![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}PUBLIC NOTICE

FEDERAL COMMUNICATIONS COMMISSION

445 12th Street, S.W.

[WASHINGTON, DC 20554 **DA 08-453**]{.underline}

News media information 202/418-0500 Fax-On Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

**Released: February 25, 2008**

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON COMMERCIAL MOBILE
RADIO SERVICES MARKET COMPETITION**

**WT Docket No. 08-27**

**Comments Due: March 26, 2008**

**Reply Comments Due: April 10, 2008**

In 1993, Congress created the statutory classification of Commercial
Mobile Services[^1] to promote the consistent regulation of similar
mobile radio services.[^2] At the same time, Congress established the
promotion of competition as a fundamental goal for Commercial Mobile
Radio Service ("CMRS") policy formation and regulation. To measure
progress toward this goal, Congress required the Commission to submit
annual reports ("*CMRS Reports*") that analyze competitive conditions in
the industry.[^3]

This Public Notice solicits data and information in order to evaluate
the state of competition among providers of CMRS for its Thirteenth
Annual Report and Analysis of Competitive Market Conditions with Respect
to Commercial Mobile Services ("*Thirteenth Report*"). The statute
requiring the Commission to submit annual reports providing an analysis
of competitive market conditions with respect to CMRS stipulates that
this analysis shall include, among other things, "an analysis of whether
or not there is effective competition."[^4] In this proceeding, the
Wireless Telecommunications Bureau ("Bureau") seeks to update and
improve the indicators of competition for the Commission's next report
to Congress and to determine whether or not there is effective
competition in the CMRS market. The Bureau seeks public input to
facilitate this determination.

The Commission is constantly striving to improve and refine the way it
collects, analyzes, and reports industry data. Importantly, the *Twelfth
Report*[^5] introduced a new data source that allowed for a
significantly more granular and accurate analysis of mobile telephone
service deployment and competition. This new data source provided the
FCC with a set of maps that set out the detailed boundaries of the
network coverage areas of every operational mobile telephone provider in
the United States. Using these maps, the FCC was able to estimate a
number of metrics based on the 8 million census blocks that comprise the
U.S., rather than the 3,200 counties on which the FCC had previously
relied. Among the metrics significantly enhanced by this new data source
were: (1) the percentage of the U.S. population covered by a certain
number of providers, and (2) the percentage of the population covered by
different types of network technologies.

For the *Thirteenth Report*, the Bureau is seeking to increase its
understanding of conditions in the CMRS marketplace, particularly with
regard to new technological developments. Therefore, this *Public
Notice* contains a new series of questions asking for data and analytic
recommendations related to that effort.

In the four most recent *CMRS Reports*, the Commission has reviewed
competitive market conditions using a framework that groups indicators
into four categories: (1) market structure; (2) provider conduct; (3)
consumer behavior; and (4) market performance.[^6] Accordingly, when
submitting responses to this Public Notice, commenters should, to the
extent possible, present materials addressing these four categories of
indicators. In addition to these issues and the specific matters
discussed below, the Bureau seeks comment generally on which indicators
are useful for analyzing competitive market conditions with respect to
CMRS. We also request comment on what specific criteria should be used
to determine whether there is effective competition among CMRS
providers. [^7]

Industry members, members of the public, and other interested parties
are encouraged to submit information, comments, and analyses regarding
competition in the provision of CMRS. Commenters desiring confidential
treatment of their submissions should request that their submission, or
a specific part thereof, be withheld from public inspection.[^8] In
order to facilitate its analysis of competitive trends over time, the
Commission requests that parties submit current data as well as historic
data that are comparable over time.

# Mobile Telecommunications Market Structure

The Bureau's analysis of market structure will focus on the current
level of concentration and the ease or difficulty with which new
providers can enter the market. The Bureau invites commenters to address
the sources of data and the analysis of metrics relating to both aspects
of market structure in the sections below.

## Service Availability and Deployment 

### Service Deployment, Granularity of Data, and Coverage Maps

As discussed above, in the *Twelfth Report*, we improved our examination
of competition in the mobile telephone sector by compiling a list of
census blocks where operators offer digital and next generation
technologies, using data supplied under a contract with American Roamer,
an independent consulting firm that produces coverage maps based on
public sources as well as confidential information supplied directly by
service providers.[^9] We seek comment on our analysis. Is this new
methodology for tracking facilities-based competitors appropriate? Are
census blocks an appropriate size to analyze the number of CMRS
competitors and the deployment of various services?

### Mobile Data and Broadband Deployment

The Bureau seeks comment on deployment of newer network technologies
such as EDGE Enhanced Data Rates for Global System for Mobile
Communications Evolution ("EDGE"), Wideband Code Division Multiple
Access ("WCDMA"), High-Speed Downlink Packet Access ("HSDPA"), Evolution
Data -- Optimized ("EV-DO") or EV-DO Rev A, and WiMax IEEE 802.16e-2005
("WiMax"). The Bureau also is seeking comment on ways it could deepen
and refine its understanding of broadband availability and deployment.

The Bureau is particularly interested in changes that have occurred in
mobile data and broadband network deployment since the *Twelfth Report*.
For example, what advanced wireless applications are being offered using
these technologies?

### Service Deployment in Rural Areas and Tribal Lands

To obtain a better understanding of the state of competition in rural
areas and tribal lands, the Bureau requests comment on the extent of
mobile voice and data service in these areas. To what extent are
advanced wireless services being offered in rural areas and tribal
lands? Are there noteworthy trends in the state of competition in rural
areas and tribal lands?

Furthermore, regarding rural areas and tribal lands, do providers
provide coverage only in certain parts of these areas, such as near
major roads, where they do not market service to residents of those
areas? If this is true, could the Bureau's analysis be further improved
if providers indicated the parts of their coverage areas in which they
compete to offer service and the parts that are used only to provide
coverage to traveling subscribers based in other locations?

## Other Competitors to Terrestrial CMRS Providers

### Mobile Satellite Service Providers 

The Bureau seeks information about the current provision of CMRS by
mobile satellite service ("MSS") companies, including the frequency
bands they are employing.[^10] The Bureau requests data on prices (of
both service and handsets) and coverage. In order to obtain a greater
understanding of the MSS market, we also request data on: (1) the number
of subscribers; (2) minutes of use; and (3) differences in phone usage
between rural and urban areas. In addition, we ask for comment on the
extent to which CMRS provided by MSS functions as a substitute for
terrestrial CMRS services.[^11] The Bureau also requests information on
the current status and deployment of Ancillary Terrestrial Component
systems by MSS companies.

### Resale/MVNO Providers 

To what extent are resellers/Mobile Virtual Network Operators ("MVNOs")
creating competitive pressures in the mobile telecommunications sector?
Who are the major resellers/MVNOs in the United States? How many
subscribers do they have? From the consumer's perspective, what are the
benefits of buying from a reseller/MVNO versus a facilities-based
provider? Are resellers/MVNOs selling to specific demographic segments?

## Horizontal Concentration

### NRUF Data and Output Market Concentration 

The main source of data the Bureau uses to calculate output market
concentration statistics for the purpose of this report is the Numbering
Resource Utilization / Forecast ("NRUF") data that are submitted to the
Commission on a rate center basis.[^12] The Commission has found that
NRUF data are a reasonable proxy for mobile telephone subscribers, and
in previous *CMRS Reports*, utilized the NRUF data to calculate market
concentration measures for Economic Areas ("EAs"). [^13] We seek comment
on whether any market or technological developments indicate that NRUF
data may not reasonably reflect the number of mobile telephone
subscribers. The Bureau also seeks comment whether EAs, given any market
or technological developments, continues to be an appropriate geographic
area for the calculation of mobile telecommunications concentration
measures based on NRUF data.

### Mobile Data Subscriber Shares 

One limitation of NRUF data for the purpose of measuring concentration
levels in the mobile data market is that they do not reveal whether
mobile telephone subscribers use their handsets for mobile data services
as well as to make and receive calls. We request sources of information
on the number of mobile data subscribers that individual providers
serve, or the percentage of their customer base that uses mobile data
services as well as mobile voice. Do individual providers' mobile data
market shares differ significantly from their mobile telephony market
shares, and if so, to what extent?

## Consolidation and Exit 

The Bureau seeks comment on the effects of consolidation in the mobile
telecommunications market. Has consolidation affected mobile data
services differently than mobile telephone services? Has consolidation
affected pricing, roll-out of new services, or equipment offerings? Has
consolidation affected rural areas differently than urban areas? Are the
effects of consolidation or exit different for mergers and acquisitions,
swaps, joint ventures, and bankruptcies?

## Barriers to Entry 

Barriers to entry in the mobile telecommunications market may include
first-mover advantages, large sunk costs, and access to spectrum. [^14]
The Bureau seeks comment on these and other types of barriers to entry
in the mobile telecommunications market. What are the most significant
barriers to entry in the mobile telecommunications market? Are barriers
to entry different in rural and urban areas?

The Bureau seeks comment on whether there is access to sufficient
spectrum, either through Commission auctions or through secondary market
transactions, to prevent spectrum from becoming a significant barrier to
entry in the CMRS industry. Are existing service providers spectrum
constrained? If so, in which geographic markets are providers most
likely to be constrained? Have these providers become more spectrum
constrained after rolling out advanced wireless services? Do potential
entrants have sufficient opportunities to access spectrum? As advanced
wireless technologies become more prevalent, will potential entrants
have more or fewer opportunities to access spectrum? In addition, the
Bureau seeks comment on whether its policy to facilitate spectrum
leasing will provide sufficient opportunities both for existing
providers to expand their operations and for new mobile
telecommunications providers to enter the market. Finally, we ask about
the likely impact of the recent auction of 700 MHz spectrum on
competition in the CMRS market as well as the impact of any anticipated
auctions.[^15]

# Provider Conduct in the Mobile Telecommunications Market 

## Price Rivalry 

### Pricing Plan Innovations

What innovations have occurred with pricing plans since the *Twelfth
Report*? Have these pricing innovations spread throughout the mobile
telecommunications market or have they been limited to a subset of
providers? To what extent do new types of pricing plans reflect price
rivalry among CMRS providers? Have pricing innovations been more widely
adopted in the last year? The Bureau seeks information on which
providers offer nationwide pricing plans, particularly those that are
not typically described as being nationwide operators, and request
descriptions of the terms of such plans. Do providers engage in rivalry
via handset pricing? Has this changed in the last year?

### Pricing Plans for Mobile Data and Broadband Services

The Bureau also seeks comment and information on pricing trends for
mobile data services offered by mobile telephone providers. Are there
data on the pricing of these services available on a national or
sub-national level? How are new or enhanced mobile data services such as
location-based services, games, digital photos, video services, and
downloadable music priced? Are there any reports or analyses that
discuss pricing trends for mobile data services?

### Pricing Plans in Rural Areas

The Bureau asks for comment and information on whether there are
meaningful pricing differences between urban and rural areas. Did
differences exist in the past that no longer exist today? To the extent
that such differences exist, what are the reasons for such differences?

## Capital Expenditures 

Have capital expenditures by mobile telecommunications providers
increased or decreased since the *Twelfth Report*? For what purposes are
providers using capital expenditures? Are there any studies or analyst
reports on the capital expenditures of nationwide providers versus
regional/local providers? Does data exist on capital expenditures by
geographic region?

## Technology Deployment and Upgrades 

For the *Thirteenth Report*, the Bureau requests information on the
extent to which mobile telecommunications providers have upgraded, or
plan to upgrade, their networks to more advanced technologies such as
WCDMA, HSDPA, High Speed Uplink Packet Access ("HSUPA"), EV-DO, EV-DO
Rev A, EV-DO Rev B, WiMAX, Long Term Evolution ("LTE"), and Ultra Mobile
Broadband ("UMB"). How extensively have providers deployed more advanced
technologies (*e.g*., have providers focused on urban areas only, or
have they deployed these technologies in rural areas as well)? What, if
any, are the relative advantages and disadvantages of these various
technologies, and what impact do such differences have on competitive
market conditions in the mobile telephone sector? Are there other new
wireless technologies that have improved wireless providers' coverage,
capacity and/or service offerings for mobile services? What types of
advanced technologies and services do licensees plan to deploy the
Advanced Wireless Services ("AWS") spectrum band and the 700 MHz Band,
as well as the BRS/EBS Band? In addition, to what extent have providers
integrated their mobile telephone network technologies with high-speed
wireless local area network technologies such as Wi-Fi, with the aim of
offering seamless mobile voice or data services? Finally, to what extent
are providers using innovations in handset features and design as a way
to compete?

## Applications and Devices

The Bureau invites commenters to submit information and evidence
documenting provider practices with regard to applications and devices,
especially with regard to recent developments indicating that providers
are facing growing pressures to move to an open platform model.[^16] To
what extent, and in what specific ways, do providers restrict the types
of devices that can be attached to, or the types of applications that
can be accessed on, their networks? To what extent are providers
differentiating themselves from their rivals with regard to applications
and devices? What changes in provider practices, if any, have occurred
in this regard in the past year? What impact have recent technological
and market developments, such as the introduction of the Apple iPhone,
had on carrier conduct in this area?

# Consumer Behavior in the Mobile Telecommunications Market

## Access to Information 

The Bureau seeks comment on the development of consumer information
sources for the mobile telecommunications market. Are there new avenues
for consumers to gain information, such as retailers providing on-line
and in-store comparisons of pricing plans, services, and handsets?

##  Switching and Churn 

The Bureau asks providers to submit descriptions of how they calculate
churn. Do the differences in how churn is calculated prohibit a
meaningful comparison of churn figures across the wireless industry? How
reliable are prior churn estimates? Are there other sources of churn
data available that should be included in the *Thirteenth Report*?
Further, the Bureau seeks sub-national or regional churn data, and churn
data by demographic groups. Have the previous reasons consumer churn,
namely service cost and network quality, remained the same? If not, what
are the reasons for consumer churn? Since the *Twelfth Report*, has
there been a change in the churn rate? If there has been a change, what
is the magnitude of this change? Has local number portability ("LNP")
affected wireless customer churn rates? If so, has the effect been
significant? How has ongoing evolution in handset design and
functionality affected consumer churn decisions?

# Mobile Telecommunications Market Performance

The Bureau intends to analyze various metrics including pricing levels
and trends, subscriber growth and penetration, Minutes of Use ("MOUs"),
innovation and diffusion of services, and quality of service. Are there
any other metrics that would add to its analysis of the mobile
telecommunications market? Are these metrics available on a national or
sub-national level?

## Pricing Levels and Trends 

### Pricing Trends

The Bureau seeks comment on the use of available pricing estimates as a
tool in its analysis of the performance of the mobile telephone market,
including to what extent any observed pricing changes are evidence of
effective competition. The Bureau seeks information on which providers
offer nationwide pricing plans, particularly those that are not
typically described as being nationwide operators, and request
descriptions of the terms of such plans. We ask for information and
comment on voice and data services. Are there additional analyses that
can be performed or conclusions that can be drawn from new or existing
pricing data? We also seek information on trends in handset prices.

### Pricing Trends in Rural Areas

Are commenters aware of pricing studies that look at urban versus rural
or other sub-national mobile telecommunications pricing? Given the
scarcity of studies that provide direct information on pricing, the
Bureau is interested in finding alternative ways of determining whether
pricing in rural areas conform to national pricing plans. Are there
other ways of studying this issue? Are there existing studies or data
sets that would give us the ability to explore this issue?

### Voice Revenue Per Minute

In the *Twelfth Report*, we used average revenue per minute ("RPM") as a
proxy for mobile pricing. RPM is calculated by dividing a provider's
estimate of ARPU by its estimate of MOUs, yielding the RPM that the
provider is receiving. Until the last two years, revenues from wireless
data services were a relatively insignificant portion of the average
wireless subscriber's bill. However, in the last two years, data
services have become an ever increasing portion of that bill. Because
the denominator in our RPM calculation measures usage based on the
number of billable minutes of voice calls, rather than voice and data
services combined, RPM is becoming an increasingly inaccurate measure of
the pricing of mobile voice service. In the *Twelfth Report*, we
addressed this issue by including a revised version of RPM, "Voice RPM,"
which excludes that portion of ARPU generated by data services. We seek
comment on the use of Voice RPM as a proxy for mobile pricing, and
whether the methodology we used to develop it is appropriate. Should we
consider other proxies for mobile pricing, and if so, which ones?

## Average Revenue per Unit ("ARPU") 

Average monthly revenue per subscriber is another key metric presented
in past CMRS Reports. The Bureau seeks comment on the use of ARPU as a
metric in its analysis of the mobile telecommunications industry. Are
additional ARPU data available that should be considered, in particular
data depicting whether and how ARPU varies by region and/or demographic
group? The Bureau requests information on ARPU allocated to voice versus
data and/or broadband services. Are there additional analyses that can
be performed or conclusions that can be drawn from new or existing data?
The Bureau requests from commenters additional input on the possible
causes for any recent trends in ARPU, as well as additional data that
may support various hypotheses.

## Quantity of Services Purchased 

### Subscriber Growth 

Since the *Seventh Report*,[^17] the Commission has estimated the number
of subscribers in the United States by using NRUF data. NRUF data,
however, do not include demographic information. Therefore, the Bureau
requests information on subscribers that would assist in a greater
understanding of the mobile telecommunications inventory, such as
penetration rates by age groups and/or household penetration rates.

The Bureau asks for comment on how to determine which geographic area or
areas should be used to calculate mobile telecommunications
subscribership and penetration rates.[^18] The Bureau requests comment
on the appropriateness of using Economic Areas ("EAs") for such
calculations. Given the limitations of NRUF data, insofar as they are
reported on the basis of the location of rate centers, would other
geographic areas be appropriate to use in place of or in addition to
EAs, such as states, MTAs, BTAs, CMAs, or counties? In addition, are
there other ways to interpret existing national and sub-national
subscribership data for purposes of the *Thirteenth Report*? Also, are
there data on either a national or sub-national basis on the number of
mobile telecommunications customers that use mobile data services?

### Minutes of Use 

The Bureau seeks comment on the use of MOUs as an indicator of the
demand for mobile telecommunications services. For purposes of the
*Thirteenth Report*, the Bureau asks for comment on the sources of the
MOU data presented in the *Twelfth Report* and requests additional MOU
data. In addition, should the Bureau perform other analyses or draw
additional conclusions from new or existing data? The Bureau requests
data on MOUs on a sub-national basis and/or broken down by various
demographic groups.

## Quality of Service 

The Bureau seeks comment on the use of consumer surveys to measure
service quality in the mobile telecommunications market. Do commenters
recommend any particular consumer surveys on service quality in the
mobile telecommunications market, and why? What factors do these
recommended surveys take into account to evaluate customer satisfaction
with service quality? In particular, do the surveys focus primarily or
exclusively on network performance and reliability (incidence of dropped
calls, interference, and so forth), or do they also take into account
other influences on the customer experience such as cost of service,
customer service, and billing? In cases where surveys measure overall
customer satisfaction with the performance of wireless service providers
rather than network performance per se, what specific dimensions of
service quality are survey respondents asked about, and how are
responses to different questions weighted to derive the overall score?
What methodologies do the recommended surveys use to select survey
respondents, and do these methodologies result in any sample bias? What
types of consumer surveys should we consider in our analysis?

## Applications and Devices

The Commission invites commenters to submit consumer surveys, or other
types of evidence, about consumer preferences with regard to mobile
applications and devices. To what extent are consumers satisfied with
the types of mobile devices and applications available to them? What are
the most important factors consumers take into account when choosing a
handset? The Commission also invites commenters to submit any U.S. or
international studies or analyses measuring the benefits or harm to
consumers as a result of provider practices with regard to mobile
applications and devices.

# Wireless -- Wireline Competition

## Competition in Voice Services 

The Bureau asks for comment and sources of information on the extent to
which mobile telephone service competes with wireline service. We ask
for information about the number and demographics of households that
have "cut the cord" and use wireless phones as their sole phone. Has the
introduction of intermodal LNP affected consumer behavior or had any
impact on wireless-wireline competition? Are there any other new
developments in wireless-wireline competition that have occurred since
the *Twelfth Report*? What are the major reasons for these developments?

## Competition in Broadband Services 

Wireless technologies appear to play an increasingly significant role in
the market for broadband services. In addition to the mobile broadband
services discussed above, we note that wireless operators using
Broadband Radio Service/Educational Broadband Service ("BRS/EBS")
spectrum in the 2.5 GHz band currently offer, or have announced plans to
offer, portable high-speed Internet access services using technologies
such as WiMax. We seek detailed information from operators on their
current and planned deployment of WiMax and similar wireless broadband
technologies in BRS/EBS spectrum, in other licensed spectrum bands, and
in spectrum bands used by unlicensed devices. To what extent do mobile
and portable wireless broadband services complement broadband services
offered over wireline technologies such as DSL, cable, or fiber to the
home? To what extent do they compete with these wireline technologies?
What effect will the 2006 AWS-1 Auction and the 2008 700 MHz Band
Auction have on the provision of wireless broadband services and
broadband competition?

# Wireless Local Area Network TECHNOLOGIES

Wireless Local Area Network technologies can serve as both a competitor
and a complement to the services offered by the CMRS industry.[^19] The
most prevalent WLAN technology is equipment manufactured in accordance
with the IEEE 802.11 family of standards, commonly known as
"Wi-Fi."[^20] Wi-Fi networks often must rely on another type of
broadband connection, such as wireline, cable, wireless, or broadband
over power lines ("BPL"), for access to the Internet.[^21] Wi-Fi enables
consumers to connect to the Internet at public "hot spots," such as
restaurants, coffee shops, hotels, airports, convention centers, and
city parks, typically using a laptop computer with an internal or
external Wi-Fi modem.[^22]

Some mobile telephone providers use Wi-Fi hot spots to supplement or
complement their CMRS offerings provided through the licensed use of
spectrum.[^23] We ask for information on which service providers use
WLANs in these ways, and we seek a description of those service
offerings. We also request information about the pricing and usage of
such plans. In addition, we ask for information on the extent to which
WLANs are being used for voice as well as data services, and on whether
such voice services are being provided using Voice over Internet
Protocols ("VoIP") technology or other technologies. Are there estimates
on the amount of voice on WLANs, as compared with data traffic? What
voice equipment and services are available for use over public hot
spots? To what extent are WLAN-based data and VoIP services considered
to be complements to, or substitutes for, the data and voice services
offered over CMRS networks?

Finally, we seek information on the total number of public hot spots, as
well as the number of free hot spots and fee-based hot spots. We also
request information on the pricing of fee-based hot spots. Has the
proportion of free versus fee-based hot spots changed over the past
year? Is there a difference in connectivity speeds and reliability for
free versus fee-based hot spots? To what extent do hot spots compete
with mobile broadband network data offerings, and to what extent do the
differences between free and fee-based hot spots influence competition
between Wi-Fi providers and CMRS providers?

# Other Indicators and Topics 

In addition to alternative sources of data and information to update
indicators of competition used in the *Twelfth Report* and previous
*CMRS Reports*, the Bureau invites commenters to recommend additional or
alternative indicators of competition to enhance the analysis of
competitive market conditions with respect to CMRS in the *Thirteenth
Report*. In each case, the commenter should also submit, or identify
sources for, the data and information needed to compile the proposed
indicator. As necessary and appropriate, the commenter should also
explain how the recommended indicator fits into the market
structure-provider conduct-consumer behavior-market performance
framework.

Finally, the Bureau also invites commenters to propose additional topics
of interest that are related to the assessment of the status of
competition in the CMRS marketplace. For example, have any noteworthy
new trends or developments relevant to the assessment of competitive
conditions in the mobile telephone sector emerged since the publication
of the *Twelfth Report*?

# Procedural Matters

Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR
§§ 1.415, 1.419, interested parties may file comments on or before **XX
XX, 2008** and reply comments on or before **XX XX, 2008**. All filings
should refer to WT Docket No. 07-71. Comments may be filed using: (1)
the Commission's Electronic Comment Filing System (ECFS), or (2) by
filing paper copies. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/>.
    Filers should follow the instructions provided on the website for
    submitting comments. If multiple dockets or rulemaking numbers
    appear in the caption of this proceeding, filers must transmit one
    electronic copy of the comments for each docket or rulemaking number
    referenced in the caption. In completing the transmittal screen,
    filers should include their full name, Postal Service mailing
    address, and the applicable docket number. Parties may also submit
    an electronic comment by Internet e-mail. To get filing instructions
    for email comments, filers should send an e-mail to <ecfs@fcc.gov>,
    and should include the following words in the body of the message,
    "get form \<your e-mail address\>." A sample form and directions
    will be sent in response.

-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

> Filings can be sent by hand or messenger delivery, by commercial
> overnight courier, or by first-class or overnight U.S. Postal Service
> mail (although we continue to experience delays in receiving U.S.
> Postal Service mail). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.
    The filing hours at this location are 8:00 a.m. to 7:00 p.m. All
    hand deliveries must be held together with rubber bands or
    fasteners. Any envelopes must be disposed of before entering the
    building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class mail, Express Mail, and Priority
    Mail should be addressed to 445 12^th^ Street, SW, Washington, D.C.
    20554.

One copy of each pleading must be delivered electronically, by e-mail or
facsimile, or if delivered as paper copy, by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (according to the procedures set forth above for
paper filings), to: (1) the Commission\'s duplicating contractor, Best
Copy and Printing, Inc., at FCC@BCPIWEB.COM or (202) 488-5563
(facsimile); (2) Ben Freeman Spectrum and Competition Policy Division,
Wireless Telecommunications Bureau, at ben.freeman@fcc.gov (202)
418-7447 (facsimile); (3) Heidi Kroll Spectrum and Competition Policy
Division, Wireless Telecommunications Bureau, at heidi.kroll@fcc.gov, or
(202) 418-7447 (facsimile).

Copies of the public notice and any subsequently-filed documents in this
matter may be obtained from Best Copy and Printing, Inc. in person at
445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, via
telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via
e-mail at FCC@BCPIWEB.COM. The public notice and any associated
documents are also available for public inspection and copying during
normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257,
Washington, D.C. 20554. The public notice is also available
electronically through the Commission's ECFS, which may be accessed on
the Commission's Internet website at http://www.fcc.gov. Alternate
formats of this public notice (computer diskette, large print, audio
recording, and Braille) are available to persons with disabilities by
contacting Brian Millin at (202) 418-7426 (voice), (202) 418-7365 (TTY),
or by sending an e-mail to access@fcc.gov.

For further information, contact Ben Freeman, Spectrum & Competition
Policy Division, Wireless Telecommunications Bureau, (202) 418-0628, or
Heidi Kroll, Spectrum & Competition Policy Division, Wireless
Telecommunications Bureau, (202) 418-1310.

[^1]: The term "commercial mobile service" is defined by the
    Communications Act of 1934, as amended ("the Act"), as "any mobile
    service ... that is provided for profit and makes interconnected
    service available (A) to the public or (B) to such classes of
    eligible users as to be effectively available to a substantial
    portion of the public, as specified by the Commission."
    Communications Act § 332(d)(1), 47 U.S.C. § 332(d)(1). "Mobile
    service" is defined at Section 3 of the Act. Communications Act §
    3(27), 47 U.S.C. § 153(27). The term "commercial mobile service"
    came to be known as the "commercial mobile radio service". 47 C.F.R.
    § 20.3.

[^2]: The Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66,
    Title VI, § 6002(b), amending the Communications Act of 1934 and
    codified at 47 U.S.C. § 332(c).

[^3]: 47 U.S.C. § 332(c)(1)(C).

[^4]: *Id*.

[^5]: In the Matter of Implementation of Section 6002(b) of the Omnibus
    Budget Reconciliation Act of 1993, Annual Report and Analysis of
    Competitive Market Conditions with Respect to Commercial Mobile
    Radio Services, WT Docket No. 07-71, *Twelfth Report*, FCC 08-28
    (rel. Feb. 4, 2008) ("*Twelfth Report*").

[^6]: Implementation of Section 6002(b) of the Omnibus Budget
    Reconciliation Act of 1993, Annual Report and Analysis of
    Competitive Market Conditions with Respect to Commercial Mobile
    Services, *Ninth Report*, 19 FCC Rcd 20597 (2004); Implementation of
    Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993,
    Annual Report and Analysis of Competitive Market Conditions with
    Respect to Commercial Mobile Services, *Tenth Report*, 20 FCC Rcd
    15908 (2005); Implementation of Section 6002(b) of the Omnibus
    Budget Reconciliation Act of 1993, Annual Report and Analysis of
    Competitive Market Conditions with Respect to Commercial Mobile
    Services, *Eleventh Report*, 21 FCC Rcd 10947 (2006) ("*Eleventh
    Report*"); *Twe*l*fth Report*, FCC 08-28. The reports can also be
    found on the FCC's web site at
    \<http://wireless.fcc.gov/cmrsreports.html\>.

[^7]: In view of a separate ongoing proceeding on roaming obligations of
    CMRS providers, this *Public Notice* omits questions about roaming.
    *See* Reexamination of Roaming Obligations of Commercial Mobile
    Radio Service Providers, WT Docket No. 05-265, *Memorandum Opinion &
    Order and Notice of Proposed Rulemaking*, 20 FCC Rcd 15047 (2005).

[^8]: 47 C.F.R. § 0.459.

[^9]: *Twelfth Report,* at ¶ 35 & note 61.

[^10]: In addition to terrestrial mobile services, CMRS includes MSS
    that provide CMRS directly to end users. *See* 47 C.F.R. § 20.9(10).

[^11]: "While terrestrial and satellite CMRS operators provide wireless
    mobile voice and data connectivity, the *Satellite Flexibility
    Order* noted in 2003 that, since terrestrial CMRS and MSS are
    expected to have different prices, coverage, product acceptance and
    distribution, the two services appear, at best, to be imperfect
    substitutes for one another that would be operating in predominately
    different market segments." *Twelfth Report*, FCC 08-28 at 15 ¶ 16;
    s*ee* also Flexibility for Delivery of Communications by Mobile
    Satellite Service Providers in the 2 GHz Band, the L-Band, and the
    1.6/2.4 GHz bands; Review of the Spectrum Sharing Plan Among
    Non-Geostationary Satellite Orbit Mobile Satellite Service Systems
    in the 1.6/2.4 GHz Bands, *Report and Order and Notice of Proposed
    Rulemaking*, 18 FCC Rcd 1962, 1964 (2003) ("*Satellite Flexibility
    Order"*), *modified sua sponte*, *Order on Reconsideration*, 18 FCC
    Rcd 13590 (2003), *on reconsideration*, *Memorandum Opinion and
    Order and Second Order on Reconsideration*, 20 FCC Rcd 4616 (2005),
    *further recon pending*.

[^12]: Rate center boundaries are much smaller than, and not coextensive
    with, mobile telecommunications license boundaries such as Cellular
    Market Areas ("CMAs"), Metropolitan Trading Areas ("MTAs"), or Basic
    Trading Areas ("BTAs"). Due to their relatively small size, rate
    centers are not necessarily indicative of where a mobile
    telecommunications subscriber lives, works, or uses a mobile
    telecommunications device. In addition, in order to protect the
    confidentiality of the companies submitting NRUF data, the
    Commission does not report the number of subscribers for geographic
    areas in which there are three or fewer providers.

[^13]: EAs are defined by the U. S. Department of Commerce's Bureau of
    Economic Analysis. *See* Twelfth Report, FCC 08-28 at 98 n. 564.

[^14]: *See* Horizontal Merger Guidelines issued by the U.S. Department
    of Justice and the Federal Trade Commission at § 3.0 (Apr. 2, 1992,
    revised Apr. 8, 1997) (discussion of barriers to entry); Dennis W.
    Carlton and Jeffrey M. Perloff, *Modern Industrial Organization*,
    76-82 (3^rd^ ed., Addison, Wellsley, Longman, Inc., 1999) (same).
    *See also* 2000 Biennial Review Spectrum Aggregation Limits for
    Commercial Mobile Radio Services, WT Docket No. 01-14, *Report and
    Order*, 16 FCC Rcd 22668, 22688-91 (2001).

[^15]: Auction of 700 MHz Band Licenses Scheduled for January 24, 2008,
    Notice and Filing Requirements, Minimum Opening Bids, Reserve
    Prices, Upfront Payments, and Other Procedures for Auctions 73 and
    76, *Public Notice*, 22 FCC Rcd 18141 (2007). With respect to the
    700 MHz Band, the Digital Television and Public Safety Act of 2005
    ("DTV Act"), amended Section 309(j)(14) of the Communications Act,
    47 U.S.C. § 309(j)(14), to establish February 17, 2009 as a firm
    deadline for the end of the digital television (DTV) transition
    period, and to require that the Commission commence the auction of
    certain recovered analog broadcast spectrum no later than January
    28, 2008. Until the transition is complete, the 700 MHz Band will
    remain occupied by television broadcasters. Nevertheless,
    substantial portions of the band are not so encumbered and are
    available for immediate use by new licensees.

[^16]: *See, e.g., 700 MHz Second Report & Order,* \[cite -- generally
    and to open platform section\] (adopting open platform requirement
    for C Block if reserve price is met at auction).

[^17]: Implementation of Section 6002(b) of the Omnibus Budget
    Reconciliation Act of 1993, Annual Report and Analysis of
    Competitive Market Conditions with Respect to Commercial Mobile
    Services, *Seventh Report*, 17 FCC Rcd 12985 (2002) ("*Seventh
    Report*").

[^18]: The use of any particular geographic area to calculate mobile
    telecommunications subscribership and penetration rates for purposes
    of this report does not imply that the same geographic area will be
    used in any other Commission proceedings to define the relevant
    geographic markets. Such other proceedings could include an
    application for a license transfer and may present facts pointing to
    a narrower or broader geographic market definition than any used,
    suggested, or implied in the *CMRS Reports*.

[^19]: *Twelfth Report*, FCC 08-28 at 110 ¶ 252.

[^20]: WLAN technologies operate on an unlicensed basis under Part 15 of
    the Commission's rules. *See* 47 C.F.R. §15 et seq.

[^21]: Appropriate Regulatory Treatment for Broadband Access to the
    Internet Over Wireless Networks, WT Docket No. 07-53, *Declaratory
    Ruling*, 22 FCC Rcd 5901, 5907-8 ¶ 15 (2007).

[^22]: These hot spots usually function as an extension of another
    broadband Internet access network end point (*e.g.*, wireline
    broadband Internet access or cable modem Internet access end point).

[^23]: Several mobile telephone providers have entered the hot spot
    operations business through acquisition, partnerships, or
    independent deployment. *Twelfth Report*, FCC 08-28 at 111 ¶ 254.
    *See, e.g.*, T-Mobile, *T-Mobile Hotspot U.S. Location Map*,
    \<https://selfcare.hotspot.t-mobile.com/locations/viewLocationMap.do\>
    (last visited Feb. 6, 2008) (T-Mobile claims it has 8,800 hotspots
    where its customers can get connectivity).