[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Proposed Rules]
[Pages 15753-15754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8756]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-54, FCC 96-126]


Wireless Telecommunications Services; Commercial Mobile Radio 
Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; dismissal.

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SUMMARY: This Order terminates the Commission's inquiry into the 
imposition of equal access requirements on commercial mobile radio 
services (CMRS) providers. In light of recent amendments to the 
Communications Act of 1934, as amended, the Commission now finds that 
it no longer has the authority to require CMRS providers to offer equal 
access to common carriers for the provision of telephone toll services, 
and although the Commission is authorized in certain circumstances to 
prescribe regulations to afford subscribers unblocked access to the 
provider of telephone toll services of the subscribers' choice, the 
record does not establish a need for such a prescription at this time. 
The Order terminates further inquiry into these two aspects of the 
instant proceeding. The Order does not affect the status of the 
Commission's inquiry into related issues in this or other proceedings, 
including CMRS resale, roaming, and interconnection.

FOR FURTHER INFORMATION CONTACT: Jeffrey Steinberg, Wireless 
Telecommunications Bureau, Policy Division (202) 418-1310.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Order in CC Docket 
No. 94-54, FCC 96-126, adopted March 21, 1996, and released March 22, 
1996. The complete text of this Order is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
239), 1919 M Street NW., Washington, DC, and also may be purchased from 
the Commission's copy contractor, International Transcription Service, 
at

[[Page 15754]]
(202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037.

Synopsis of the Order

    1. The Commission terminates its inquiry into the imposition of 
equal access requirements on CMRS providers, which was initiated in the 
Notice of Proposed Rulemaking and Notice of Inquiry (NPRM/NOI), 59 FR 
39664, July 13, 1994. The NPRM/NOI tentatively concluded that cellular 
providers should be required to provide equal access to interexchange 
carriers.
    2. The recent enactment of the Telecommunications Act of 1996 
changed the legal landscape under which the Commission may consider 
interexchange access requirements for CMRS providers. As a result, the 
Commission now determines that it no longer has the authority to 
require CMRS providers to offer equal access to common carriers for the 
provision of telephone toll services. The Commission further finds 
that, although it has the authority to require CMRS providers to afford 
subscribers unblocked access to the telephone toll services provider of 
their choice if it determines that subscribers are denied such access 
and such denial is contrary to the public interest, convenience, and 
necessity, the record compiled in this proceeding does not establish a 
need at this time for the Commission to initiate an inquiry into the 
imposition of an unblocked access rule.
    3. Thus, the Commission terminates its examination of these issues 
in this docket. The intended effect of this action is to provide 
certainty that CMRS providers are not required to offer equal access to 
interexchange carriers. This Order does not affect the status of the 
Commission's inquiry into related issues in this or other proceedings.

Ordering Clause

    4. Accordingly, IT IS ORDERED that the above-referenced rulemaking 
IS TERMINATED to the extent indicated herein. This action is authorized 
under Sections 1, 4(i), 4(j), 201, 309, 332, and 403 of the 
Communications Act, 47 U.S.C. Secs. 151, 154(i), 154(j), 201, 309, 332, 
and 403.

List of Subjects in 47 CFR Part 20

    Commercial mobile radio service.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-8756 Filed 4-8-96; 8:45 am]
BILLING CODE 6712-01-P