§ 20.12   Resale and roaming.

   (a)(1) Scope of manual roaming and resale. Paragraph (c) of this section is
   applicable to providers of Broadband Personal Communications Services (part
   24, subpart E of this chapter), Cellular Radio Telephone Service (part 22,
   subpart H of this chapter), and specialized Mobile Radio Services in the 800
   MHz and 900 MHz bands (included in part 90, subpart S of this chapter) if
   such providers offer real-time, two-way switched voice or data service that
   is  interconnected  with  the  public switched network and utilizes an
   in-network  switching  facility  that  enables  the provider to re-use
   frequencies and accomplish seamless hand-offs of subscriber calls. The scope
   of paragraph (b) of this section, concerning the resale rule, is further
   limited so as to exclude from the requirements of that paragraph those
   Broadband Personal Communications Services C, D, E, and F block licensees
   that do not own and control and are not owned and controlled by firms also
   holding cellular A or B block licenses.

   (2) Scope of automatic roaming. Paragraph (d) of this section is applicable
   to CMRS carriers if such carriers offer real-time, two-way switched voice or
   data service that is interconnected with the public switched network and
   utilizes an in-network switching facility that enables the carrier to re-use
   frequencies and accomplish seamless hand-offs of subscriber calls. Paragraph
   (d) of this section is also applicable to the provision of push-to-talk and
   text-messaging service by CMRS carriers.

   (3)  Scope of offering roaming arrangements for commercial mobile data
   services.   Paragraph  (e)  of  this  section  is  applicable  to  all
   facilities-based providers of commercial mobile data services.

   (b) Resale. The resale rule is applicable as follows:

   (1) Each carrier subject to paragraph (b) of this section shall not restrict
   the  resale  of its services, unless the carrier demonstrates that the
   restriction is reasonable.

   (2) The resale requirement shall not apply to customer premises equipment,
   whether or not it is bundled with services subject to the resale requirement
   in this paragraph.

   (3) This paragraph shall cease to be effective five years after the last
   group of initial licenses for broadband PCS spectrum in the 1850-1910 and
   the 1930-1990 MHz bands is awarded; i.e., at the close of November 24, 2002.

   (c) Manual roaming. Each carrier subject to paragraph (a)(1) of this section
   must provide mobile radio service upon request to all subscribers in good
   standing to the services of any carrier subject to paragraph (a)(1) of this
   section, including roamers, while such subscribers are located within any
   portion of the licensee's licensed service area where facilities have been
   constructed and service to subscribers has commenced, if such subscribers
   are  using  mobile  equipment  that is technically compatible with the
   licensee's base stations.

   (d) Automatic roaming. Upon a reasonable request, it shall be the duty of
   each host carrier subject to paragraph (a)(2) of this section to provide
   automatic roaming to any technologically compatible, facilities-based CMRS
   carrier  on  reasonable  and not unreasonably discriminatory terms and
   conditions, pursuant to Sections 201 and 202 of the Communications Act, 47
   U.S.C.  201  and 202. The Commission shall presume that a request by a
   technologically compatible CMRS carrier for automatic roaming is reasonable
   pursuant to Sections 201 and 202 of the Communications Act, 47 U.S.C. 201
   and 202. This presumption may be rebutted on a case by case basis. The
   Commission will resolve automatic roaming disputes on a case-by-case basis,
   taking into consideration the totality of the circumstances presented in
   each case.

   (e) Offering roaming arrangements for commercial mobile data services. (1) A
   facilities-based provider of commercial mobile data services is required to
   offer  roaming  arrangements  to  other such providers on commercially
   reasonable terms and conditions, subject to the following limitations:

   (i) Providers may negotiate the terms of their roaming arrangements on an
   individualized basis;

   (ii) It is reasonable for a provider not to offer a data roaming arrangement
   to a requesting provider that is not technologically compatible;

   (iii)  It  is  reasonable  for  a provider not to offer a data roaming
   arrangement where it is not technically feasible to provide roaming for the
   particular data service for which roaming is requested and any changes to
   the host provider's network necessary to accommodate roaming for such data
   service are not economically reasonable;

   (iv) It is reasonable for a provider to condition the effectiveness of a
   roaming arrangement on the requesting provider's provision of mobile data
   service to its own subscribers using a generation of wireless technology
   comparable to the technology on which the requesting provider seeks to roam.

   (2)  A party alleging a violation of this section may file a formal or
   informal complaint pursuant to the procedures in § § 1.716 through 1.718,
   1.720, 1.721, and 1.723 through 1.735 of this chapter, which sections are
   incorporated herein. For purposes of § 20.12(e), references to a “carrier” or
   “common  carrier”  in  the  formal  and  informal complaint procedures
   incorporated herein will mean a provider of commercial mobile data services.
   The Commission will resolve such disputes on a case-by-case basis, taking
   into consideration the totality of the circumstances presented in each case.
   The  remedy  of  damages shall not be available in connection with any
   complaint alleging a violation of this section. Whether the appropriate
   procedural vehicle for a dispute is a complaint under this paragraph or a
   petition  for  declaratory  ruling under § 1.2 of this chapter may vary
   depending on the circumstances of each case.

   [ 64 FR 61027 , Nov. 9, 1999, as amended at  65 FR 58482 , Sept. 29, 2000;  72 FR 50074 , Aug. 30, 2007;  75 FR 22276 , Apr. 28, 2010;  76 FR 26220 , May 6, 2011]

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