Sec.  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.

   (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 home carrier, outside of
   the   requesting   home  carrier's  home  market,  on  reasonable  and
   nondiscriminatory terms and conditions.

   [ 64 FR 61027 , Nov. 9, 1999, as amended at  65 FR 58482 , Sept. 29, 2000;  72 FR 50074 , Aug. 30, 2007]