The FCC eliminated the per se limit on the aggregation of Commercial Mobile Radio Services (CMRS) spectrum effective January 1, 2003. The FCC's spectrum cap rule restricted the amount of broadband CMRS spectrum an entity could hold or have attributed to itself in a particular geographic area. The rule applied to licensed broadband Personal Communications Service (PCS), cellular, and Commercial Specialized Mobile Radio (SMR) spectrum.
Instead of the bright-line rule limiting the amount of spectrum to preserve competition, the Commission opted going forward to analyze the competitive effects of transactions involving mobile telephony service providers on a case-by-case basis.
Releases
12/18/2001
REPORT AND ORDER (FCC 01-328)
2000 Biennial Regulatory Review Spectrum Aggregation Limits
The FCC announced that it will: (1) sunset the CMRS spectrum cap rule by eliminating it effective January 1, 2003; (2) raise the cap immediately to 55 MHz in all markets until the sunset date; and (3) immediately eliminate the cellular cross-interest rule in Metropolitan Statistical Areas (MSAs), but retain the rule in Rural Service Areas (RSAs).
11/8/2001
NEWS RELEASE (WT Docket No. 01-14)
FCC Announces Wireless Spectrum Cap to Sunset Effective January 1, 2003
The FCC announced that it will: (1) sunset the CMRS spectrum cap rule by eliminating it effective January 1, 2003; (2) raise the cap immediately to 55 MHz in all markets until the sunset date; and (3) immediately eliminate the cellular cross-interest rule in Metropolitan Statistical Areas (MSAs), but retain the rule in Rural Service Areas (RSAs).
1/23/2001
NOTICE OF PROPOSED RULEMAKING (FCC 01-28)
2000 Biennial Regulatory Review Spectrum Aggregation Limits (WT Docket 01-14)
11/8/2001
MEMORANDUM OPINION AND ORDER ON RECONSIDERATION (FCC 00-376)
1998 Biennial Regulatory Review Spectrum Aggregation Limits for Wireless Telecommunications Carriers
The FCC acted on two petitions for reconsideration and one petition for clarification.
9/22/1999
ORDER (FCC 99-244)
The Report and Order in the 1998 Biennial Review
The Commission completed our re-assessment of the 45 MHz Commercial Mobile Radio Service (CMRS) spectrum cap and cellular cross-interest rules initiated as part of our 1998 biennial review of the Commission's regulations pursuant to section 11 of the Communications Act, as amended (Act).
9/15/1999
NEWS RELEASE
FCC Largely Retains Spectrum Cap, Ensuring That Consumers Continue To See Benefits Of Competition; Relaxes Spectrum Cap In Rural Areas
The Commission largely retained the current 45 MHz spectrum cap in order to promote competition and protect consumers.
12/10/1998
NOTICE OF PROPOSED RULEMAKING (FCC 98-308)
The Notice Of Proposed Rulemaking in The 1998 Biennial Review
In this Notice of Proposed Rulemaking the FCC undertakes a comprehensive review of the 45 MHz CMRS spectrum cap as part of the Biennial Review of the Commission's regulations.
11/19/1998
NEWS RELEASE
FCC Initiates Re-Evaluation of the CMRS Spectrum Cap; Seeks Comment on CTIA Forbearance Petition
The Commission adopted a Notice of Proposed Rulemaking to re-evaluate the need for its current spectrum aggregation limits for Commercial Mobile Radio Services as part of its biennial review.
Last reviewed/updated on 11/13/2003.