Goto Section: 20.11 | 20.13 | Table of Contents
FCC 20.12
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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]
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Goto Year: 2014 |
2016
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