Sec.  20.12   Resale and roaming.

   (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]