§  20.12   Resale and roaming.

   (a)(1) Scope of manual roaming and resale . Paragraph (c) of 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 re-use 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.

   (2) Scope of automatic roaming . Paragraph (d) of this section is
   applicable to CMRS carriers if such carriers 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 carrier to re-use frequencies and accomplish seamless
   hand-offs of subscriber calls. Paragraph (d) of this section is also
   applicable to the provision of push-to-talk and text-messaging service
   by CMRS carriers.

   (3) Scope of offering roaming arrangements for commercial mobile data
   services. Paragraph (e) of this section is applicable to all
   facilities-based providers of commercial mobile data services.

   (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) Manual roaming . Each carrier subject to paragraph (a)(1) of this
   section must provide mobile radio service upon request to all
   subscribers in good standing to the services of any carrier subject to
   paragraph (a)(1) of 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.

   (d) Automatic roaming. Upon a reasonable request, it shall be the duty
   of each host carrier subject to paragraph (a)(2) of this section to
   provide automatic roaming to any technologically compatible,
   facilities-based CMRS carrier on reasonable and not unreasonably
   discriminatory terms and conditions, pursuant to Sections 201 and 202
   of the Communications Act, 47 U.S.C. 201 and 202. The Commission shall
   presume that a request by a technologically compatible CMRS carrier for
   automatic roaming is reasonable pursuant to Sections 201 and 202 of the
   Communications Act, 47 U.S.C. 201 and 202. This presumption may be
   rebutted on a case by case basis. The Commission will resolve automatic
   roaming disputes on a case-by-case basis, taking into consideration the
   totality of the circumstances presented in each case.

   (e) Offering roaming arrangements for commercial mobile data services.
   (1) A facilities-based provider of commercial mobile data services is
   required to offer roaming arrangements to other such providers on
   commercially reasonable terms and conditions, subject to the following
   limitations:

   (i) Providers may negotiate the terms of their roaming arrangements on
   an individualized basis;

   (ii) It is reasonable for a provider not to offer a data roaming
   arrangement to a requesting provider that is not technologically
   compatible;

   (iii) It is reasonable for a provider not to offer a data roaming
   arrangement where it is not technically feasible to provide roaming for
   the particular data service for which roaming is requested and any
   changes to the host provider's network necessary to accommodate roaming
   for such data service are not economically reasonable;

   (iv) It is reasonable for a provider to condition the effectiveness of
   a roaming arrangement on the requesting provider's provision of mobile
   data service to its own subscribers using a generation of wireless
   technology comparable to the technology on which the requesting
   provider seeks to roam.

   (2) A party alleging a violation of this section may file a formal or
   informal complaint pursuant to the procedures in § §  1.716 through
   1.718, 1.720, 1.721, and 1.723 through 1.735 of this chapter, which
   sections are incorporated herein. For purposes of §  20.12(e),
   references to a “carrier” or “common carrier” in the formal and
   informal complaint procedures incorporated herein will mean a provider
   of commercial mobile data services. The Commission will resolve such
   disputes on a case-by-case basis, taking into consideration the
   totality of the circumstances presented in each case. The remedy of
   damages shall not be available in connection with any complaint
   alleging a violation of this section. Whether the appropriate
   procedural vehicle for a dispute is a complaint under this paragraph or
   a petition for declaratory ruling under §  1.2 of this chapter may vary
   depending on the circumstances of each case.

   [ 64 FR 61027 , Nov. 9, 1999, as amended at  65 FR 58482 , Sept. 29, 2000;
    72 FR 50074 , Aug. 30, 2007;  75 FR 22276 , Apr. 28, 2010;  76 FR 26220 ,
   May 6, 2011]

   Effective Date Note: At  76 FR 26220 , May 6, 2011, in §  20.12, paragraph
   (e) was added. Paragraph (e)(2) contains information collection and
   recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.

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