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

Title 47: Telecommunication

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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.

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

§ 20.3 Definitions.

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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

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.

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(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.

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(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.

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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.

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(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.

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(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 1.711–1.734.

(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.

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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.

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(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.

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(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 §§1.701–1.748, and 1.815 of this chapter, 47 CFR 1.701–1.748,
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.

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(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:

(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.

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(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.

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(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]
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