[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Rules and Regulations]
[Pages 4020-4021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2008]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 20, 22, 24, 80, and 90
[GEN Docket No. 93-252, FCC 96-473]
Implementation of Sections 3(n) and 332 of the Communications Act
Regarding Regulatory Treatment of Mobile Services
AGENCY: Federal Communications Commission.
ACTION: Final rule, petitions for reconsideration.
-----------------------------------------------------------------------
SUMMARY: This Order on partial reconsideration of the Second Report and
Order implementing Sections 3(n) and 332 of the Communications Act of
1934 denies two petitions for reconsideration concerning the right of
cellular resellers to interconnect their switching facilities with
those of facilities-based cellular carriers, the Commission's authority
to defer decision on these matters to a separate proceeding, and
interim relief with respect to the reseller switch issue. The action is
taken to resolve these petitions.
EFFECTIVE DATE: January 28, 1997.
FOR FURTHER INFORMATION CONTACT: Jane Phillips, (202) 418-1310, Policy
Division, Wireless Telecommunications Bureau.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Memorandum Opinion
and Order on Partial Reconsideration of Second Report and Order in GN
Docket No. 93-252, FCC 96-473, adopted December 11, 1996, and released
December 20, 1996. The complete text of this Memorandum Opinion and
Order is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W.,
Washington, D.C., and also may be purchased from the Commission's copy
contractor, International Transcription Service, at (202) 857-3800,
2100 M Street, N.W., Suite 140, Washington, D.C. 20037.
Synopsis of the Memorandum Opinion and Order
1. In the CMRS Second Report and Order (59 FR 18493, April 19,
1994), the Commission determined that it did not have a sufficient
record to consider adequately the circumstances in which CMRS providers
may be required to provide interconnection to other carriers, including
resellers. Recognizing the conflicting claims of affected parties, the
complexity of the issues relating to interconnection, and the need to
develop a more thorough record on those issues, the Commission
[[Page 4021]]
deferred consideration of such issues and committed to begin a new
rulemaking proceeding to examine them in depth.
2. Petitioners challenge this decision. One argues that Section
6002(d)(3)(C) of the Budget Act requires the Commission to promulgate
regulations governing CMRS-to-CMRS interconnection no later than August
10, 1994. Both request that questions concerning the right of cellular
resellers to interconnect their own switches to the facilities of
licensed cellular carriers and their right to obtain such
interconnection under reasonable terms and conditions be resolved on
reconsideration, rather than deferred for resolution in other
proceedings. They argue that resellers' interconnection rights must be
determined under Section 201 of the Act, and that cellular resellers
satisfy criteria established under Section 201 to justify an order for
interconnection, i.e., that the request be from a common carrier, and
that the request be ``necessary or desirable to serve the public
interest.''
3. The Order rejects the contention that the Budget Act requires
the Commission to adopt rules mandating CMRS-to-CMRS interconnection by
August 10, 1994. It states further that the express language of the
statute undercuts the Petitioners' claim that CMRS providers have an
unqualified right to interconnect with CMRS providers. Section
332(c)(1)(B) provides that the Commission act ``upon reasonable
request'' and states further that nothing in that section ``shall be
construed as a limitation or expansion of the Commission's authority to
order interconnection pursuant to [Section 201 of] the Act.'' Under
Section 201, the Commission is authorized to grant requests for
interconnection where, ``after opportunity for hearing, [it finds] such
action necessary or desirable in the public interest.'' The Order
points out that nothing in this language gives anyone an absolute right
to interconnection. It concludes therefrom that, even if the Commission
were required to adopt rules to implement Section 332(c)(1)(B) with
respect to CMRS-to-CMRS interconnection, those rules would not have to
mandate such interconnection in all cases.
4. The Order also states that the Commission's decision in the CMRS
Second Report and Order to review the public interest aspects of CMRS-
to-CMRS interconnection in a separate proceeding is not only consistent
with the language of Sections 332 and 201, but also is wholly in accord
with its responsibility and authority to structure and conduct
proceedings efficiently. The Order notes that the Commission initiated
a comprehensive examination of interconnection less than four months
after releasing the CMRS Second Report and Order, and that it later
issued a Second Notice of Proposed Rulemaking (59 FR 37734, July 25,
1994) in the same docket, examining a broad range of issues concerning
CMRS interconnection and CMRS resale, including the reseller switch
issue. The Order denies the request for interim relief implementing the
reseller switch proposal. The Order notes that, during the period in
which the Commission is developing broad interconnection policies in
these proceedings, it has explicitly provided resellers (and others)
the opportunity to file fact-specific complaints concerning CMRS-to-
CMRS interconnection disputes, should such disputes arise.
Ordering Clauses
5. Accordingly, it is ordered, that the Petition for
Reconsideration of the Second Report and Order, Implementation of
Sections 3(n) and 332 of the Communications Act, Regulatory Treatment
of Mobile Services, GN Docket No. 93-252, filed jointly by Cellular
Service, Inc., and ComTech, Inc., and that portion of the Petition for
Reconsideration filed by the National Wireless Resellers Association
that relates to the right of cellular resellers to interconnect with
facilities-based cellular carriers, are denied. This action is taken
pursuant to Sections 4(i), 4(j), 7(a), 201, 303(c), 303(f), 303(g),
303(r), 332(c) and 332(d) of the Communications Act of 1934, 47 U.S.C.
Secs. 154(i), 154(j), 157(a), 201, 303(c), 303(f), 303(g), 303(r),
332(c), 332(d).
List of Subjects
47 CFR Part 20
Commercial mobile radio services, Radio.
47 CFR Part 22
Public mobile services, Radio.
47 CFR Part 24
Personal communications services, Radio.
47 CFR Part 80
Maritime services, Radio.
47 CFR Part 90
Private land mobile services, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-2008 Filed 1-27-97; 8:45 am]
BILLING CODE 6712-01-P
