[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]


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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.

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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