Goto Section: 20.11 | 20.13 | Table of Contents
FCC 20.12
Revised as of October 5, 2017
Goto Year:2016 |
2018
§ 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 Section: 20.11 | 20.13
Goto Year: 2016 |
2018
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