FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,414
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Federal Communications Commission
services or features, including information services or other non-CMRS services offered by CMRS
carriers." The Commission also sought comment on the legal bases for imposing a roaming obligation
on mobile wireless broadband Internet access services.'2
7. In the Second Further Notice that we adopted in conjunction with the Order on
Reconsideration in 2010, we sought to refresh and further develop the record by requesting additional
comment on whether to extend roaming obligations to mobile data services, including mobile broadband
Internet access, that are provided without interconnection to the public switched telephone network.'3 We
also sought comment on whether any such obligations should apply only to service providers that are also
CMRS providers or more broadly to facilities-based mobile data service providers whether or not they
also provide CMRS.I' Among other things, we sought comment on the importance of data roaming, the
potential impact on incentives for investment and innovation in mobile broadband services if roaming
requirements were extended to data roaming, and the appropriate scope of any data roaming requirement,
including consideration of the technical issues that data roaming requirements might raise with respect to
a provider's network capacity and security.'5 In addition, we sought further comment on our legal
authority to establish data roaming obligations to the extent that we concluded that adopting data roaming
requirements would serve the public interest.'6 Finally, we sought comment on the appropriate process
for dispute resolution, whether we should provide the same process for data roaming requests as for other
roaming requests, and whether we should adopt measures to require or encourage parties to employ
alternative vehicles for resolving disputes such as arbitration."
8. In this Second Report and Order, we conclude that it is in the public interest to establish
requirements to promote the availability of data roaming arrangements, as set forth below. We first
discuss our determination to require that facilities-based providers of commercial mobile data services
offer data roaming arrangements to other such providers on commercially reasonable terms and
11 Further Notice, 22 FCC Red at 15845 77. We do not address in this Order "interconnected service," as defined
in 47 U.S.C. 332(d)(2) and our rules.
12 The Commission noted that it had determined that mobile wireless broadband Internet access service is an
information service, and that it is not CMRS. See Further Notice, 22 FCC Rcd at 15846 81 (citing Appropriate
Regulatory Treatment for Broadband Access to the Internet Over Wireless Networks, WT Docket No. 07-53, 22
FCC Rcd 5901 (2007) (Wireless Broadband lrternet Access Classification Order)).
" The Commission had received several proposals concerning data roaming in response to the Further Notice,
including a request by SpectrumCo that the Commission reconsider its decision to limit the automatic roaming
obligation only to services that use the public switched network. See Second Further Notice, 25 FCC Rcd at 4212-
13 63. The Commission noted that issues in SpectrumCo's petition for reconsideration were being addressed in the
Second Further Notice. Id. at 4185 9.
"4 Second Further Notice, 25 FCC Rcd at 4212 62. The Commission also sought comment on the specific
proposals that had been submitted in response to the Further Notice, as well as on any other proposals for addressing
data roaming obligations. Id. at 4212-13 63.
'5 Second Further Notice, 25 FCC Rcd at 4218-24 72-91.
'16 d. at 4213-18 f1 64-71.
'7 Second Further Notice, 25 FCC Red at 4223-24 91. The deadline for comments on the Second Further Notice
was June 14, 2010, and the deadline for reply comments was July 12, 2010. A list of commenters and reply
commenters is in Appendix B of this Order.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/586/: accessed May 30, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.