[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Rules and Regulations]
[Pages 22445-22446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11169]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 97-207; FCC 01-125]


Calling Party Pays Service Offering in the Commercial Mobile 
Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule, petition for reconsideration.

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SUMMARY: This document denies a petition for reconsideration of a 
previous Declaratory Ruling in this proceeding. This decision also 
terminates this proceeding regarding calling party pays service 
offering without taking any specific action on the issues raised in the 
proceeding.

FOR FURTHER INFORMATION CONTACT: Joseph A. Levin or David H. Siehl, 
202-418-1310; [TTY: 202-418-7233].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order on Reconsideration and Order Terminating 
Proceeding in WT Docket No. 97-207, FCC 01-125, adopted April 9, 2001, 
and released April 13, 2001. The complete text of the released document 
is available on the Commission's Internet site, at www.fcc.gov. The 
full text is also available for inspection and copying during normal 
business hours in the FCC Reference Information Center (Courtyard 
level), 445 12th Street, SW., Washington, DC 20554, and also may be 
purchased from the Commission's copy contractor, International 
Transcription Services (ITS, Inc.), (202) 857-3800, 445 12th Street, 
SW., CY-B400, Washington, DC 20054.

Synopsis of Memorandum Opinion and Order on Reconsideration and 
Order Terminating Proceeding

    1. This Memorandum Opinion and Order on Reconsideration and Order 
Terminating Proceeding (MO&O) denies a Petition for Reconsideration of 
the Declaratory Ruling and Notice of Proposed Rulemaking in this 
proceeding (64 FR 38313, July 16, 1999; 64 FR 38396, July 16, 1999) 
regarding calling party pays service, and terminates the proceeding 
without action.
    2. The Ohio Public Utilities Commission (Ohio Petition) alleges 
that the Declaratory Ruling contains ambiguous and potentially 
conflicting conclusions that should be clarified. As discussed in 
paragraphs 7 through 19 of the MO&O, because the Commission's rules 
permit parties to file petitions for reconsideration only for final 
rules, the MO&O considers only that part of the Ohio Petition which 
argues that calling party pays is not properly classified as a 
commercial mobile radio service because it does not meet the 
interconnected service criteria. The Commission denies the Ohio 
Petition, finding that calling party pays service is an interconnected 
for profit service to the public and, therefore, constitutes commercial 
mobile radio service under the Communications Act.
    3. The MO&O also terminates the calling party pays proceeding 
without taking action. The MO&O, in paragraphs 20-24 of the full text 
of the MO&O, finds that it is unclear that regulatory intervention by 
the Commission is warranted. The Commission emphasizes, however, that 
the existing rules do not prevent a carrier from offering a calling 
party pays service to its subscribers. In terminating this

[[Page 22446]]

proceeding, the Commission removes any remaining regulatory uncertainty 
regarding calling party pays occasioned by the pendency of the 
proceeding.

Ordering Clauses

    4. The Petition for Reconsideration of the Declaratory Ruling in 
this proceeding, filed by the Public Utility Commission of Ohio on 
August 16, 1999, is denied.
    5. The proceeding is terminated without further action.
    6. This action is taken pursuant to sections 1, 4(i), 7, 201, 202, 
303(r), and 332 of the Communications Act of 1934 as amended, 47 U.S.C. 
151, 154(i), 157, 201, 202, 303(r), 332.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-11169 Filed 5-3-01; 8:45 am]
BILLING CODE 6712-01-P