Goto Section: 20.19 | 20.20 | Table of Contents
Revised as of October 1, 2010
Goto Year:2009 |
§ 20.20 Conditions applicable to provision of CMRS service by incumbent
Local Exchange Carriers.
(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
(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
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
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,
[ 62 FR 63871 , Dec. 3, 1997, as amended at 66 FR 10968 , Feb. 21, 2001]
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Goto Section: 20.19 | 20.20
Goto Year: 2009 |
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