[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR20.12]



[Page 12-13]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 20_COMMERCIAL MOBILE RADIO SERVICES--Table of Contents

 

Sec. 20.12  Resale and roaming.



    (a) Scope of section. 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



[[Page 13]]



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 reuse 

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.

    (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) Roaming. Each carrier subject to this section must provide 

mobile radio service upon request to all subscribers in good standing to 

the services of any carrier subject to 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.



[64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000]