Federal Communications Commission § 20.9

fixed communications offered by per- segment capacity, to the extent that it sonal communications service pro- does not provide commercial mobile viders; radio service directly to end users, may (h) Unlicensed services meeting the provide space segment capacity to definition of commercial commercial mobile radio service pro- service in § 20.3, such as the resale of viders on a non-common carrier basis, commercial mobile radio services, but if so authorized by the Commission; excluding unlicensed radio frequency (11) Personal Communications Serv- devices under part 15 of this chapter ices (part 24 of this chapter), except as (including unlicensed personal commu- provided in paragraph (b) of this sec- nications service devices). tion; [59 FR 18495, Apr. 19, 1994, as amended at 63 (12) Mobile operations in the 218–219 FR 54077, Oct. 8, 1998] MHz Service (part 95, subpart F of this chapter) that provide for-profit inter- § 20.9 Commercial mobile radio serv- connected service to the public; ice. (13) For-profit subsidiary commu- (a) The following mobile services nications services transmitted on sub- shall be treated as common carriage carriers within the FM baseband sig- services and regulated as commercial nal, that provide interconnected serv- mobile radio services (including any ice (47 CFR 73.295 of this chapter); and such service offered as a hybrid service (14) A mobile service that is the func- or offered on an excess capacity basis tional equivalent of a commercial mo- to the extent it meets the definition of bile radio service. commercial mobile radio service, or of- (i) A mobile service that does not fered as an auxiliary or ancillary serv- meet the definition of commercial mo- ice), pursuant to Section 332 of the bile radio service is presumed to be a Communications Act, 47 U.S.C. 332: private mobile radio service. (1) Private Paging (part 90 of this (ii) Any interested party may seek to chapter), excluding not-for-profit pag- overcome the presumption that a par- ing systems that serve only the licens- ticular mobile radio service is a private ee’s own internal communications mobile radio service by filing a peti- needs; tion for declaratory ruling challenging (2) Stations that offer Industrial/ a mobile service provider’s regulatory Business Pool (§ 90.35 of this chapter) treatment as a private mobile radio eligibles for-profit, interconnected service. service; (A) The petition must show that: (1) (3) Land Mobile Systems on 220–222 The mobile service in question meets MHz (part 90 of this chapter), except the definition of commercial mobile services that are not-for-profit or do radio service; or not offer interconnected service; (2) The mobile service in question is (4) Specialized Mobile Radio services the functional equivalent of a service that provide interconnected service that meets the definition of a commer- (part 90 of this chapter); cial mobile radio service. (5) Public Coast Stations (part 80, (B) A variety of factors will be evalu- subpart J of this chapter); ated to make a determination whether (6) Paging and Serv- the mobile service in question is the ice (part 22, subpart E of this chapter). functional equivalent of a commercial (7) Cellular Radiotelephone Service mobile radio service, including: con- (part 22, subpart H of this chapter). sumer demand for the service to deter- (8) Air-Ground Radiotelephone Serv- mine whether the service is closely ice (part 22, subpart G of this chapter). substitutable for a commercial mobile (9) Offshore Radiotelephone Service radio service; whether changes in price (part 22, subpart I of this chapter). for the service under examination, or (10) Any mobile satellite service in- for the comparable commercial mobile volving the provision of commercial radio service would prompt customers mobile radio service (by licensees or re- to change from one service to the sellers) directly to end users, except other; and market research informa- that mobile satellite licensees and tion identifying the targeted market other entities that sell or lease space for the service under review.

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VerDate Mar<15>2010 16:46 Dec 15, 2010 Jkt 220201 PO 00000 Frm 00021 Fmt 8010 Sfmt 8010 Q:\47\47V2 ofr150 PsN: PC150 § 20.11 47 CFR Ch. I (10–1–10 Edition)

(C) The petition must contain spe- commercial mobile radio service pre- cific allegations of fact supported by sumption. The petition must be served affidavit(s) of person(s) with personal on the applicant and contain a certifi- knowledge. The petition must be cate of service to this effect. The appli- served on the mobile service provider cant may file an opposition with alle- against whom it is filed and contain a gations of fact supported by affidavit. certificate of service to this effect. The The petitioner may file a reply. No ad- mobile service provider may file an op- ditional pleadings will be allowed. The position to the petition and the peti- general rules of practice and procedure tioner may file a reply. The general contained in §§ 1.1 through 1.52 of this rules of practice and procedure con- chapter and § 22.30 of this chapter shall tained in §§ 1.1 through 1.52 of this apply. chapter shall apply. (c) Any provider of private land mo- (b) Licensees of a Personal Commu- bile service before August 10, 1993 (in- nications Service or applicants for a cluding any system expansions, modi- Personal Communications Service li- fications, or acquisitions of additional cense, and VHF Public Coast Station licenses in the same service, even if au- geographic area licensees or appli- thorized after this date), and any pri- cants, and Automated Maritime Tele- vate paging service utilizing fre- communications System (AMTS) li- quencies allocated as of January 1, censees or applicants, proposing to use 1993, that meet the definition of com- any Personal Communications Service, mercial mobile radio service, shall, ex- VHF Public Coast Station, or AMTS cept for purposes of § 20.5 (applicable spectrum to offer service on a private August 10, 1993 for the providers listed mobile radio service basis must over- in this paragraph), be treated as pri- come the presumption that Personal vate mobile radio service until August Communications Service, VHF Public 10, 1996. After this date, these entities Coast, and AMTS Stations are com- will be treated as commercial mobile mercial mobile radio services. radio service providers regulated under (1) The applicant or licensee (who this part. must file an application to modify its [59 FR 18495, Apr. 19, 1994, as amended at 62 authorization) seeking authority to FR 18843, Apr. 17, 1997; 63 FR 40062, July 27, dedicate a portion of the spectrum for 1998; 64 FR 26887, May 18, 1999; 64 FR 59659, private mobile radio service, must in- Nov. 3, 1999; 66 FR 10968, Feb. 21, 2001; 72 FR clude a certification that it will offer 31194, June 6, 2007] Personal Communications Service, VHF Public Coast Station, or AMTS § 20.11 Interconnection to facilities of service on a private mobile radio serv- local exchange carriers. ice basis. The certification must in- (a) A local exchange carrier must clude a description of the proposed provide the type of interconnection service sufficient to demonstrate that reasonably requested by a mobile serv- it is not within the definition of com- ice licensee or carrier, within a reason- mercial mobile radio service in § 20.3. able time after the request, unless such Any application requesting to use any interconnection is not technically fea- Personal Communications Service, sible or economically reasonable. Com- VHF Public Coast Station, or AMTS plaints against carriers under section spectrum to offer service on a private 208 of the Communications Act, 47 mobile radio service basis will be U.S.C. 208, alleging a violation of this placed on public notice by the Commis- section shall follow the requirements sion. of §§ 1.711–1.734 of this chapter, 47 CFR (2) Any interested party may file a 1.711–1.734. petition to deny the application within (b) Local exchange carriers and com- 30 days after the date of public notice mercial mobile radio service providers announcing the acceptance for filing of shall comply with principles of mutual the application. The petition shall con- compensation. tain specific allegations of fact sup- (1) A local exchange carrier shall pay ported by affidavit(s) of person(s) with reasonable compensation to a commer- personal knowledge to show that the cial mobile radio service provider in applicant’s request does not rebut the connection with terminating traffic

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