[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Proposed Rules]
[Pages 20949-20950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10472]



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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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