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FCC

RIN: 3060-AF58

Publication ID: Spring 2009

Title: Resale and Roaming Obligations Pertaining to Commercial Mobile Radio Services
Abstract: On an interim basis, the First Report and Order extends to broadband PCS and covered SMR providers the cellular rule that prohibits restricting resale of communications services. The new rules sunset five years after the last group of initial licensees for currently allocated broadband PCS spectrum is awarded. The rules also eliminate all exceptions to the rule that allowed cellular licensees to restrict resale by competing with fully operational cellular licensees in the same geographic market. The Commission successfully adopted a Second Report and Order and Third Notice of Proposed Rulemaking in this proceeding. The Second Report and Order extends the Commission's cellular rules on manual roaming by any individual whose handset is capable of accessing the network of a cellular, broadband PCS, or covered SMR provider. The Third NPRM, among other things, sought comment on whether the Commission should adopt rules requiring cellular, broadband PCS, and covered SMR providers to provide automatic roaming in their coverage areas, and whether both automatic and manual roaming requirements should sunset five years after the initial grant of PCS licenses. The Third MO&O generally affirmed the Commission's earlier decision to extend the cellular resale rule to include certain PCS and SMR providers and to sunset the rule until November 24, 2002. However, it modified the prior decision by removing customer premise equipment (CPE) and CPE in bundled packages from the scope of the resale rule, by revising the scope of the resale rule to exclude all C, D, E, and F block PCS licensees that do not own and control and are not controlled by cellular or A or B block licensees, and by exempting from the rule all SMR and other CMRS providers that do not utilize in-network switching facilities.
Agency: Federal Communications Commission(FCC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: Yes	Unfunded Mandates: No
CFR Citation: 47 CFR 20 47 CFR 22
Legal Authority: PL 103-66, sec 6002, Omnibus Budget Reconciliation Act of 1993

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	07/13/1994	59 FR 35664
NOI	07/13/1994	59 FR 35664
NPRM Comment Period End	09/29/1994
NPRM	04/04/1995	60 FR 20949
NPRM Comment Period End	07/14/1995
First R&O	07/12/1996	61 FR 38399
Second R&O and Third NPRM	08/15/1996	61 FR 44026
MO&O and O on Recon	11/09/1999	64 FR 61022

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Federal, State
Small Entities Affected: Businesses
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact: Jane Phillips Attorney Federal Communications Commission Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone:202 418-1310