95-149]

Interconnection and Resale Obligations of Commercial Mobile Radio

Service Providers

AGENCY: Federal Communications Commission.

ACTION: Second notice of proposed rule making.

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SUMMARY: This action invites comment to assist the Commission in

formulating broad policy guidelines involving the common carrier

obligations of commercial mobile radio service (CMRS) providers with

respect to CMRS-to-CMRS interconnection. The NPRM also tentatively

concludes that its policy regarding the resale obligations of cellular

carriers should be extended to most CMRS providers. This NPRM was

issued to continue the proceeding initiated by the Commission last year

in a Notice of Inquiry regarding interconnection and resale obligations

of CMS providers.

DATES: Comments must be filed on or before June 14, 1995, and reply

comments on or before July 14, 1995.

FOR FURTHER INFORMATION CONTACT:

Judy Argentieri or Barbara Esbin, Wireless Telecommunications Bureau,

Policy Division, (202) 418-1310.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,

Washington, D.C. 20554.

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

Second Notice of Proposed Rule Making (Notice) in CC Docket No. 94-54,

FCC 95-149, adopted April 5, 1995, and released April 20, 1995.

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, N.W., Washington, D.C., and also may be purchased

from the Commission's copy contractor, International Transcription

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

246, Washington, D.C. 20554.

Synopsis of Notice

1. The Notice concludes that at present it would be premature for

the Commission to propose or adopt rules of general applicability

requiring direct interconnection arrangements between CMRS providers.

The Notice also finds that present market conditions fail to indicate

that it is necessary to impose a general CMRS-to-CMRS interconnection

obligation at this time. The Notice seeks comment on several potential

relevant product and geographic market definitions for purposes of

analyzing the interconnection obligations of CMRS providers under

Section 201(a) of the Communications Act of 1934, as amended (the Act).

The Notice also seeks comment on criteria to consider in resolving

interconnection disputes under Sections 201(a), 208, and 332 of the

Act. Finally, the Notice seeks additional comment on the question of

preemption of state-imposed interconnection obligations.

2. The Notice makes similar conclusions regarding the prematurity

of imposing the sort of general interconnection obligations needed to

support roaming services. The Notice seeks comment on several technical

issues related to the provision of roaming service.

3. In addition, the Notice seeks comment on whether Section 22.901

of the Commission's Rules, 47 CFR Sec. 22.901 requires cellular

carriers to provide service to other CMRS roamers.

4. The Notice also tentatively concludes that the existing

obligation [[Page 20950]] requiring cellular providers not to prohibit

resale should be extended to apply to most CMRS providers.

5. Additionally, the Notice tentatively concludes that, as in the

case of cellular carriers, a time limitation on the obligation to

require resale of the services of one facilities-based CMRS provider to

another facilities-based CMRS provider is appropriate. The Notice

tentatively concludes that, as in the case of cellular service, once

the newer entrant in a market is fully operational the rationale for

prohibiting resale restrictions between facilities-based carriers,

i.e., to offset any competitive advantage gained as a result of a

service provider's ``headstart'', ceases to exist. The Notice seeks

comment on whether, as in the case of cellular, the resale requirement

should remain in effect until the termination of the fill-in period of

the particular service, which the Commission previously established in

its Rules, or whether some other period is appropriate.

6. Finally, the Notice tentatively concludes that the Commission

should not impose a general obligation requiring CMRS providers to

interconnect with resellers seeking to install their own switching

equipment between the CMRS provider's network facilities and the

facilities of the local exchange carrier and the interexchange carrier.

Ex Parte Rules

7. 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\

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

47 CFR Sec. 1.1206(a).

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Regulatory Flexibility Act

8. 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

9. 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.

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

proposed regulatory changes described above, and that comment is sought

on these proposals.

11. It is further ordered that pursuant to applicable procedures

set forth in Sections 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 June 14, 1995, and reply comments shall be filed with the

Secretary on or before July 14, 1995. 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.

William F. Caton,

Acting Secretary.

[FR Doc. 95-10472 Filed 4-27-95; 8:45 am]

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