[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Proposed Rules]
[Pages 69891-69895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29773]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 00-193; FCC 00-361]


Automatic and Manual Roaming Obligations Pertaining to Commercial 
Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this notice of proposed rulemaking (NPRM), we initiate a 
new proceeding to consider whether the Commission should adopt an 
``automatic'' roaming rule that would apply to Commercial Mobile Radio 
Service (CMRS) systems and whether we should sunset the ``manual'' 
roaming requirement that currently applies to those systems.

DATES: The agency must receive comments on or before January 5, 2001, 
and reply comments on or before February 5, 2001.

FOR FURTHER INFORMATION CONTACT: Paul Murray, Wireless 
Telecommunications Bureau, at (202) 418-7240; additional information 
concerning the information collections contained in this document 
contact Judy Boley at (202) 418-0214, or via the Internet at 
<a href="/cdn-cgi/l/email-protection#1c767e737079655c7a7f7f327b736a"><span class="__cf_email__" data-cfemail="a8c2cac7c4cdd1e8cecbcb86cfc7de">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's (the Commission) Notice of Proposed 
Rulemaking, FCC 00-361, in WT Docket No. 00-193, adopted on October 4, 
2000 and released on November 1, 2000. The full text of this NPRM is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, Room CY-A257, 445 12th Street, SW., 
Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, N.W., Washington, D.C. 20037. The full text may 
also be downloaded at: www.fcc.gov. Alternative formats are available 
to persons with disabilities by contacting Martha Contee at (202) 418-
0260 or TTY (202) 418-2555.

Synopsis of Memorandum Opinion and Order

I. Introduction

    1. In this notice of proposed rulemaking (NPRM), we initiate a new 
proceeding to consider whether the Commission should adopt an 
``automatic'' roaming rule that would apply to Commercial Mobile Radio 
Service (CMRS) systems and whether we should sunset the ``manual'' 
roaming requirement that currently applies to those systems. The 
Commission recently terminated its previous consideration of these 
roaming issues in Docket No. 94-54. In light of the significant growth 
and development during the last few years of CMRS services, we believe 
that a new docket dedicated solely to roaming issues best ensures that 
we will have up-to-date information on whether roaming services should 
be regulated.

II. Summary of the Notice of Proposed Rulemaking

A. Current Requirements

    2. Prior to 1996, the Commission's rules required only cellular 
carriers to offer manual roaming. In the Commission's 1996 Second 
Report and Order and accompanying Third NPRM, 11 FCC Rcd 9462, 
published 61 FR 44026 (Aug. 27, 1996), we considered the imposition of 
manual and automatic roaming obligations on CMRS providers generally. 
In the Second Report and Order, we determined that the availability of 
roaming was important to

[[Page 69892]]

the development of nationwide, competitive wireless voice 
telecommunications, and that during the period of systems build-out 
market forces alone might not cause roaming to become widely available. 
Accordingly, we extended the Commission's then-existing manual roaming 
rule requiring cellular carriers to serve individual roamers to include 
both broadband PCS and ``covered'' SMR providers.
    3. In the Third NPRM, the Commission invited additional comment on 
both automatic and manual roaming asking whether the Commission should 
promulgate any rule governing covered providers' obligations to provide 
automatic roaming service. The Third NPRM further posited that the 
market would likely render any automatic roaming rule unnecessary five 
years after the last group of initial licenses for broadband PCS 
spectrum was awarded, and it asked whether any automatic roaming rule, 
as well as the existing manual roaming rule, should be sunset at that 
time.
    4. In July 2000, the Commission generally affirmed the manual 
roaming requirement in its Third Report and Order and Memorandum 
Opinion and Order on Reconsideration, CC Docket No. 94-54, FCC 00-251 
(rel. Aug. 28, 2000) (Manual Roaming Order on Reconsideration), 
published 65 FR 58477 (Sep. 29, 2000). However, the Manual Roaming 
Order on Reconsideration changed the definition of which CMRS providers 
were ``covered'' and extended the rule's coverage to certain data 
providers. Thus the manual roaming requirement, as amended, applies to 
all cellular, broadband PCS, and SMR providers that offer real-time, 
two-way switched voice or data service that is interconnected with the 
public switched network and utilizes an in-network switching facility 
that enables the provider to reuse frequencies and accomplish seamless 
hand-offs of subscriber calls. The Commission also terminated CC Docket 
No. 94-54 finding that changes in the market and technology had 
rendered the record stale.

C. Proposed Rule Changes

    5. In this document, we invite comments on: (1) Whether we should 
adopt an automatic roaming requirement that would apply to certain CMRS 
providers; and (2) whether we should, either now or in the future, 
sunset the existing manual roaming requirement placed on those 
providers. Those wishing to file comments should pay close attention to 
the specific requests for information made in the NPRM.

Procedural Matters

A. Regulatory Flexibility Act

    6. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the potential regulatory actions on which comment is requested in this 
Notice of Proposed Rulemaking. The IRFA is set forth in the attached 
Appendix. Written public comments are requested on the IRFA. These 
comments must be filed in accordance with the same filing deadlines for 
comments on the rest of this Notice of Proposed Rulemaking, as set 
forth in Section IV(C), infra, and they must have a separate and 
distinct heading designating them as responses to the IRFA. The 
Commission's Office of Public Affairs, Reference Operations Division, 
will send a copy of this Notice of Proposed Rulemaking, including the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with the RFA. In addition, this Notice of 
Proposed Rulemaking, including the IRFA (or summaries thereof), will be 
published in the Federal Register.

B. Ex Parte Rules

    7. This document initiates and constitutes a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making oral ex parte presentations relating to the 
Notice of Proposed Rulemaking are reminded that memoranda summarizing 
the presentations must contain summaries of the substance of the 
presentations and not merely a listing of the subjects discussed. More 
than a one or two sentence description of the views and arguments 
presented is generally required. Other rules pertaining to oral and 
written presentations are set forth in Sec. 1.1206(b) as well. 
Interested parties are to file with the Secretary, FCC, and serve 
International Transcription Services (ITS) with copies of any written 
ex parte presentations or summaries of oral ex parte presentations in 
these proceedings in the manner specified below for filing comments.

C. Filing Procedures

    8. Pursuant to Secs. 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415 and 1.419, interested parties may file comments on or before 
January 5, 2001, and reply comments on or before February 5, 2001. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    9. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html>. 
Generally, only one copy of an electronic submission must be filed. In 
completing the transmittal screen, commenters should include their full 
name, Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties may also submit an electronic comment by 
Internet e-mail. To get filing instructions for e-mail comments, 
commenters should send an e-mail to <a href="/cdn-cgi/l/email-protection#197c7a7f6a597f7a7a377e766f"><span class="__cf_email__" data-cfemail="cbaea8adb88bada8a8e5aca4bd">[email protected]</span></a>, 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 reply.
    10. Parties who choose to file by paper must file an original and 
four copies of each filing. All filings must be sent to the 
Commission's Secretary, Magalie Roman Salas, Office of the Secretary, 
Federal Communications Commission, 445 Twelfth Street, S.W.; TW-A325; 
Washington, D.C. 20554.
    11. Regardless of whether parties choose to file electronically or 
by paper, parties should also file one copy of any documents filed in 
this docket with the Commission's copy contractor, International 
Transcription Services, Inc., 445 Twelfth Street, S.W., Room CY-B402, 
Washington, D.C. 20554. Comments and reply comments will be available 
for public inspection during regular business hours in the FCC 
Reference Center, 445 12th Street, S.W., Washington, D.C. 20554.
    12. Comments and reply comments must include a short and concise 
summary of the substantive arguments raised in the pleading. Comments 
and reply comments must also comply with Sec. 1.49, 47 CFR 1.49, and 
all other applicable sections of the Commission's rules. We also direct 
all interested parties to include the name of the filing party and the 
date of the filing on each page of their comments and reply comments. 
All parties are encouraged to utilize a table of contents, regardless 
of the length of their submission.

Initial Regulatory Flexibility Analysis

    13. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in this Notice of Proposed 
Rulemaking (NPRM). Written public comments are requested on this

[[Page 69893]]

IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines for comments on this NPRM provided above in 
Section IV(C), and they must have a separate and distinct heading 
designating them as responses to the IRFA. The Commission will send a 
copy of the NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration, in accordance with the 
RFA. In addition, the NPRM and IRFA (or summaries thereof) will be 
published in the Federal Register.

A. Need for and Objectives of the Proposed Rules

    14. This NPRM requests comment on two issues that pertain to the 
regulation or possible regulation of certain commercial mobile radio 
service (CMRS) providers' obligations. First, the NPRM requests comment 
on whether the Commission should, either now or in the future, sunset 
the existing ``manual'' roaming requirement. The existing manual 
roaming rule requires that covered cellular, broadband Personal 
Communications Services (PCS) and Specialized Mobile Radio (SMR) 
carriers make service available to individual users upon request, so 
long as the roamer's handset is technically capable of accessing their 
services. ``Manual'' roaming is the most rudimentary form of roaming; 
it is the only form of roaming available when there is no pre-existing 
contractual relationship between a subscriber, or the subscriber's home 
system, and the system on which the subscriber wants to roam. In order 
to make or receive a call, the subscriber must establish such a 
relationship. Typically, the ``manual'' roamer accomplishes this by 
attempting to originate a call by giving a valid credit card number to 
the carrier providing roaming service. Specifically, the NPRM requests 
comment on whether the ``manual'' roaming rule should sunset on five 
years after the last group of initial licenses are issued for broadband 
spectrum, that is, November 24, 2002.
    15. Second, the NPRM requests comment on whether the Commission 
should adopt an ``automatic'' roaming requirement that would apply to 
CMRS providers, and if so, how it should be designed and implemented 
and for what period of time. ``Automatic'' roaming permits a subscriber 
to make and receive calls simply by turning on his or her phone, and it 
requires an agreement between the home and roamed-on systems. 
Specifically, the NPRM seeks comment on whether it should adopt a rule 
requiring carriers that enter ``automatic'' roaming agreements with any 
other carrier to make like agreements available to ``similarly 
situated'' providers under non-discriminatory rates, terms, and 
conditions. The Commission also seeks comment on the potential costs of 
an ``automatic'' roaming rule, including whether it would impede 
technological progress, whether it would interfere with free and open 
competition, and whether it would expose providers to the risk of 
losses due to fraud. The Commission requests comment on what 
administrative costs would be involved, and how any rule should be 
drafted so as to minimize such costs.

B. Legal Basis

    16. The potential actions on which comment is sought in this NPRM 
would be authorized under Secs. 1, 2(a), 4(i), 4(j), 201(b), 251(a), 
253, 303(r), and 332(c)(1)(B) of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152(a), 154(i), 154(j), 201(b), 251(a), 253, 
303(r), and 332(c)(1)(B).

C. Description and Estimate of the Small Entities Subject to the Rules

    17. The RFA requires that an initial regulatory flexibility 
analysis be prepared for notice-and-comment rulemaking proceedings, 
unless the agency certifies that ``the rule will not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities.'' The RFA generally defines ``small entity'' as having the 
same meaning as the terms ``small business,'' ``small organization,'' 
and ``small governmental jurisdiction.'' In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. A small business concern is one which: 
(1) Is independently owned and operated; (2) is not dominant in its 
field of operation; and (3) satisfies any additional criteria 
established by the Small Business Administration (SBA).
    18. To assist the Commission in its analysis, commenters are 
requested to provide information regarding which CMRS entities would be 
affected by the regulations on which the Commission seeks comment in 
this NPRM. In particular, we seek estimates of how many small entities 
that might be affected.
    19. The possible sunset of the existing ``manual'' roaming rule, if 
adopted, would eliminate the requirement that covered cellular, 
broadband PCS and SMR carriers make service available to individual 
users upon request, so long as the roamer's handset is technically 
capable of accessing their services. Sunsetting of this rule would be 
expected to reduce the existing regulatory burden, if any, on small 
businesses that must comply with the requirements of the ``manual'' 
roaming rule.
    20. The ``automatic'' roaming regulations on which the Commission 
seeks comment, if adopted, would apply to providers of cellular, 
broadband PCS, and SMR providers that offer real-time, two-way switched 
voice or data service that is interconnected with the public switched 
network and utilizes an in-network switching facility that enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls.
Estimates for Cellular Licensees
    21. Neither the Commission nor the SBA has developed a definition 
of small entities applicable to cellular licensees. Therefore, the 
applicable definition of a small entity is the definition under the SBA 
rules applicable to radiotelephone (wireless) companies. This provides 
that a small entity is a radiotelephone company employing no more than 
1,500 persons. According to the Bureau of the Census, only twelve 
radiotelephone firms from a total of 1,178 such firms which operated 
during 1992 had 1,000 or more employees. Therefore, even if all twelve 
of these firms were cellular telephone companies, nearly all cellular 
carriers were small businesses under the SBA's definition. In addition, 
we note that there are 1,758 cellular licenses; however, a cellular 
licensee may own several licenses. In addition, according to the most 
recent Trends in Telephone Service data, 808 carriers reported that 
they were engaged in the provision of either cellular service, Personal 
Communications Service (PCS), or Specialized Mobile Radio Telephone 
(SMR) service, which are placed together in the data. We do not have 
data specifying the number of these carriers that are not independently 
owned and operated or have more than 1,500 employees, and thus are 
unable at this time to estimate with greater precision the number of 
cellular service carriers that would qualify as small business concerns 
under the SBA's definition. Consequently, we estimate that there are 
808 or fewer small cellular service carriers that may be affected by 
any regulations adopted pursuant to this proceeding.
    22. Additionally, any rules adopted pursuant to this rulemaking 
will apply to cellular licensees only if they offer real-time, two-way 
switched voice or data service that is interconnected with the public 
switched network and that utilizes an in-network switching facility 
that enables the provider to reuse

[[Page 69894]]

frequencies and accomplish seamless hand-offs of subscriber calls. 
Although the Commission does not have definitive information, we 
estimate that most or all small business cellular licensees offer 
services meeting this description.
Estimates for Broadband PCS Licensees
    23. The broadband PCS spectrum is divided into six frequency blocks 
designated A through F, and the Commission has held auctions for each 
block. The Commission defined ``small entity'' for Blocks C and F as an 
entity that has average gross revenues of less than $40 million or less 
in the three previous calendar years. For Block F, an additional 
classification for ``very small business'' was added and is defined as 
an entity that, together with its affiliates, has average gross 
revenues of not more than $15 million for the preceding three calendar 
years. These regulations defining ``small entity'' in the context of 
broadband PCS auctions have been approved by the SBA. No small 
businesses within the SBA-approved definition bid successfully for 
licenses in Blocks A and B. There were 90 winning bidders that 
qualified as small entities in the Block C auctions. A total of 93 
small and very small business bidders won approximately 40 percent of 
the 1,479 licenses for Blocks D, E, and F. Based on this information, 
we conclude that the number of small broadband PCS licensees will 
include the 90 winning C Block bidders and the 93 qualifying bidders in 
the D, E, and F blocks, for a total of 183 small entity PCS providers 
as defined by the SBA and the Commission's auction rules.
    24. Any rule modifications that will be made pursuant to this 
proceeding will apply to broadband PCS licensees only if they offer 
real-time, two-way switched voice or data service that is 
interconnected with the public switched network and that utilizes an 
in-network switching facility that enables the provider to reuse 
frequencies and accomplish seamless hand-offs of subscriber calls. 
Although the Commission does not have definitive information, we 
estimate that most or all small business broadband PCS licensees offer 
services meeting this description.
Estimates for SMR Licensees
    25. Pursuant to 47 CFR 90.814(b)(1), the Commission has defined 
``small business'' for purposes of auctioning 900 MHz SMR licenses, 800 
MHz SMR licenses for the upper 200 channels, and 800 MHz SMR licenses 
for the lower 230 channels as a firm that has had average annual gross 
revenues of $15 million or less in the three preceding calendar years. 
This small business size standard for the 800 MHz and 900 MHz auctions 
has been approved by the SBA. Any rules adopted pursuant to this NPRM 
will apply to SMR licensees only if they offer real-time, two-way 
switched voice or data service that is interconnected with the public 
switched network and that utilizes an in-network switching facility 
that enables the provider to reuse frequencies and accomplish seamless 
hand-offs of subscriber calls. Although the Commission does not have 
definitive information, we estimate that very few small business, 
incumbent site-by-site SMR licensees offer services meeting this 
description. Geographic licensees are considered more likely to offer 
such services. In all cases, we provide estimates below that are 
conservative so as to not underestimate the impact on small entities.
    26. Sixty winning bidders for geographic area licenses in the 900 
MHz SMR band qualified as small businesses under the $15 million size 
standard. We do not know which of these licensees will offer real-time, 
two-way switched voice or data service that is interconnected with the 
public switched network and that utilizes an in-network switching 
facility that enables the provider to reuse frequencies and accomplish 
seamless hand-offs of subscriber calls. We conservatively estimate that 
the number of small business 900 MHz SMR geographic area licensees that 
could be affected by rule modifications is 60 or fewer.
    27. The auction of the 525 800 MHz SMR geographic area licenses for 
the upper 200 channels began on October 28, 1997, and was completed on 
December 8, 1997. Ten (10) winning bidders for geographic area licenses 
for the upper 200 channels in the 800 MHz SMR band qualified as small 
businesses under the $15 million size standard. We do not know which of 
these licensees will offer real-time, two-way switched voice or data 
service that is interconnected with the public switched network and 
that utilizes an in-network switching facility that enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls. Therefore, we conservatively estimate that the number 
of small business 800 MHz SMR geographic area licensees for the upper 
200 channels that could be affected by rule modifications is ten or 
fewer.
    28. The Commission anticipates that a total of 3,853 EA licenses 
will be auctioned in the lower 230 channels of the 800 MHz SMR service. 
This figure is derived by multiplying the total number of Economic 
Areas (EAs) (175) by the number of channel blocks (22) in the lower 230 
channels. Three additional upper band channels will be licensed as 
well. No party submitting or commenting on the petitions for 
reconsideration giving rise to our Reconsideration of October 8, 1999, 
commented on the potential number of small entities that might 
participate in the auction of the lower 230 channels and no reasonable 
estimate can be made. Therefore, we conclude that the number of 800 MHz 
SMR geographic area licensees for the lower 230 channels that may 
ultimately be affected by this rule modification could be as many as 
3,853.
    29. With respect to licensees operating under extended 
implementation authorizations, by November 1997 thirty-three licensees 
with extended implementation authority in the 800 MHz SMR Service were 
granted two years two complete the buildout of their systems. At this 
time, our records indicate that twenty-seven licensees with extended 
implementation authority still exist, but there may be as few as 
twenty-two remaining as independent entities. The Commission will soon 
receive filings that will clarify the situation. Until then, we will 
assume that there are twenty-seven remaining licensees in this category 
and that they all qualify as small businesses utilizing the SBA's 
wireless size standard of $15 million or less. However, we do not know 
how many of these licensees offer real-time, two-way switched voice or 
data service that is interconnected with the public switched network 
and that utilizes an in-network switching facility that enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls. Therefore, estimating conservatively, we conclude 
that the number of small business SMR licensees operating in the 800 
MHz and 900 MHz bands under extended implementation authorizations that 
could be affected by a rule modification is up to 27 entities.
    30. The Commission does not have an accurate estimate of the number 
of incumbent site-by-site SMR licensees, and a reliable figure will not 
be available until the SMR site-by-site licensees migrate to the 
Universal Licensing System. Making this estimate is complicated by the 
number of recent transactions that have occurred in the 800 MHz SMR 
service. However, our task is also greatly simplified for purposes of 
this regulatory flexibility analysis because we are looking for a very 
specific type of SMR licensee. That is, the licensee must: first, 
qualify as a small business (i.e., average annual

[[Page 69895]]

gross revenues of $15 million or less in the three preceding calendar 
years); second, offer real-time, two-way switched voice or data service 
that is interconnected with the public switched network; and third, use 
an in-network switching facility that enables the provider to reuse 
frequencies and accomplish seamless hand-offs of subscriber calls. 
These criteria greatly restrict the number of SMR providers who could 
be affected by this new rule. Although there may be SMR carriers who 
provide such services it is high unlikely that they will be small 
entities or small businesses given the nature of the SMR providers and 
the development of that industry. Consequently, even though there may 
be no licensees that satisfy these criteria, we err on the sake of 
caution and conclude that 25 small entities may fall into this 
category.

D. Reporting, Recordkeeping, and Other Compliance Requirements

    31. We anticipate that any rules that may be adopted pursuant to 
this NPRM will impose no reporting or recordkeeping requirements. The 
only compliance costs likely to be incurred, as a result, are 
administrative costs to ensure that an entity's practices are in 
compliance with the rule. The only compliance requirement of the new 
rules is that licensees subject to any automatic roaming requirement 
(i.e., cellular licensees, broadband PCS licensees, and geographic area 
800 MHz and 900 MHz SMR licensees that offer real-time, two-way, 
interconnected switched voice and data service) would have to provide 
non-discriminatory access to their wireless systems via automatic 
roaming once they had reached an agreement with any carrier to permit 
automatic roaming. As noted above in this Initial Regulatory 
Flexibility Analysis, and in the text of the NPRM, we seek comment on 
the potential costs of implementing an automatic roaming requirement in 
this context, including such potential costs on small business.

E. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    32. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
the establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\1\
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    \1\ 5 U.S.C. 603(c).
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    33. As noted, the possible sunset of the manual roaming rule, if 
adopted, would be expected to reduce any existing economic impact on 
small business. Therefore, the only possible negative economic impacts 
that might arise from this NPRM are those that would be associated with 
an ``automatic'' roaming rule.
    34. As indicated in the NPRM, were the Commission to propose an 
``automatic'' roaming rule, the subscribers of any carrier requesting 
that another carrier enter a nondiscriminatory automatic roaming 
arrangement would have the burden of ensuring that its subscribers were 
using equipment that is technically capable of accessing the roamed-on 
carrier's network. Thus, to the extent the roamed-on carrier's network 
were that of a smaller carrier, the economic burden of having equipment 
technically capable of accessing the network would not fall on the 
smaller carrier. Also, we note that an automatic roaming rule, if 
adopted, would not require a small business to modify its network to 
accommodate automatic roaming.
    35. In this NPRM, the Commission also specifically has requested 
comments from small businesses that would provide information on the 
extent to which such a rule would impose costs and administrative 
burdens on them. For instance, we inquire whether the costs of such a 
rule would impact smaller carriers disproportionately, such that we 
should fashion the rule to reach only the larger providers. The 
Commission will draw on this information when considering whether a 
rule should be promulgated, and if so, how it can best be drafted to 
minimize any costs placed on small businesses. Furthermore, we inquire 
whether adoption of an ``automatic roaming'' rule would in fact be in 
the best interests of small businesses. Specifically, in considering 
whether or not to adopt an ``automatic roaming'' rule, we inquire of 
smaller carriers whether such a rule would be most beneficial to such 
carriers to the extent they may have difficulty obtaining agreements 
from larger carriers absent such a rule.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    36. Pursuant to the authority of Sections 1, 2(a), 4(i), 4(j), 
201(b), 251(a), 253, 303(r), and 332(c)(1)(B) of the Communications Act 
of 1934, as amended, 47 U.S.C. 151, 152(a), 154(i), 154(j), 201(b), 
251(a), 253, 303(r), and 332(c)(1)(B), and Secs. 1.411 and 1.412 of the 
Commission's rules, 47 CFR 1.411 and 1.412, this Notice of Proposed 
Rulemaking is Adopted.
    37. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Notice of Proposed 
Rulemaking, including the Initial Regulatory Flexibility Analysis, to 
the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 20

    Communications common carriers, Communications equipment.


Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-29773 Filed 11-20-00; 8:45 am]
BILLING CODE 6712-01-U


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