[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Rules and Regulations]
[Page 60112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25807]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-54; FCC 00-307]


Interconnection and Resale Obligations in the Commercial Mobile 
Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: Through this document, the Commission denies a petition for 
reconsideration of previous Commission decisions in this proceeding. 
Petitioners request that we eliminate the exclusion of Commercial 
Mobile Radio Service (CMRS) from the Commission's resale rule and 
extend the sunset of the resale rule at least one full year beyond the 
successful conclusion of wireless local number portability 
implementation. This document responds to this petition.

FOR FURTHER INFORMATION CONTACT: Jane Phillips, 202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration of the Memorandum Opinion and Order on 
Reconsideration in CC Docket No. 94-54 (Order) (FCC 00-307), adopted 
August 17, 2000, and released August 22, 2000. The complete text of 
this MO&O is available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Courtyard 
Level, 445 12th Street, SW., Washington, DC, and also may be purchased 
from the Commission's copy contractor, International Transcription 
Services (ITS, Inc.), CY-B400, 445 12th Street, SW., Washington, DC.

Synopsis of the Order

    1. In this decision, the Commission denies a petition for 
reconsideration of decisions contained in the Memorandum Opinion and 
Order on Reconsideration, 64 FR 61022, November 9, 1999 (MO&O) in this 
proceeding. The wireless resale rule prohibits Commercial Mobile Radio 
Service (CMRS) providers from unreasonably restricting resale of their 
services.
    2. The First Report and Order, 61 FR 38399, July 24, 1996 (First 
R&O) in this proceeding promulgated a rule prohibiting certain CMRS 
providers from restricting the resale of their services during a 
transitional period. The First R&O extended the resale rule, which 
previously had applied only to cellular providers, to providers of 
broadband personal communications services (PCS) and certain 
specialized mobile radio (SMR) services. Additionally, the First R&O 
sunset the resale rule five years after completion of its initial grant 
of broadband PCS licenses, i.e., November 24, 2002.
    3. The MO&O affirmed the 2002 sunset date, but modified the resale 
rule to exclude customer premises equipment (CPE) and CPE in bundled 
packages and to exclude from its scope certain C, D, E, and F block PCS 
licenses, as well as all CMRS providers of voice or data services that 
do not use in-network switching facilities.
    4. MCI WorldCom filed a petition for further reconsideration 
requesting that the Commission eliminate the exclusion for CPE and 
extend the sunset at least one full year beyond the successful 
conclusion of wireless local number portability implementation.
    5. As discussed in the full text of this Order, the Commission 
denies MCI WorldCom's petition for reconsideration and reaffirms its 
determinations to exclude CPE from the scope of the CMRS resale rule 
and to sunset the rule on November 24, 2002. With respect to the 
exclusion for certain C, D, E, and F block PCS licensees, the Order 
does not address what impact the Commission's ultimate decision 
regarding eligibility to participate in the reauction of C and F block 
licensees may have on the scope of the resale rule.

Regulatory Flexibility Analysis

    6. The Commission has not prepared an additional Final Regulatory 
Flexibility Analysis of the possible impact on small entities of the 
Commission's decisions, as otherwise required by the Regulatory 
Flexibility Act, 5 U.S.C. 604, because no changes have been made in 
this Order to the Commission's rules or policies.

Authority

    7. This action is taken pursuant to sections 1, 4(i), 4(j), 10, 
201, 202, 303(r), 309, 332, and 403 of the Communications Act, 47 
U.S.C. 1, 4(i), 4(j), 160, 201, 202, 303(r), 309, 332, 403.

Ordering Clauses

    Accordingly, the Petition for Reconsideration filed by MCI WorldCom 
is denied.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 00-25807 Filed 10-6-00; 8:45 am]
BILLING CODE 6712-01-P