[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16881]
[[Page Unknown]]
[Federal Register: July 13, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter I
[CC Docket No. 94-54; FCC 94-145]
Equal Access Obligations of Commercial Mobile Radio Service
Providers; Interconnection Obligations of Local Exchange Carriers to
Commercial Mobile Radio Service Providers; Interconnection Obligations
of Commercial Mobile Radio Service Providers
AGENCY: Federal Communications Commission.
ACTION: Notice of Proposed Rule Making; Notice of Inquiry.
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SUMMARY: This Notice of Proposed Rule Making (NPRM) initiates a rule
making proceeding to examine whether equal access obligations should be
imposed on commercial mobile radio service (CMRS) providers, and
whether the interconnection arrangements between local exchange
carriers (LECs) and CMRS providers should be tariffed. The Notice of
Inquiry (NOI) initiates a broad inquiry into whether the Commission
should impose interconnection obligations on CMRS providers. The NOI
also explores resale obligations and asks parties to address the extent
to which those obligations should be imposed on CMRS providers.
DATES: Comments must be filed on or before August 30, 1994, and reply
comments on or before September 29, 1994.
FOR FURTHER INFORMATION CONTACT:
Barbara Esbin, Common Carrier Bureau, Tariff Division, (202) 418-1520.
ADDRESSES: Federal Communications Commission, 1919 M Street, NW.,
Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rule Making and Notice of Inquiry (Notice) in CC
Docket No. 94-54, FCC 94-145, adopted June 9, 1994, and released July
1, 1994.
The complete text of this Notice is available for inspection and
copying during normal business hours in the FCC Dockets Branch (Room
230), 1919 M Street, NW., Washington, DC, and also may be purchased
from the Commission's copy contractor, International Transcription
Service, Inc. (ITS, Inc.), at (202) 857-3800, 1919 M Street, NW., Room
246, Washington, DC 20554.
Synopsis of Notice
1. The Notice tentatively concludes that the Commission has
authority under Section 201 of the Communications Act to order equal
access when it is in the public interest. The Notice also tentatively
concludes that the public interest evaluation depends upon an analysis
of market power, as well as other important factors such as customer
choice, increased end user access to networks, access to a wider array
of IXC service offerings, and elimination of the different regulatory
treatment of the Bell Operating Company affiliated cellular carriers.
The Notice seeks comment on these tentative conclusions regarding the
relevant legal standard and public interest criteria, and invites
parties to suggest other relevant factors or policy goals that should
be included in the public interest analysis under Section 201.
2. This Notice proposes to require that cellular licensees provide
equal access to interexchange carriers (IXCs) and seeks comment on
whether equal access obligations should be imposed on other CMRS
providers, including resellers of CMRS. Currently, the Commission does
not require CMRS providers to provide equal access.
3. The Notice notes that the Commission has a more fully developed
record on the issue of equal access for cellular service than for any
other CMRS provider and observes that cellular service is an
established, rapidly growing service that provides many customers with
alternate access to networks and services. Because of the limited
record as to the service characteristics of other CMRS providers, such
as those that will provide PCS, specialized mobile radio service or
improved mobile telephone services, the Notice reaches no tentative
conclusions for other CMRS providers. Rather, it seeks comment on
whether the public interest would be served if equal access obligations
were extended to CMRS providers other than cellular providers.
4. The Notice tentatively concludes that the Commission should
adopt a service area boundary definition for purposes of the equal
access obligation, and seeks comment on the circumstances under, or
point at which, a cellular carrier must hand off a call to an
interexchange carrier.
5. The Notice also tentatively concludes that any equal access
obligation should be implemented on a gradual, phased-in basis and
seeks comment on the method that should be employed. In addition, it
seeks comment on service characteristics and other technical issues
related to the implementation of equal access and related cost issues.
6. The Notice seeks comment on whether the Commission should
require LECs to offer interconnection under tariff, or whether the
Commission should retain its current requirement that LECs establish,
through good faith negotiations with CMRS providers, the rates, terms
and conditions of interconnection.
7. The Notice also seeks comment on whether in lieu of imposing a
tariff filing obligation, the Commission should revise the good faith
negotiation requirement by adding two new safeguards against
unreasonably discriminatory rates or conditions.
8. The NOI portion of the Notice asks for comment on the issue of
whether the Commission should require CMRS providers to furnish
interconnection to other mobile service providers. The NOI states that
if the Commission determines that imposing interconnection obligations
would be in the public interest, Section 201(a) of the Communications
Act gives the Commission the authority to order CMRS providers to
establish physical connections with other carriers. The NOI seeks
comment on whether there are public interest concerns that would
justify imposing interstate interconnection obligations regardless of
whether CMRS providers control bottleneck facilities. Further, the NOI
seeks comment on whether, if the Commission concludes that imposition
of CMRS interconnection obligations is not necessary at this time, it
should examine the future need for such obligations as part of an
effort to monitor the CMRS marketplace. The NOI requests parties to
comment on the nature and scope of interconnection obligations the
Commission should establish if the Commission decides to impose such
obligations. The NOI also seeks comment on whether some or all CMRS
providers other than cellular licensees should be required to resell
service to facilities-based or non-facilities based CMRS competitors.
Ex Parte Rules
9. This is a non-restricted notice and comment rule making
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's Rules.\1\
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\1\See generally, Section 1.1206(a) of the Commission's Rules,
47 C.F.R. 1.1206(a).
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Regulatory Flexibility Act
10. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. Sec. 601 et. seq. (1981), the Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA) of the expected impact of the
policies and rules proposed in this Notice on small entities. The IRFA
is contained in Appendix B to the Notice. The Secretary shall cause a
copy of this Notice, including the IRFA, to be sent to the Chief
Counsel for Advocacy of the Small Business Administration in accordance
with Section 603(a) of the Regulatory Flexibility Act.
Authority
11. This action is taken pursuant to Sections 1, 4(i), 4(j), 201,
202, 208, 332, and 403 Communications Act as amended; 47 U.S.C. 154(i),
201, 202, 208, 332, and 403.
12. Accordingly, it is ordered that notice is hereby given of the
proposed regulatory changes described above, and that comment is sought
on these proposals.
13. It is further ordered that pursuant to applicable procedures
set forth in Secs. 1.415 and 1.419 of the Commission's Rules, 47 CFR
1.415 and 1.419, comments shall be filed with William F. Caton, Acting
Secretary, Federal Communications Commission, Washington, DC 20554 on
or before August 30, 1994, and reply comments shall be filed with the
Secretary on or before September 29, 1994. To file formally in this
proceeding, parties must file an original and five copies of all
comments, reply comments, and supporting comments. Parties wishing each
Commissioner to receive a personal copy of their comments must file an
original plus nine copies.
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
[FR Doc. 94-16881 Filed 7-12-94; 8:45 am]
BILLING CODE 6712-01-M
