[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