Report No. DC-2612 ACTION IN DOCKET CASE June 9, 1994 FCC SEEKS COMMENT ON REQUIRING CMRS PROVIDERS TO PROVIDE EQUAL ACCESS; EXAMINES LEC PROVISION OF INTERCONNECTION TO CMRS PROVIDERS; BEGINS INQUIRY INTO INTERCONNECTION OBLIGATIONS OF CMRS PROVIDERS (CC DOCKET 94-54) The Commission today issued a Notice of Proposed Rule Making and Notice of Inquiry to address issues relating to equal access and interconnection obligations with respect to commercial mobile radio service (CMRS) providers. This action continues the Commission's establishment of rules for CMRS that was initiated by recent revisions to the Communications Act. Equal Access Noting that equal access promotes the important objectives of customer choice and increased competition in the interexchange and CMRS marketplaces, the Commission tentatively concluded that imposing equal access obligations on cellular telephone companies would be in the public interest. This requirement, if adopted, would enable all cellular customers to select the long distance company they wish to carry long distance calls generated from their cellular phones. Equal access obligations currently apply to the Bell Operating Companies (BOCs), most landline local exchange carriers (LECs), and the BOC cellular affiliates. The Notice invites comment on the tentative conclusion that equal access obligations should apply to all cellular providers. Recognizing that the preliminary analysis of the market position of cellular service only assesses the current position of cellular service in the CMRS marketplace, the item seeks comment on whether the advent of increased competition from new commercial mobile radio services, such as PCS and wide-area SMR systems, should alter the item's tentative conclusion to impose equal access obligations on cellular providers. The Notice further seeks comment on whether other CMRS providers should be subject to this requirement. (over) - 2 - The Notice also seeks comment on whether, if equal access obligations are imposed on CMRS providers, those requirements should be patterned after the Commission's current equal access policy for wireline carriers. Specifically, the Commission: -- Asks for comments on the factors that the Commission should examine in determining whether the imposition of equal access obligations on CMRS providers is in the public interest; -- Tentatively concludes that, if equal access provisions were applied to non-BOC CMRS providers, any conversion to equal access should be gradual, and seeks comment on the method and timing of conversion; -- Asks for comments on the circumstances under which a CMRS carrier must hand off a call to an interexchange carrier; -- Tentatively concludes that cellular providers, or any other CMRS provider that is ultimately required to provide equal access, should be required to provide 1+ access or access through some other abbreviated dialing scheme, such as 10XXX; -- Seeks comment on a variety of other issues related to the implementation of equal access. Interconnection In addition, the Commission is considering rules to govern interconnection service provided by local exchange carriers (LECs) to CMRS providers. Interconnection with the LECs may be essential to many of the services CMRS providers, including PCS licensees, seek to provide, including high-speed switching and number portability. The item seeks further comment on whether the LECs should be required to tariff interconnection services offered to CMRS providers. Alternatively, the Notice invites comment on whether the Commission should revise the current good faith negotiation requirement by adding two safeguards to protect CMRS providers against unreasonably discriminatory rates, terms or conditions of interconnection: (1) require LECs to include a clause to ensure that the most favorable terms, conditions and rates available to one CMRS provider would be available to all; (2) require the LECs to file all carrier-to-carrier interconnection agreements so that the terms, conditions and rates are available for public inspection. - 3 - Finally, the item initiates a broad Notice of Inquiry into whether the Commission should impose interconnection obligations on CMRS providers, seeks comment on whether there are sufficient public interest considerations to justify the imposition of such obligations, and asks interested parties to explore the nature and scope of any such obligations. This inquiry proposes to include an examination of interconnection obligations of CMRS providers to resellers of CMRS services. Action by the Commission June 9, 1994, by Notice of Proposed Rulemaking and Notice of Inquiry (FCC 94-145). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong, with Commissioners Quello, Barrett and Chong issuing statements. - FCC - News Media contact: Rosemary Kimball at (202) 418-0500. Common Carrier Bureau contact: Judy Argentieri at (202) 632- 6917.