Goto Section: 47cfr80.pdf.19 | 47cfr80.pdf.21 | Table of Contents

FCC 47cfr80.pdf.20
Revised as of October 1, 2007
Goto Year:2006 | 2008
  
   Skip to content. Skip to side navigation. Quick Navigation:
     * Resources by Topic
     * Business & Economy
     * Education
     * Environment
     * Food & Drugs
     * Grants & Awards
     * Health & Safety
     * Military & Security
     * Science & Technology
     * Social Programs
     * Transportation

   Skip to content. Skip to side navigation. 
   GPO Access Home Page. 

                                                        Quick Navigation:

   [Resources by Topic..] Jump to selected topic. 

                                                             Site Search:
                                                                 advanced

                                       ____________________ Submit Search

   Navigation Bar

             National Archives and Records Administration logo.

                             Database Features.

                                     •

   Browse

                                     •

   Simple Search 

                                     •

   Advanced Search

   * Boolean
                                 * Proximity
   • Search History
   • Search Tips

                                     •

   Corrections

                                     •

   Latest Updates
   • User Info
   • FAQs

                                     •

   Agency List

                                     •

   e-CFR Main Page

                             Related Resources

                                     •

   Code of Federal Regulations

                                     •

   Federal Register

                                     •

   List of CFR
   Sections Affected

                                     •

   Regulations.gov

                                     •

   Unified Agenda

                                     •

   All NARA Publications
   About Government.
   Ben's Guide Logo. 
   Ben's Guide
   to U.S.
   Government

                             Get Adobe Reader 

   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
   of Federal Regulations

                                 blue pill
                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

   Browse Next

PART 20—COMMERCIAL MOBILE RADIO SERVICES
   ___________________________________

   Section Contents
   § 20.1   Purpose.
   § 20.3   Definitions.
   § 20.5   Citizenship.
   § 20.6   CMRS spectrum aggregation limit.
   § 20.7   Mobile services.
   § 20.9   Commercial mobile radio service.
   § 20.11   Interconnection to facilities of local exchange carriers.
   § 20.12   Resale and roaming.
   § 20.13   State petitions for authority to regulate rates.
   § 20.15   Requirements under Title II of the Communications Act.
   § 20.18   911 Service.
   § 20.19   Hearing aid-compatible mobile handsets.
   § 20.20   Conditions applicable to provision of CMRS service by incumbent
   Local Exchange Carriers.
   ___________________________________

   Authority:   47 U.S.C. 154, 160, 201, 251–254, 303, and 332 unless otherwise
   noted.

   Source:    59 FR 18495 , Apr. 19, 1994, unless otherwise noted.

§ 20.1   Purpose.

   top

   The purpose of these rules is to set forth the requirements and conditions
   applicable to commercial mobile radio service providers.

§ 20.3   Definitions.

   top

   Link to an amendment published at  72 FR 50073 , Aug. 30, 2007.

   Appropriate local emergency authority. An emergency answering point that has
   not been officially designated as a Public Safety Answering Point (PSAP),
   but  has  the capability of receiving 911 calls and either dispatching
   emergency services personnel or, if necessary, relaying the call to another
   emergency service provider. An appropriate local emergency authority may
   include, but is not limited, to an existing local law enforcement authority,
   such  as  the police, county sheriff, local emergency medical services
   provider, or fire department.

   Automatic Number Identification (ANI). A system that identifies the billing
   account for a call. For 911 systems, the ANI identifies the calling party
   and may be used as a call back number.

   Commercial mobile radio service. A mobile service that is:

   (a)(1) provided for profit, i.e. , with the intent of receiving compensation
   or monetary gain;

   (2) An interconnected service; and

   (3) Available to the public, or to such classes of eligible users as to be
   effectively available to a substantial portion of the public; or

   (b)  The  functional  equivalent of such a mobile service described in
   paragraph (a) of this section.

   Designated PSAP. The Public Safety Answering Point (PSAP) designated by the
   local or state entity that has the authority and responsibility to designate
   the PSAP to receive wireless 911 calls.

   Incumbent Wide Area SMR Licensees. Licensees who have obtained extended
   implementation authorizations in the 800 MHz or 900 MHz service, either by
   waiver or under Section 90.629 of these rules, and who offer real-time,
   two-way  voice service that is interconnected with the public switched
   network.

   Handset-based location technology. A method of providing the location of
   wireless 911 callers that requires the use of special location-determining
   hardware  and/or software in a portable or mobile phone. Handset-based
   location technology may also employ additional location-determining hardware
   and/or software in the CMRS network and/or another fixed infrastructure.

   Interconnection or Interconnected. Direct or indirect connection through
   automatic or manual means (by wire, microwave, or other technologies such as
   store and forward) to permit the transmission or reception of messages or
   signals to or from points in the public switched network.

   Interconnected Service. A service: (a) That is interconnected with the
   public switched network, or interconnected with the public switched network
   through an interconnected service provider, that gives subscribers the
   capability to communicate to or receive communication from all other users
   on the public switched network; or

   (b) For which a request for such interconnection is pending pursuant to
   section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 332(c)(1)(B). A
   mobile service offers interconnected service even if the service allows
   subscribers to access the public switched network only during specified
   hours of the day, or if the service provides general access to points on the
   public switched network but also restricts access in certain limited ways.
   Interconnected service does not include any interface between a licensee's
   facilities and the public switched network exclusively for a licensee's
   internal control purposes.

   Location-capable handsets. Portable or mobile phones that contain special
   location-determining hardware and/or software, which is used by a licensee
   to locate 911 calls.

   Mobile Service. A radio communication service carried on between mobile
   stations  or  receivers  and  land  stations,  and  by mobile stations
   communicating among themselves, and includes:

   (a) Both one-way and two-way radio communications services;

   (b) A mobile service which provides a regularly interacting group of base,
   mobile,  portable,  and associated control and relay stations (whether
   licensed on an individual, cooperative, or multiple basis) for private
   one-way or two-way land mobile radio communications by eligible users over
   designated areas of operation; and

   (c) Any service for which a license is required in a personal communications
   service under part 24 of this chapter.

   Network-based Location Technology. A method of providing the location of
   wireless 911 callers that employs hardware and/or software in the CMRS
   network and/or another fixed infrastructure, and does not require the use of
   special  location-determining hardware and/or software in the caller's
   portable or mobile phone.

   Private Mobile Radio Service. A mobile service that is neither a commercial
   mobile radio service nor the functional equivalent of a service that meets
   the definition of commercial mobile radio service. Private mobile radio
   service includes the following:

   (a) Not-for-profit land mobile radio and paging services that serve the
   licensee's internal communications needs as defined in part 90 of this
   chapter. Shared-use, cost-sharing, or cooperative arrangements, multiple
   licensed systems that use third party managers or users combining resources
   to meet compatible needs for specialized internal communications facilities
   in  compliance  with  the  safeguards  of  §90.179 of this chapter are
   presumptively private mobile radio services;

   (b) Mobile radio service offered to restricted classes of eligible users.
   This  includes  entities  eligible in the Public Safety Radio Pool and
   Radiolocation service.

   (c) 220–222 MHz land mobile service and Automatic Vehicle Monitoring systems
   (part 90 of this chapter) that do not offer interconnected service or that
   are not-for-profit; and

   (d) Personal Radio Services under part 95 of this chapter (General Mobile
   Services, Radio Control Radio Services, and Citizens Band Radio Services);
   Maritime Service Stations (excluding Public Coast stations) (part 80 of this
   chapter); and Aviation Service Stations (part 87 of this chapter).

   Pseudo Automatic Number Identification (Pseudo-ANI). A number, consisting of
   the same number of digits as ANI, that is not a North American Numbering
   Plan telephone directory number and may be used in place of an ANI to convey
   special  meaning.  The  special  meaning assigned to the pseudo-ANI is
   determined by agreements, as necessary, between the system originating the
   call,  intermediate  systems  handling  and  routing the call, and the
   destination system.

   Public Safety Answering Point. A point that has been designated to receive
   911 calls and route them to emergency service personnel.

   Public Switched Network. Any common carrier switched network, whether by
   wire or radio, including local exchange carriers, interexchange carriers,
   and mobile service providers, that use the North American Numbering Plan in
   connection with the provision of switched services.

   Statewide default answering point. An emergency answering point designated
   by the State to receive 911 calls for either the entire State or those
   portions of the State not otherwise served by a local PSAP.

   [ 59 FR 18495 , Apr. 19, 1994, as amended at  61 FR 38402 , July 24, 1996;  61 FR 40352 , Aug. 2, 1996;  62 FR 18843 , Apr. 17, 1997;  63 FR 2637 , Jan. 16, 1998;
    64 FR 60130 , Nov. 4, 1999;  67 FR 1648 , Jan. 14, 2002]

§ 20.5   Citizenship.

   top

   (a) This rule implements section 310 of the Communications Act, 47 U.S.C.
   310, regarding the citizenship of licensees in the commercial mobile radio
   services. Commercial mobile radio service authorizations may not be granted
   to or held by:

   (1) Any foreign government or any representative thereof;

   (2) Any alien or the representative of any alien;

   (3) Any corporation organized under the laws of any foreign government;

   (4) Any corporation of which more than one-fifth of the capital stock is
   owned of record or voted by aliens or their representatives or by a foreign
   government or representative thereof or by any corporation organized under
   the laws of a foreign country; or

   (5)  Any  corporation  directly  or indirectly controlled by any other
   corporation of which more than one-fourth of the capital stock is owned of
   record or voted by aliens, their representatives, or by a foreign government
   or representative thereof, or by any corporation organized under the laws of
   a foreign country, if the Commission finds that the public interest will be
   served by the refusal or revocation of such license.

   (b) The limits listed in paragraph (a) of this section may be exceeded by
   eligible individuals who held ownership interests on May 24, 1993, pursuant
   to  the  waiver  provisions  established  in  section 332(c)(6) of the
   Communications Act. Transfers of ownership to any other person in violation
   of paragraph (a) of this section are prohibited.

   [ 59 FR 18495 , Apr. 19, 1994, as amended at  61 FR 55580 , Oct. 28, 1996]

§ 20.6   CMRS spectrum aggregation limit.

   top

   (a) Spectrum limitation. No licensee in the broadband PCS, cellular, or SMR
   services (including all parties under common control) regulated as CMRS (
   see 47 CFR 20.9) shall have an attributable interest in a total of more than
   55 MHz of licensed broadband PCS, cellular, and SMR spectrum regulated as
   CMRS with significant overlap in any geographic area.

   (b) SMR spectrum. To calculate the amount of attributable SMR spectrum for
   purposes of paragraph (a) of this section, an entity must count all 800 MHz
   and 900 MHz channels located at any SMR base station inside the geographic
   area (MTA or BTA) where there is significant overlap. All 800 MHz channels
   located on at least one of those identified base stations count as 50 kHz
   (25 kHz paired), and all 900 MHz channels located on at least one of those
   identified base stations count as 25 kHz (12.5 kHz paired); provided that
   any discrete 800 or 900 MHz channel shall be counted only once per licensee
   within the geographic area, even if the licensee in question utilizes the
   same channel at more than one location within the relevant geographic area.
   No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services will
   be attributed to an entity when determining compliance with the cap.

   (c) Significant overlap. (1) For purposes of paragraph (a) of this section,
   significant overlap of a PCS licensed service area and CGSA(s) (as defined
   in §22.911 of this chapter) or SMR service area(s) occurs when at least 10
   percent of the population of the PCS licensed service area for the counties
   contained therein, as determined by the latest available decennial census
   figures as complied by the Bureau of the Census, is within the CGSA(s)
   and/or SMR service area(s).

   (2) The Commission shall presume that an SMR service area covers less than
   10 percent of the population of a PCS service area if none of the base
   stations of the SMR licensee are located within the PCS service area. For an
   SMR licensee's base stations that are located within a PCS service area, the
   channels licensed at those sites will be presumed to cover 10 percent of the
   population of the PCS service area, unless the licensee shows that its
   protected service contour for all of its base stations covers less than 10
   percent of the population of the PCS service area.

   (d) Ownership attribution. For purposes of paragraph (a) of this section,
   ownership  and  other  interests  in broadband PCS licensees, cellular
   licensees, or SMR licensees will be attributed to their holders pursuant to
   the following criteria:

   (1) Controlling interest shall be attributable. Controlling interest means
   majority voting equity ownership, any general partnership interest, or any
   means  of actual working control (including negative control) over the
   operation of the licensee, in whatever manner exercised.

   (2)  Partnership  and other ownership interests and any stock interest
   amounting to 20 percent or more of the equity, or outstanding stock, or
   outstanding voting stock of a broadband PCS, cellular or SMR licensee shall
   be attributed, except that ownership will not be attributed unless the
   partnership and other ownership interests and any stock interest amount to
   at least 40 percent of the equity, or outstanding stock, or outstanding
   voting stock of a broadband PCS, cellular or SMR licensee if the ownership
   interest is held by a small business or a rural telephone company, as these
   terms are defined in §1.2110 of this chapter or other related provisions of
   the Commission's rules, or if the ownership interest is held by an entity
   with  a non-controlling equity interest in a broadband PCS licensee or
   applicant that is a small business.

   (3) Investment companies, as defined in 15 U.S.C. 80a–3, insurance companies
   and banks holding stock through their trust departments in trust accounts
   will be considered to have an attributable interest only if they hold 40
   percent or more of the outstanding voting stock of a corporate broadband
   PCS, cellular or SMR licensee, or if any of the officers or directors of the
   broadband  PCS,  cellular  or  SMR licensee are representatives of the
   investment company, insurance company or bank concerned. Holdings by a bank
   or insurance company will be aggregated if the bank or insurance company has
   any right to determine how the stock will be voted. Holdings by investment
   companies will be aggregated if under common management.

   (4) Non-voting stock shall be attributed as an interest in the issuing
   entity if in excess of the amounts set forth in paragraph (d)(2) of this
   section.

   (5) Debt and instruments such as warrants, convertible debentures, options,
   or other interests (except non-voting stock) with rights of conversion to
   voting interests shall not be attributed unless and until converted, except
   that this provision does not apply in determining whether an entity is a
   small business, a rural telephone company, or a business owned by minorities
   and/or women, as these terms are defined in §1.2110 of this chapter or other
   related provisions of the Commission's rules.

   (6) Limited partnership interests shall be attributed to limited partners
   and shall be calculated according to both the percentage of equity paid in
   and the percentage of distribution of profits and losses.

   (7)  Officers  and directors of a broadband PCS licensee or applicant,
   cellular  licensee,  or  SMR  licensee  shall be considered to have an
   attributable interest in the entity with which they are so associated. The
   officers and directors of an entity that controls a broadband PCS licensee
   or applicant, a cellular licensee, or an SMR licensee shall be considered to
   have an attributable interest in the broadband PCS licensee or applicant,
   cellular licensee, or SMR licensee.

   (8) Ownership interests that are held indirectly by any party through one or
   more   intervening  corporations  will  be  determined  by  successive
   multiplication of the ownership percentages for each link in the vertical
   ownership chain and application of the relevant attribution benchmark to the
   resulting product, except that if the ownership percentage for an interest
   in any link in the chain exceeds 50 percent or represents actual control, it
   shall be treated as if it were a 100 percent interest. (For example, if A
   owns 20% of B, and B owns 40% of licensee C, then A's interest in licensee C
   would be 8%. If A owns 20% of B, and B owns 51% of licensee C, then A's
   interest in licensee C would be 20% because B's ownership of C exceeds 50%.)

   (9) Any person who manages the operations of a broadband PCS, cellular, or
   SMR licensee pursuant to a management agreement shall be considered to have
   an attributable interest in such licensee if such person, or its affiliate,
   has  authority  to  make decisions or otherwise engage in practices or
   activities that determine, or significantly influence,

   (i) The nature or types of services offered by such licensee;

   (ii) The terms upon which such services are offered; or

   (iii) The prices charged for such services.

   (10)  Any  licensee or its affiliate who enters into a joint marketing
   arrangements  with  a broadband PCS, cellular, or SMR licensee, or its
   affiliate shall be considered to have an attributable interest, if such
   licensee, or its affiliate, has authority to make decisions or otherwise
   engage  in  practices  or  activities that determine, or significantly
   influence,

   (i) The nature or types of services offered by such licensee;

   (ii) The terms upon which such services are offered; or

   (iii) The prices charged for such services.

   (e) Divestiture. (1) Divestiture of interests as a result of a transfer of
   control or assignment of authorization must occur prior to consummating the
   transfer or assignment, except that a licensee that meets the requirements
   set forth in paragraph (e)(2) of this section shall have 90 days from final
   grant to come into compliance with the spectrum aggregation limit.

   (2) An applicant with:

   (i)  Controlling or attributable ownership interests in broadband PCS,
   cellular, and/or SMR licenses where the geographic license areas cover 20
   percent or less of the applicant's service area population;

   (ii) Attributable interests in broadband PCS, cellular, and/or SMR licenses
   solely due to management agreements or joint marketing agreements; or

   (iii) Non-controlling attributable interests in broadband PCS, cellular,
   and/or  SMR licenses, regardless of the degree to which the geographic
   license  areas cover the applicant's service area population, shall be
   eligible to have its application granted subject to a condition that the
   licensee shall come into compliance with the spectrum limitation set out in
   paragraph (a) within ninety (90) days after final grant. For purposes of
   this paragraph, a “non-controlling attributable interest” is one in which
   the holder has less than a fifty (50) percent voting interest and there is
   an unaffiliated single holder of a fifty (50) percent or greater voting
   interest.

   (3) The applicant for a license that, if granted, would exceed the spectrum
   aggregation limitation in paragraph (a) of this section shall certify on its
   application  that it and all parties to the application will come into
   compliance with this limitation. If such an applicant is a successful bidder
   in  an auction, it must submit with its long-form application a signed
   statement describing its efforts to date and future plans to come into
   compliance with the spectrum aggregation limitation. A similar statement
   must also be included with any application for assignment of licenses or
   transfer of control that, if granted, would exceed the spectrum aggregation
   limit.

   (4)(i) Parties holding controlling interests in broadband PCS, cellular,
   and/or  SMR  licensees that conflict with the attribution threshold or
   geographic overlap limitations set forth in this section will be considered
   to have come into compliance if they have submitted to the Commission an
   application  for  assignment  of license or transfer of control of the
   conflicting licensee ( see §1.948 of this chapter; see also §24.839 of this
   chapter (PCS)) by which, if granted, such parties no longer would have an
   attributable interest in the conflicting license. Divestiture may be to an
   interim trustee if a buyer has not been secured in the required period of
   time, as long as the applicant has no interest in or control of the trustee,
   and the trustee may dispose of the license as it sees fit. Where parties to
   broadband PCS, cellular, or SMR applications hold less than controlling (but
   still  attributable)  interests  in  broadband  PCS,  cellular, or SMR
   licensee(s), they shall submit a certification that the applicant and all
   parties to the application have come into compliance with the limitations on
   spectrum aggregation set forth in this section.

   (ii) Applicants that meet the requirements of paragraph (e)(2) of this
   section must tender to the Commission within ninety (90) days of final grant
   of the initial license, such an assignment or transfer application or, in
   the case of less than controlling (but still attributable) interests, a
   written certification that the applicant and all parties to the application
   have come into compliance with the limitations on spectrum aggregation set
   forth in this section. If no such transfer or assignment application or
   certification is tendered to the Commission within ninety (90) days of final
   grant of the initial license, the Commission may consider the certification
   and the divestiture statement to be material, bad faith misrepresentations
   and shall invoke the condition on the initial license or the assignment or
   transfer, cancelling or rescinding it automatically, shall retain all monies
   paid to the Commission, and, based on the facts presented, shall take any
   other action it may deem appropriate.

   (f) Sunset. This rule section shall cease to be effective January 1, 2003.

   Note  1 to §20.6: For purposes of the ownership attribution limit, all
   ownership interests in operations that serve at least 10 percent of the
   population of the PCS service area should be included in determining the
   extent of a PCS applicant's cellular or SMR ownership.

   Note 2 to §20.6: When a party owns an attributable interest in more than one
   cellular  or  SMR  system  that overlaps a PCS service area, the total
   population in the overlap area will apply on a cumulative basis.

   Note 3 to §20.6: Waivers of §20.6(d) may be granted upon an affirmative
   showing:

   (1) That the interest holder has less than a 50 percent voting interest in
   the licensee and there is an unaffiliated single holder of a 50 percent or
   greater voting interest;

   (2) That the interest holder is not likely to affect the local market in an
   anticompetitive manner;

   (3)  That the interest holder is not involved in the operations of the
   licensee  and does not have the ability to influence the licensee on a
   regular basis; and

   (4) That grant of a waiver is in the public interest because the benefits to
   the public of common ownership outweigh any potential anticompetitive harm
   to the market.

   [ 64 FR 54574 , Oct. 7, 1999, as amended at  67 FR 1642 , Jan. 14, 2002]

§ 20.7   Mobile services.

   top

   The following are mobile services within the meaning of sections 3(n) and
   332 of the Communications Act, 47 U.S.C. 153(n), 332.

   (a)  Public mobile services (part 22 of this chapter), including fixed
   operations  that support the mobile systems, but excluding Rural Radio
   Service  and Basic Exchange Telecommunications Radio Service (part 22,
   subpart H of this chapter);

   (b)  Private land mobile services (part 90 of this chapter), including
   secondary fixed operations, but excluding fixed services such as call box
   operations and meter reading;

   (c) Mobile satellite services (part 25 of this chapter) including dual-use
   equipment, terminals capable of transmitting while a platform is moving, but
   excluding satellite facilities provided through a transportable platform
   that cannot move when the communications service is offered;

   (d)  Marine  and  aviation services (parts 80 and 87 of this chapter),
   including fixed operations that support these marine and aviation mobile
   systems;

   (e) Personal radio services (part 95 of this chapter), but excluding 218–219
   MHz Service;

   (f) Personal communications services (part 24 of this chapter);

   (g) Auxiliary services provided by mobile service licensees, and ancillary
   fixed communications offered by personal communications service providers;

   (h) Unlicensed services meeting the definition of commercial mobile radio
   service in §20.3, such as the resale of commercial mobile radio services,
   but excluding unlicensed radio frequency devices under part 15 of this
   chapter (including unlicensed personal communications service devices).

   [ 59 FR 18495 , Apr. 19, 1994, as amended at  63 FR 54077 , Oct. 8, 1998]

§ 20.9   Commercial mobile radio service.

   top

   (a)  The following mobile services shall be treated as common carriage
   services and regulated as commercial mobile radio services (including any
   such service offered as a hybrid service or offered on an excess capacity
   basis to the extent it meets the definition of commercial mobile radio
   service, or offered as an auxiliary or ancillary service), pursuant to
   Section 332 of the Communications Act, 47 U.S.C. 332:

   (1) Private Paging (part 90 of this chapter), excluding not-for-profit
   paging systems that serve only the licensee's own internal communications
   needs;

   (2) Stations that offer Industrial/Business Pool (§90.35 of this chapter)
   eligibles for-profit, interconnected service;

   (3) Land Mobile Systems on 220–222 MHz (part 90 of this chapter), except
   services that are not-for-profit or do not offer interconnected service;

   (4) Specialized Mobile Radio services that provide interconnected service
   (part 90 of this chapter);

   (5) Public Coast Stations (part 80, subpart J of this chapter);

   (6) Paging and Radiotelephone Service (part 22, subpart E of this chapter).

   (7) Cellular Radiotelephone Service (part 22, subpart H of this chapter).

   (8) Air-Ground Radiotelephone Service (part 22, subpart G of this chapter).

   (9) Offshore Radiotelephone Service (part 22, subpart I of this chapter).

   (10) Any mobile satellite service involving the provision of commercial
   mobile radio service (by licensees or resellers) directly to end users,
   except that mobile satellite licensees and other entities that sell or lease
   space segment capacity, to the extent that it does not provide commercial
   mobile  radio service directly to end users, may provide space segment
   capacity  to commercial mobile radio service providers on a non-common
   carrier basis, if so authorized by the Commission;

   (11) Personal Communications Services (part 24 of this chapter), except as
   provided in paragraph (b) of this section;

   (12) Mobile operations in the 218–219 MHz Service (part 95, subpart F of
   this chapter) that provide for-profit interconnected service to the public;

   (13)  For-profit  subsidiary  communications  services  transmitted on
   subcarriers within the FM baseband signal, that provide interconnected
   service (47 CFR 73.295 of this chapter); and

   (14) A mobile service that is the functional equivalent of a commercial
   mobile radio service.

   (i) A mobile service that does not meet the definition of commercial mobile
   radio service is presumed to be a private mobile radio service.

   (ii)  Any interested party may seek to overcome the presumption that a
   particular mobile radio service is a private mobile radio service by filing
   a petition for declaratory ruling challenging a mobile service provider's
   regulatory treatment as a private mobile radio service.

   (A) The petition must show that: ( 1 ) The mobile service in question meets
   the definition of commercial mobile radio service; or

   ( 2 ) The mobile service in question is the functional equivalent of a
   service that meets the definition of a commercial mobile radio service.

   (B) A variety of factors will be evaluated to make a determination whether
   the mobile service in question is the functional equivalent of a commercial
   mobile  radio  service,  including: consumer demand for the service to
   determine whether the service is closely substitutable for a commercial
   mobile  radio  service; whether changes in price for the service under
   examination, or for the comparable commercial mobile radio service would
   prompt  customers  to change from one service to the other; and market
   research information identifying the targeted market for the service under
   review.

   (C) The petition must contain specific allegations of fact supported by
   affidavit(s) of person(s) with personal knowledge. The petition must be
   served on the mobile service provider against whom it is filed and contain a
   certificate of service to this effect. The mobile service provider may file
   an opposition to the petition and the petitioner may file a reply. The
   general rules of practice and procedure contained in §§1.1 through 1.52 of
   this chapter shall apply.

   (b) Licensees of a Personal Communications Service or applicants for a
   Personal  Communications Service license, and VHF Public Coast Station
   geographic  area  licensees  or  applicants,  and  Automated  Maritime
   Telecommunications System (AMTS) licensees or applicants, proposing to use
   any Personal Communications Service, VHF Public Coast Station, or AMTS
   spectrum to offer service on a private mobile radio service basis must
   overcome the presumption that Personal Communications Service, VHF Public
   Coast, and AMTS Stations are commercial mobile radio services.

   (1) The applicant or licensee (who must file an application to modify its
   authorization) seeking authority to dedicate a portion of the spectrum for
   private mobile radio service, must include a certification that it will
   offer Personal Communications Service, VHF Public Coast Station, or AMTS
   service on a private mobile radio service basis. The certification must
   include a description of the proposed service sufficient to demonstrate that
   it is not within the definition of commercial mobile radio service in §20.3.
   Any application requesting to use any Personal Communications Service, VHF
   Public Coast Station, or AMTS spectrum to offer service on a private mobile
   radio service basis will be placed on public notice by the Commission.

   (2) Any interested party may file a petition to deny the application within
   30 days after the date of public notice announcing the acceptance for filing
   of the application. The petition shall contain specific allegations of fact
   supported by affidavit(s) of person(s) with personal knowledge to show that
   the applicant's request does not rebut the commercial mobile radio service
   presumption. The petition must be served on the applicant and contain a
   certificate of service to this effect. The applicant may file an opposition
   with allegations of fact supported by affidavit. The petitioner may file a
   reply.  No  additional pleadings will be allowed. The general rules of
   practice and procedure contained in §§1.1 through 1.52 of this chapter and
   §22.30 of this chapter shall apply.

   (c) Any provider of private land mobile service before August 10, 1993
   (including  any  system  expansions, modifications, or acquisitions of
   additional licenses in the same service, even if authorized after this
   date), and any private paging service utilizing frequencies allocated as of
   January  1,  1993, that meet the definition of commercial mobile radio
   service, shall, except for purposes of §20.5 (applicable August 10, 1993 for
   the providers listed in this paragraph), be treated as private mobile radio
   service until August 10, 1996. After this date, these entities will be
   treated as commercial mobile radio service providers regulated under this
   part.

   [ 59 FR 18495 , Apr. 19, 1994, as amended at  62 FR 18843 , Apr. 17, 1997;  63 FR 40062 , July 27, 1998;  64 FR 26887 , May 18, 1999;  64 FR 59659 , Nov. 3, 1999;
    66 FR 10968 , Feb. 21, 2001;  72 FR 31194 , June 6, 2007]

§ 20.11   Interconnection to facilities of local exchange carriers.

   top

   (a)  A local exchange carrier must provide the type of interconnection
   reasonably requested by a mobile service licensee or carrier, within a
   reasonable  time after the request, unless such interconnection is not
   technically feasible or economically reasonable. Complaints against carriers
   under section 208 of the Communications Act, 47 U.S.C. 208, alleging a
   violation of this section shall follow the requirements of §§1.711–1.734 of
   this chapter, 47 CFR 1.7111.734.

   (b) Local exchange carriers and commercial mobile radio service providers
   shall comply with principles of mutual compensation.

   (1)  A  local  exchange carrier shall pay reasonable compensation to a
   commercial mobile radio service provider in connection with terminating
   traffic that originates on facilities of the local exchange carrier.

   (2)  A  commercial  mobile radio service provider shall pay reasonable
   compensation to a local exchange carrier in connection with terminating
   traffic that originates on the facilities of the commercial mobile radio
   service provider.

   (c) Local exchange carriers and commercial mobile radio service providers
   shall also comply with applicable provisions of part 51 of this chapter.

   (d) Local exchange carriers may not impose compensation obligations for
   traffic not subject to access charges upon commercial mobile radio service
   providers pursuant to tariffs.

   (e) An incumbent local exchange carrier may request interconnection from a
   commercial mobile radio service provider and invoke the negotiation and
   arbitration procedures contained in section 252 of the Act. A commercial
   mobile radio service provider receiving a request for interconnection must
   negotiate in good faith and must, if requested, submit to arbitration by the
   state commission. Once a request for interconnection is made, the interim
   transport and termination pricing described in §51.715 of this chapter shall
   apply.

   [ 59 FR 18495 , Apr. 19, 1994, as amended at  61 FR 45619 , Aug. 29, 1996;  70 FR 16145 , Mar. 30, 2005]

§ 20.12   Resale and roaming.

   top

   Link to an amendment published at  72 FR 50074 , Aug. 30, 2007.

   (a) Scope of section. This section is applicable to providers of Broadband
   Personal Communications Services (part 24, subpart E of this chapter),
   Cellular Radio Telephone Service (part 22, subpart H of this chapter), and
   Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands (included
   in part 90, subpart S of this chapter) if such providers 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 scope of paragraph (b) of this section, concerning
   the resale rule, is further limited so as to exclude from the requirements
   of that paragraph those Broadband Personal Communications Services C, D, E,
   and F block licensees that do not own and control and are not owned and
   controlled by firms also holding cellular, A, or B block licenses.

   (b) Resale. The resale rule is applicable as follows:

   (1) Each carrier subject to paragraph (b) of this section shall not restrict
   the  resale  of its services, unless the carrier demonstrates that the
   restriction is reasonable.

   (2) The resale requirement shall not apply to customer premises equipment,
   whether or not it is bundled with services subject to the resale requirement
   in this paragraph.

   (3) This paragraph shall cease to be effective five years after the last
   group of initial licenses for broadband PCS spectrum in the 1850–1910 and
   the 1930–1990 MHz bands is awarded; i.e. , at the close of November 24,
   2002.

   (c) Roaming. Each carrier subject to this section must provide mobile radio
   service upon request to all subscribers in good standing to the services of
   any  carrier  subject  to  this section, including roamers, while such
   subscribers  are located within any portion of the licensee's licensed
   service  area  where  facilities  have been constructed and service to
   subscribers has commenced, if such subscribers are using mobile equipment
   that is technically compatible with the licensee's base stations.

   [ 64 FR 61027 , Nov. 9, 1999, as amended at  65 FR 58482 , Sept. 29, 2000]

§ 20.13   State petitions for authority to regulate rates.

   top

   (a) States may petition for authority to regulate the intrastate rates of
   any  commercial  mobile  radio  service. The petition must include the
   following:

   (1)  Demonstrative  evidence  that  market conditions in the state for
   commercial mobile radio services do not adequately protect subscribers to
   such services from unjust and unreasonable rates or rates that are unjustly
   or  unreasonably discriminatory. Alternatively, a state's petition may
   include demonstrative evidence showing that market conditions for commercial
   mobile radio services do not protect subscribers adequately from unjust and
   unreasonable  rates,  or  rates  that  are  unjustly  or  unreasonably
   discriminatory, and that a substantial portion of the commercial mobile
   radio service subscribers in the state or a specified geographic area have
   no alternative means of obtaining basic telephone service. This showing may
   include  evidence of the range of basic telephone service alternatives
   available to consumers in the state.

   (2) The following is a non-exhaustive list of examples of the types of
   evidence, information, and analysis that may be considered pertinent to
   determine market conditions and consumer protection by the Commission in
   reviewing any petition filed by a state under this section:

   (i) The number of commercial mobile radio service providers in the state,
   the types of services offered by commercial mobile radio service providers
   in the state, and the period of time that these providers have offered
   service in the state;

   (ii)  The  number of customers of each commercial mobile radio service
   provider in the state; trends in each provider's customer base during the
   most recent annual period or other data covering another reasonable period
   if annual data is unavailable; and annual revenues and rates of return for
   each commercial mobile radio service provider;

   (iii) Rate information for each commercial mobile radio service provider,
   including trends in each provider's rates during the most recent annual
   period or other data covering another reasonable period if annual data is
   unavailable;

   (iv) An assessment of the extent to which services offered by the commercial
   mobile  radio  service  providers  the  state proposes to regulate are
   substitutable for services offered by other carriers in the state;

   (v) Opportunities for new providers to enter into the provision of competing
   services, and an analysis of any barriers to such entry;

   (vi) Specific allegations of fact (supported by affidavit of person with
   personal knowledge) regarding anti-competitive or discriminatory practices
   or behavior by commercial mobile radio service providers in the state;

   (vii) Evidence, information, and analysis demonstrating with particularity
   instances of systematic unjust and unreasonable rates, or rates that are
   unjust or unreasonably discriminatory, imposed upon commercial mobile radio
   service subscribers. Such evidence should include an examination of the
   relationship between rates and costs. Additionally, evidence of a pattern of
   such rates, that demonstrates the inability of the commercial mobile radio
   service  marketplace  in the state to produce reasonable rates through
   competitive forces will be considered especially probative; and

   (viii) Information regarding customer satisfaction or dissatisfaction with
   services offered by commercial mobile radio service providers, including
   statistics and other information about complaints filed with the state
   regulatory commission.

   (3) Petitions must include a certification that the state agency filing the
   petition is the duly authorized state agency responsible for the regulation
   of telecommunication services provided in the state.

   (4) Petitions must identify and describe in detail the rules the state
   proposes to establish if the petition is granted.

   (5) States have the burden of proof. Interested parties may file comments in
   support or in opposition to the petition within 30 days after public notice
   of the filing of a petition by a state under this section. Any interested
   party may file a reply within 15 days after the expiration of the filing
   period for comments. No additional pleadings may be filed. Except for §1.45
   of this chapter, practice and procedure rules contained in §§1.42–1.52 of
   this chapter shall apply. The provisions of §§1.771–1.773 of this chapter do
   not apply.

   (6) The Commission shall act upon any petition filed by a state under this
   paragraph not later than the end of the nine-month period after the filing
   of the petition.

   (7) If the Commission grants the petition, it shall authorize the state to
   regulate rates for commercial mobile radio services in the state during a
   reasonable period of time, as specified by the Commission. The period of
   time specified by the Commission will be that necessary to ensure that rates
   are just and reasonable, or not unjustly or unreasonably discriminatory.

   (b) States that regulated rates for commercial mobile services as of June 1,
   1993, may petition the Commission under this section before August 10, 1994,
   to extend this authority.

   (1) The petition will be acted upon by the Commission in accordance with the
   provisions of paragraphs (a)(1) through (a)(5) of this section.

   (2)  The  Commission  shall  act  upon  the  petition  (including  any
   reconsideration) not later than the end of the 12-month period following the
   date of the filing of the petition by the state involved. Commercial mobile
   radio service providers offering such service in the state shall comply with
   the  existing  regulations  of  the  state  until the petition and any
   reconsideration of the petition are acted upon by the Commission.

   (3) The provisions of paragraph (a)(7) of this section apply to any petition
   granted by the Commission under this paragraph.

   (c) No sooner than 18 months from grant of authority by the Commission under
   this section for state rate regulations, any interested party may petition
   the  Commission  for  an order to discontinue state authority for rate
   regulation.

   (1) Petitions to discontinue state authority for rate regulation must be
   based on recent empirical data or other significant evidence demonstrating
   that the exercise of rate authority by a state is no longer necessary to
   ensure that the rates for commercial mobile are just and reasonable or not
   unjustly or unreasonably discriminatory.

   (2) Any interested party may file comments in support of or in opposition to
   the  petition  within 30 days after public notice of the filing of the
   petition. Any interested party may file a reply within 15 days after the
   time for filing comments has expired. No additional pleadings may be filed.
   Except for 1.45 of this chapter, practice and procedure rules contained in
   §1.42–1.52 of this chapter apply. The provisions of §§1.771–1.773 of this
   chapter do not apply.

   (3) The Commission shall act upon any petition filed by any interested party
   under this paragraph within nine months after the filing of the petition.

§ 20.15   Requirements under Title II of the Communications Act.

   top

   (a) Commercial mobile radio services providers, to the extent applicable,
   must comply with sections 201, 202, 206, 207, 208, 209, 216, 217, 223, 225,
   226, 227, and 228 of the Communications Act, 47 U.S.C. 201, 202, 206, 207,
   208, 209, 216, 217, 223, 225, 226, 227, 228; part 68 of this chapter, 47 CFR
   part 68; and §§1.7011.748, and 1.815 of this chapter, 47 CFR 1.7011.748,
   1.815.

   (b) Commercial mobile radio service providers are not required to:

   (1) File with the Commission copies of contracts entered into with other
   carriers  or comply with other reporting requirements, or with §§1.781
   through  1.814 and 43.21 of this chapter; except that commercial radio
   service providers that offer broadband service, as described in §1.7001(a)
   of this chapter or mobile telephony are required to file reports pursuant to
   §§1.7000 and 43.11 of this chapter. For purposes of this section, mobile
   telephony is defined as real-time, two-way switched voice service that is
   interconnected with the public switched network utilizing an in-network
   switching  facility that enables the provider to reuse frequencies and
   accomplish seamless handoff of subscriber calls.

   (2)  Seek  authority  for  interlocking  directors (section 212 of the
   Communications Act);

   (3) Submit applications for new facilities or discontinuance of existing
   facilities (section 214 of the Communications Act).

   (c) Commercial mobile radio service providers shall not file tariffs for
   international and interstate service to their customers, interstate access
   service, or international and interstate operator service. Sections 1.771
   through  1.773  and  part  61  of  this  chapter are not applicable to
   international and interstate services provided by commercial mobile radio
   service providers. Commercial mobile radio service providers shall cancel
   tariffs  for  international and interstate service to their customers,
   interstate  access  service, and international and interstate operator
   service.

   (d) Except as specified as in paragraphs (d)(1) and (2), nothing in this
   section shall be construed to modify the Commission's rules and policies on
   the provision of international service under part 63 of this chapter.

   (1)  Notwithstanding  the  provisions  of §63.21(c) of this chapter, a
   commercial mobile radio service provider is not required to comply with
   §42.10 of this chapter.

   (2) A commercial mobile radio service (CMRS) provider that is classified as
   dominant under §63.10 of this chapter due to an affiliation with a foreign
   carrier is required to comply with §42.11 of this chapter if the affiliated
   foreign  carrier  collects  settlement payments from U.S. carriers for
   terminating U.S. international switched traffic at the foreign end of the
   route. Such a CMRS provider is not required to comply with §42.11, however,
   if it provides service on the affiliated route solely through the resale of
   an unaffiliated facilities-based provider's international switched services.

   (3) For purposes of paragraphs (d)(1) and (2) of this section, affiliated
   and foreign carrier are defined in §63.09 of this Chapter.

   (e) For obligations of commercial mobile radio service providers to provide
   local number portability, see §52.1 of this chapter.

   [ 59 FR 18495 , Apr. 19, 1994, as amended at  61 FR 38637 , July 25, 1996;  63 FR 43040 , Aug. 11, 1998;  65 FR 19685 , Apr. 12, 2000;  65 FR 24654 , Apr. 27,
   2000;  66 FR 16879 , Mar. 28, 2001;  69 FR 77938 , Dec. 29, 2004]

§ 20.18   911 Service.

   top

   (a) Scope of Section . The following requirements are only applicable to
   CMRS providers, excluding mobile satellite service (MSS) operators, to the
   extent that they:

   (1) Offer real-time, two way switched voice service that is interconnected
   with the public switched network; and

   (2) Utilize an in-network switching facility that enables the provider to
   reuse frequencies and accomplish seamless hand-offs of subscriber calls.
   These requirements are applicable to entities that offer voice service to
   consumers by purchasing airtime or capacity at wholesale rates from CMRS
   licensees.

   (b) Basic 911 Service. CMRS providers subject to this section must transmit
   all wireless 911 calls without respect to their call validation process to a
   Public Safety Answering Point, or, where no Public Safety Answering Point
   has been designated, to a designated statewide default answering point or
   appropriate local emergency authority pursuant to §64.3001 of this chapter,
   provided that “all wireless 911 calls” is defined as “any call initiated by
   a wireless user dialing 911 on a phone using a compliant radio frequency
   protocol of the serving carrier.”

   (c) TTY Access to 911 Services. CMRS providers subject to this section must
   be capable of transmitting 911 calls from individuals with speech or hearing
   disabilities through means other than mobile radio handsets, e.g. , through
   the use of Text Telephone Devices (TTY).

   (d) Phase I enhanced 911 services. (1) As of April 1, 1998, or within six
   months of a request by the designated Public Safety Answering Point as set
   forth  in paragraph (j) of this section, whichever is later, licensees
   subject to this section must provide the telephone number of the originator
   of a 911 call and the location of the cell site or base station receiving a
   911 call from any mobile handset accessing their systems to the designated
   Public Safety Answering Point through the use of ANI and Pseudo-ANI.

   (2) When the directory number of the handset used to originate a 911 call is
   not available to the serving carrier, such carrier's obligations under the
   paragraph (d)(1) of this section extend only to delivering 911 calls and
   available call party information, including that prescribed in paragraph (l)
   of this section, to the designated Public Safety Answering Point.

   Note to paragraph(d): With respect to 911 calls accessing their systems
   through the use of TTYs, licensees subject to this section must comply with
   the requirements in paragraphs (d)(1) and (d)(2) of this section, as to
   calls made using a digital wireless system, as of October 1, 1998.

   (e) Phase II enhanced 911 service. Licensees subject to this section must
   provide to the designated Public Safety Answering Point Phase II enhanced
   911 service, i.e. , the location of all 911 calls by longitude and latitude
   in conformance with Phase II accuracy requirements ( see paragraph (h) of
   this section).

   (f) Phase-in for network-based location technologies. Licensees subject to
   this section who employ a network-based location technology shall provide
   Phase II 911 enhanced service to at least 50 percent of their coverage area
   or 50 percent of their population beginning October 1, 2001, or within 6
   months of a PSAP request, whichever is later; and to 100 percent of their
   coverage area or 100 percent of their population within 18 months of such a
   request or by October 1, 2002, whichever is later.

   (g) Phase-in for handset-based location technologies. Licensees subject to
   this section who employ a handset-based location technology may phase in
   deployment  of Phase II enhanced 911 service, subject to the following
   requirements:

   (1) Without respect to any PSAP request for deployment of Phase II 911
   enhanced service, the licensee shall:

   (i) Begin selling and activating location-capable handsets no later than
   October 1, 2001;

   (ii) Ensure that at least 25 percent of all new handsets activated are
   location-capable no later than December 31, 2001;

   (iii) Ensure that at least 50 percent of all new handsets activated are
   location-capable no later than June 30, 2002; and

   (iv) Ensure that 100 percent of all new digital handsets activated are
   location-capable no later than December 31, 2002, and thereafter.

   (v) By December 31, 2005, achieve 95 percent penetration of location-capable
   handsets among its subscribers.

   (vi) Licensees that meet the enhanced 911 compliance obligations through
   GPS-enabled handsets and have commercial agreements with resellers will not
   be required to include the resellers' handset counts in their compliance
   percentages.

   (2) Once a PSAP request is received, the licensee shall, in the area served
   by the PSAP, within six months or by October 1, 2001, whichever is later:

   (i) Install any hardware and/or software in the CMRS network and/or other
   fixed  infrastructure,  as needed, to enable the provision of Phase II
   enhanced 911 service; and

   (ii) Begin delivering Phase II enhanced 911 service to the PSAP.

   (3) For all 911 calls from portable or mobile phones that do not contain the
   hardware and/or software needed to enable the licensee to provide Phase II
   enhanced 911 service, the licensee shall, after a PSAP request is received,
   support, in the area served by the PSAP, Phase I location for 911 calls or
   other  available best practice method of providing the location of the
   portable or mobile phone to the PSAP.

   (4) Licensees employing handset-based location technologies shall ensure
   that location-capable portable or mobile phones shall conform to industry
   interoperability standards designed to enable the location of such phones by
   multiple licensees.

   (h) Phase II accuracy. Licensees subject to this section shall comply with
   the following standards for Phase II location accuracy and reliability:

   (1) For network-based technologies: 100 meters for 67 percent of calls, 300
   meters for 95 percent of calls;

   (2) For handset-based technologies: 50 meters for 67 percent of calls, 150
   meters for 95 percent of calls.

   (3) For the remaining 5 percent of calls, location attempts must be made and
   a location estimate for each call must be provided to the appropriate PSAP.

   (i) Reports on Phase II plans. Licensees subject to this section shall
   report to the Commission their plans for implementing Phase II enhanced 911
   service, including the location-determination technology they plan to employ
   and the procedure they intend to use to verify conformance with the Phase II
   accuracy requirements by November 9, 2000. Licensees are required to update
   these plans within thirty days of the adoption of any change. These reports
   and updates may be filed electronically in a manner to be designated by the
   Commission.

   (j) Conditions for enhanced 911 services —(1) Generally. The requirements
   set forth in paragraphs (d) through (h) of this section shall be applicable
   only if the administrator of the designated Public Safety Answering Point
   has requested the services required under those paragraphs and the Public
   Safety  Answering Point is capable of receiving and utilizing the data
   elements associated with the service and a mechanism for recovering the
   Public Safety Answering Point's costs of the enhanced 911 service is in
   place.

   (2) Commencement of six-month period. (i) Except as provided in paragraph
   (ii) of this section, for purposes of commencing the six-month period for
   carrier implementation specified in paragraphs (d), (f) and (g) of this
   section, a PSAP will be deemed capable of receiving and utilizing the data
   elements associated with the service requested, if it can demonstrate that
   it has:

   (A) Ordered the necessary equipment and has commitments from suppliers to
   have it installed and operational within such six-month period; and

   (B) Made a timely request to the appropriate local exchange carrier for the
   necessary trunking, upgrades, and other facilities.

   (ii)  For  purposes  of  commencing  the  six-month period for carrier
   implementation specified in paragraphs (f) and (g) of this section, a PSAP
   that is Phase I-capable using a Non-Call Path Associated Signaling (NCAS)
   technology  will be deemed capable of receiving and utilizing the data
   elements associated with Phase II service if it can demonstrate that it has
   made a timely request to the appropriate local exchange carrier for the ALI
   database upgrade necessary to receive the Phase II information.

   (3) Tolling of six-month period. Where a wireless carrier has served a
   written request for documentation on the PSAP within 15 days of receiving
   the PSAP's request for Phase I or Phase II enhanced 911 service, and the
   PSAP fails to respond to such request within 15 days of such service, the
   six-month period for carrier implementation specified in paragraphs (d),
   (f), and (g) of this section will be tolled until the PSAP provides the
   carrier with such documentation.

   (4) Carrier certification regarding PSAP readiness issues. At the end of the
   six-month period for carrier implementation specified in paragraphs (d), (f)
   and (g) of this section, a wireless carrier that believes that the PSAP is
   not capable of receiving and utilizing the data elements associated with the
   service requested may file a certification with the Commission. Upon filing
   and  service  of  such  certification, the carrier may suspend further
   implementation efforts, except as provided in paragraph (j)(4)(x) of this
   section.

   (i) As a prerequisite to filing such certification, no later than 21 days
   prior to such filing, the wireless carrier must notify the affected PSAP, in
   writing, of its intent to file such certification. Any response that the
   carrier  receives  from  the  PSAP must be included with the carrier's
   certification filing.

   (ii)  The  certification  process  shall  be subject to the procedural
   requirements set forth in sections 1.45 and 1.47 of this chapter.

   (iii) The certification must be in the form of an affidavit signed by a
   director or officer of the carrier, documenting:

   (A) The basis for the carrier's determination that the PSAP will not be
   ready;

   (B) Each of the specific steps the carrier has taken to provide the E911
   service requested;

   (C) The reasons why further implementation efforts cannot be made until the
   PSAP becomes capable of receiving and utilizing the data elements associated
   with the E911 service requested; and

   (D) The specific steps that remain to be completed by the wireless carrier
   and, to the extent known, the PSAP or other parties before the carrier can
   provide the E911 service requested.

   (iv)  All affidavits must be correct. The carrier must ensure that its
   affidavit is correct, and the certifying director or officer has the duty to
   personally determine that the affidavit is correct.

   (v)  A  carrier  may  not engage in a practice of filing inadequate or
   incomplete certifications for the purpose of delaying its responsibilities.

   (vi) To be eligible to make a certification, the wireless carrier must have
   completed  all necessary steps toward E911 implementation that are not
   dependent on PSAP readiness.

   (vii) A copy of the certification must be served on the PSAP in accordance
   with §1.47 of this chapter. The PSAP may challenge in writing the accuracy
   of the carrier's certification and shall serve a copy of such challenge on
   the carrier. See §§1.45 and 1.47 and §§1.720 through 1.736 of this chapter.

   (viii) If a wireless carrier's certification is facially inadequate, the
   six-month implementation period specified in paragraphs (d), (f) and (g) of
   this section will not be suspended as provided for in paragraph (j)(4) of
   this section.

   (ix) If a wireless carrier's certification is inaccurate, the wireless
   carrier will be liable for noncompliance as if the certification had not
   been filed.

   (x) A carrier that files a certification under paragraph (j)(4) of this
   section shall have 90 days from receipt of the PSAP's written notice that it
   is capable of receiving and utilizing the data elements associated with the
   service  requested  to  provide  such  service  in accordance with the
   requirements of paragraphs (d) through (h) of this section.

   (5) Modification of deadlines by agreement. Nothing in this section shall
   prevent Public Safety Answering Points and carriers from establishing, by
   mutual consent, deadlines different from those imposed for carrier and PSAP
   compliance in paragraphs (d), (f), and (g)(2) of this section.

   (k) Dispatch service. A service provider covered by this section who offers
   dispatch service to customers may meet the requirements of this section with
   respect to customers who utilize dispatch service either by complying with
   the requirements set forth in paragraphs (b) through (e) of this section, or
   by routing the customer's emergency calls through a dispatcher. If the
   service  provider  chooses  the latter alternative, it must make every
   reasonable effort to explicitly notify its current and potential dispatch
   customers and their users that they are not able to directly reach a PSAP by
   calling 911 and that, in the event of an emergency, the dispatcher should be
   contacted.

   (l) Non-service-initialized handsets. (1) Licensees subject to this section
   that donate a non-service-initialized handset for purposes of providing
   access to 911 services are required to:

   (i) Program each handset with 911 plus the decimal representation of the
   seven  least  significant  digits  of  the  Electronic  Serial Number,
   International Mobile Equipment Identifier, or any other identifier unique to
   that handset;

   (ii) Affix to each handset a label which is designed to withstand the length
   of service expected for a non-service-initialized phone, and which notifies
   the  user  that the handset can only be used to dial 911, that the 911
   operator will not be able to call the user back, and that the user should
   convey the exact location of the emergency as soon as possible; and

   (iii) Institute a public education program to provide the users of such
   handsets    with    information    regarding    the   limitations   of
   non-service-initialized handsets.

   (2) Manufacturers of 911-only handsets that are manufactured on or after May
   3, 2004, are required to:

   (i) Program each handset with 911 plus the decimal representation of the
   seven  least  significant  digits  of  the  Electronic  Serial Number,
   International Mobile Equipment Identifier, or any other identifier unique to
   that handset;

   (ii) Affix to each handset a label which is designed to withstand the length
   of service expected for a non-service-initialized phone, and which notifies
   the  user  that the handset can only be used to dial 911, that the 911
   operator will not be able to call the user back, and that the user should
   convey the exact location of the emergency as soon as possible; and

   (iii) Institute a public education program to provide the users of such
   handsets with information regarding the limitations of 911-only handsets.

   (3)  Definitions. The following definitions apply for purposes of this
   paragraph.

   (i) Non-service-initialized handset. A handset for which there is no valid
   service contract with a provider of the services enumerated in paragraph (a)
   of this section.

   (ii)  911-only  handset.  A  non-service-initialized  handset  that is
   manufactured with the capability of dialing 911 only and that cannot receive
   incoming calls.

   (m) Reseller obligation. (1) Beginning December 31, 2006, resellers have an
   obligation, independent of the underlying licensee, to provide access to
   basic and enhanced 911 service to the extent that the underlying licensee of
   the facilities the reseller uses to provide access to the public switched
   network complies with sections 20.18(d)–(g).

   (2) Resellers have an independent obligation to ensure that all handsets or
   other devices offered to their customers for voice communications and sold
   after December 31, 2006 are capable of transmitting enhanced 911 information
   to the appropriate PSAP, in accordance with the accuracy requirements of
   section 20.18(i).

   [ 63 FR 2637 , Jan. 16, 1998, as amended at  64 FR 60130 , Nov. 4, 1999;  64 FR 72956 , Dec. 29, 1999;  65 FR 58661 , Oct. 2, 2000;  65 FR 82295 , Dec. 28, 2000;
    66 FR 55623 , Nov. 2, 2001;  67 FR 1648 , Jan. 14, 2002;  67 FR 36117 , May 23,
   2002;  68 FR 2918 , Jan. 22, 2003;  69 FR 2519 , Jan. 16, 2004;  69 FR 6581 , Feb.
   11, 2004;  72 FR 27708 , May 16, 2007]

   Effective Date Notes:   1. At  68 FR 2918 , Jan. 22, 2003, §20.18, paragraph
   (j) was revised. Paragraphs (j)(4) and (5) contain information collection
   and recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.

   2. At  72 FR 27708 , May 16, 2007, §20.18, paragraph (a) was revised. The
   paragraph contains information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.

§ 20.19   Hearing aid-compatible mobile handsets.

   top

   (a) Scope of Section . Providers of digital CMRS are subject to hearing
   aid-compatibility requirements to the extent that they:

   (1)  Offer  real-time,  two way switched voice or data service that is
   interconnected with the public switched network; and

   (2) Utilize an in-network switching facility that enables the provider to
   reuse frequencies and accomplish seamless hand-offs of subscriber calls.
   Such providers are subject to the requirements set forth in this section to
   the extent that the established technical standard or standards specified in
   paragraph (b) of this section are applicable to the service provided. This
   section also applies to the manufacturers of the wireless phones used in
   delivery of the services specified in this paragraph.

   (b)  Technical  standard for hearing aid compatibility . The technical
   standard set forth in the standard document ANSI C63.19–2001 “American
   National  Standard for Methods of Measurement of Compatibility between
   Wireless  Communication  Devices  and  Hearing Aids, ANSI C63.19–2001”
   (published October 8, 2001—available for purchase from the American National
   Standards  Institute) is applicable to providers of Broadband Personal
   Communications Services (part 24, subpart E of this chapter), Cellular Radio
   Telephone Service (part 22, subpart H of this chapter), and Specialized
   Mobile Radio Services in the 800 MHz and 900 MHz bands (including in part
   980, subpart S of this chapter). A wireless phone used for these services is
   hearing aid compatible for the purposes of this section if it meets, at a
   minimum:

   (1)  For radio frequency interference: U3 as set forth in the standard
   document  ANSI  C63.19–2001 “American National Standard for Methods of
   Measurement of Compatibility between Wireless Communication Devices and
   Hearing Aids, ANSI C63.19–2001” (published October 8, 2001—available for
   purchase from the American National Standards Institute); and

   (2) For inductive coupling: U3T rating as set forth in the standard document
   ANSI C63.19–2001 “American National Standard for Methods of Measurement of
   Compatibility between Wireless Communication Devices and Hearing Aids, ANSI
   C63.19–2001” (published October 8, 2001—available for purchase from the
   American National Standards Institute).

   (3) Manufacturers must certify compliance with the test requirements and
   indicate the appropriate U-rating for the wireless phone as set forth in
   §2.1033(d) of this chapter.

   (4) All factual questions of whether a wireless phone meets the technical
   standard of this subsection shall be referred for resolution to Chief,
   Office of Engineering and Technology, Federal Communications Commission, 445
   12th Street SW., Washington, DC 20554.

   (c) Phase-in for public mobile service handsets concerning radio frequency
   interference. (1) Each manufacturer of handsets used with public mobile
   services for use in the United States or imported for use in the United
   States must:

   (i) Offer to service providers at least two handset models for each air
   interface offered that comply with §20.19(b)(1) by September 16, 2005; and

   (ii) Ensure at least 50 percent of their handset offerings for each air
   interface offered comply with §20.19(b)(1) by February 18, 2008.

   (2) And each provider of public mobile radio services must:

   (i)(A) Include in its handset offerings at least two handset models per air
   interface that comply with §20.19(b)(1) by September 16, 2005, and make
   available in each retail store owned or operated by the provider all of
   these handset models for consumers to test in the store; or

   (B) In the event a provider of public mobile radio services is using a TDMA
   air interface and plans to overbuild ( i.e. , replace) its network to employ
   alternative air interface(s), it must:

   ( 1 ) Offer two handset models that comply with §20.19(b)(1) by September
   16, 2005, to its customers that receive service from the overbuilt ( i.e. ,
   non-TDMA) portion of its network, and make available in each retail store it
   owns or operates all of these handset models for consumers to test in the
   store:

   ( 2 ) Overbuild ( i.e. , replace) its entire network to employ alternative
   air interface(s), and

   ( 3 ) Complete the overbuild by September 18, 2006; and

   (ii) Ensure that at least 50 percent of its handset models for each air
   interface comply with §20.19(b)(1) by February 18, 2008, calculated based on
   the total number of unique digital wireless handset models the carrier
   offers nationwide.

   (3) Each Tier I carrier must:

   (i)(A) Include in its handset offerings four digital wireless handset models
   per air interface or twenty-five percent of the total number of digital
   wireless handset models offered by the carrier nationwide (calculated based
   on the total number of unique digital wireless handset models the carrier
   offers  nationwide) per air interface that comply with §20.19(b)(1) by
   September  16,  2005, and make available in each retail store owned or
   operated by the carrier all of these handset models for consumers to test in
   the store; and

   (B) Include in its handset offerings five digital wireless handset models
   per air interface or twenty-five percent of the total number of digital
   wireless handset models offered by the carrier nationwide (calculated based
   on the total number of unique digital wireless handset models the carrier
   offers  nationwide) per air interface that comply with §20.19(b)(1) by
   September  16,  2006, and make available in each retail store owned or
   operated by the carrier all of these handset models for consumers to test in
   the store; and

   (ii) Ensure that at least 50 percent of their handset models for each air
   interface comply with §20.19(b)(1) by February 18, 2008, calculated based on
   the total number of unique digital wireless phone models the carrier offers
   nationwide.

   (d)  Phase-in  for public mobile service handsets concerning inductive
   coupling. (1) Each manufacturer of handsets used with public mobile services
   for use in the United Sates or imported for use in the United States must
   offer  to  service  providers at least two handset models for each air
   interface offered that comply with §20.19(b)(2) by September 18, 2006.

   (2) And each provider of public mobile service must include in their handset
   offerings at least two handset models for each air interface that comply
   with §20.19(b)(2) by September 18, 2006 and make available in each retail
   store owned or operated by the provider all of these handset models for
   consumers to test in the store.

   (e) De minimis exception. (1) Manufacturers or mobile service providers that
   offer two or fewer digital wireless handsets in the U.S. are exempt from the
   requirements of this section. For mobile service providers that obtain
   handsets only from manufacturers that offer two or fewer digital wireless
   phone models in the U.S., the service provider would likewise be exempt from
   the requirements of this section.

   (2) Manufacturers or mobile service providers that offer three digital
   wireless handset models, must make at least one compliant phone model in two
   years. Mobile service providers that obtain handsets only from manufacturers
   that offer three digital wireless phone models in the U.S. would be required
   to offer at least one compliant handset model.

   (f) Labeling requirements. Handsets used with public mobile services that
   are hearing aid compatible, as defined in §20.19(b) of this chapter, shall
   clearly  display  the  U-rating, as defined in 20.19(b)(1), (2) on the
   packaging material of the handset. An explanation of the ANSI C63.19–2001
   U-rating system shall also be included in the owner's manual or as an insert
   in the packaging material for the handset.

   (g) Enforcement. Enforcement of this section is hereby delegated to those
   states which adopt this section and provide for enforcement. The procedures
   followed by a state to enforce this section shall provide a 30-day period
   after a complaint is filed, during which time state personnel shall attempt
   to resolve a dispute on an informal basis. If a state has not adopted or
   incorporated this section, or failed to act within 6 months from the filing
   of a complaint with the state public utility commission, the Commission will
   accept such complaints. A written notification to the complainant that the
   state believes action is unwarranted is not a failure to act. The procedures
   set forth in part 68, subpart E of this chapter are to be followed.

   [ 68 FR 54175 , Sept. 16, 2003, as amended at  70 FR 43325 , July 27, 2005;  72 FR 27709 , May 16, 2007]

§ 20.20   Conditions applicable to provision of CMRS service by incumbent Local
Exchange Carriers.

   top

   (a) Separate affiliate. An incumbent LEC providing in-region broadband CMRS
   shall  provide  such  services through an affiliate that satisfies the
   following requirements:

   (1)  The  affiliate  shall maintain separate books of account from its
   affiliated incumbent LEC. Nothing in this section requires the affiliate to
   maintain separate books of account that comply with part 32 of this chapter;

   (2) The affiliate shall not jointly own transmission or switching facilities
   with its affiliated incumbent LEC that the affiliated incumbent LEC uses for
   the  provision of local exchange service in the same in-region market.
   Nothing in this section prohibits the affiliate from sharing personnel or
   other resources or assets with its affiliated incumbent LEC; and

   (3) The affiliate shall acquire any services from its affiliated incumbent
   LEC for which the affiliated incumbent LEC is required to file a tariff at
   tariffed  rates, terms, and conditions. Other transactions between the
   affiliate and the incumbent LEC for services that are not acquired pursuant
   to tariff must be reduced to writing and must be made on a compensatory,
   arm's length basis. All transactions between the incumbent LEC and the
   affiliate are subject to part 32 of this chapter, including the affiliate
   transaction rules. Nothing in this section shall prohibit the affiliate from
   acquiring  any unbundled network elements or exchange services for the
   provision of a telecommunications service from its affiliated incumbent LEC,
   subject  to  the same terms and conditions as provided in an agreement
   approved under section 252 of the Communications Act of 1934, as amended.

   (b) Independence. The affiliate required in paragraph (a) of this section
   shall be a separate legal entity from its affiliated incumbent LEC. The
   affiliate may be staffed by personnel of its affiliated incumbent LEC,
   housed in existing offices of its affiliated incumbent LEC, and use its
   affiliated  incumbent  LEC's  marketing and other services, subject to
   paragraphs (a)(3) and (c) of this section.

   (c) Joint marketing. Joint marketing of local exchange and exchange access
   service and CMRS services by an incumbent LEC shall be subject to part 32 of
   this chapter. In addition, such agreements between the affiliate and the
   incumbent LEC must be reduced to writing and made available for public
   inspection upon request at the principle place of business of the affiliate
   and  the incumbent LEC. The documentation must include a certification
   statement identical to the certification statement currently required to be
   included with all Automated Reporting and Management Information Systems
   (ARMIS)  reports.  The  affiliate must also provide a detailed written
   description of the terms and conditions of the transaction on the Internet
   within 10 days of the transaction through the affiliate's home page.

   (d) Exceptions. (1) Rural telephone companies. Rural telephone companies are
   exempted from the requirements set forth in paragraphs (a), (b) and (c) of
   this section. A competing telecommunications carrier, interconnected with
   the rural telephone company, however, may petition the FCC to remove the
   exemption, or the FCC may do so on its own motion, where the rural telephone
   company has engaged in anticompetitive conduct.

   (2) Incumbent LECs with fewer than 2 percent of subscriber lines. Incumbent
   LECs with fewer than 2 percent of the nation's subscriber lines installed in
   the aggregate nationwide may petition the FCC for suspension or modification
   of  the  requirements set forth in paragraphs (a), (b) and (c) of this
   section.  The  FCC  will grant such a petition where the incumbent LEC
   demonstrates that suspension or modification of the separate affiliate
   requirement is

   (i) Necessary to avoid a significant adverse economic impact on users of
   telecommunications services generally or to avoid a requirement that would
   be unduly economically burdensome, and

   (ii) Consistent with the public interest, convenience, and necessity.

   (e) Definitions. Terms used in this section have the following meanings:

   Affiliate. “Affiliate” means a person that (directly or indirectly) owns or
   controls, is owned or controlled by, or is under common ownership with,
   another person. For purposes of this section, the term “own” means to own an
   equity interest (or the equivalent thereof) of more than 10 percent.

   Broadband Commercial Mobile Radio Service (Broadband CMRS). For the purposes
   of this section, “broadband CMRS” means Cellular Radiotelephone Service
   (part 22, subpart H of this chapter), Specialized Mobile Radio (part 90,
   subpart S of this chapter), and broadband Personal Communications Services
   (part 24, subpart E of this chapter).

   Incumbent Local Exchange Carrier (Incumbent LEC). “Incumbent LEC” has the
   same meaning as that term is defined in §51.5 of this chapter.

   In-region. For the purposes of this section, an incumbent LEC's broadband
   CMRS  service is considered “in-region” when 10 percent or more of the
   population covered by the CMRS affiliate's authorized service area, as
   determined by the 1990 census figures, is within the affiliated incumbent
   LEC's wireline service area.

   Rural Telephone Company. “Rural Telephone Company” has the same meaning as
   that term is defined in §51.5 of this chapter.

   (f) Sunset. This section will no longer be effective after January 1, 2002.

   [ 62 FR 63871 , Dec. 3, 1997, as amended at  66 FR 10968 , Feb. 21, 2001]
   Browse Next
             _________________________________________________

  For questions or comments regarding e-CFR editorial content, features, or
                        design, email ecfr@nara.gov.
   For questions concerning e-CFR programming and delivery issues, email
                              webteam@gpo.gov.
                        Section 508 / Accessibility
   August 1, 2007 -->


Goto Section: 47cfr80.pdf.19 | 47cfr80.pdf.21

Goto Year: 2006 | 2008
CiteFind - See documents on FCC website that cite this rule

Want to support this service?
Thanks!

Report errors in this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public