Posts Tagged ‘ roaming ’

The FCC’s Section 332 Problem: Why the FCC Can’t Regulate Mobile Wireless Broadband as a Common Carrier Service

Updated on July 30th, 2010

Rumack: Elaine, you’re a member of this crew. Can you face some unpleasant facts?

Elaine Dickinson: No.

Airplane (1980).

In 2007 (while I was Wireless Bureau Chief at the FCC), the FCC issued a declaratory ruling (“Classification Order”) classifying for the first time wireless broadband services as “information services.” Perhaps more importantly, the FCC found that “mobile wireless broadband Internet access service is not a ‘commercial mobile service’ under section 332 of the Act.” (Classification Order at para. 1). The latter finding is likely fatal to any attempt by the FCC to reclassify mobile wireless broadband service as a common carrier service subject to Title II regulation or data roaming obligations. Why is this finding so pivotal to ongoing debates at the FCC regarding the regulatory treatment of mobile wireless broadband? Read the rest of this entry »

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The 14th Mobile Wireless Competition Report Offers Spectrum Anecdotes, Not Data

Updated on June 4th, 2010

The sum of anecdotes is not data.” Roger Brinner (economist).

As someone who took pride in my role overseeing the production of the 12th CMRS Competition Report, I read with great interest the 14th Mobile Wireless Competition Report (“14th Report”). Although I was impressed with many elements of the 14th Report, I was also perplexed by some of its conclusions. Perhaps the most perplexing aspect of the report is its discussion of spectrum, in which it relies on a number of anecdotes masquerading as data to reach a new “conclusion.”

The new element of the 14th Report in respect to spectrum is its discussion of the differences between spectrum below 1 GHz and spectrum above 1 GHz. For the first time ever the FCC concludes that “providers whose spectrum assets include a greater amount of spectrum below 1 GHz spectrum may possess certain competitive advantages for providing robust coverage when compared to licensees whose portfolio is exclusively or primarily comprised of higher frequency spectrum.” (14th Report at paragraph 283.) But the 14th Report doesn’t include any actual data supporting this “conclusion.” The 14th Report instead relies on a series of anecdotes to justify its new position, and doesn’t attempt to quantify the extent of any such competitive advantage (assuming one actually exists) at all. Without some data demonstrating that differences in frequency actually yield significant competitive advantages, the “conclusion” is really just a hypothesis. Read the rest of this entry »

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The National Broadband Plan: Automatic Roaming and the “In-Market Exception” – Part II

Updated on April 16th, 2010

I recently wrote about the policy implications of eliminating the in-market exception to the automatic roaming rule. This post highlights some legal issues related to requiring service providers to open their networks to competitors “in-market.” Read the rest of this entry »

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The National Broadband Plan: Automatic Roaming and the “In-Market Exception”

Updated on April 2nd, 2010

Rumors continue to circulate that FCC action to eliminate the “in-market exception” to the “automatic roaming” rule is imminent. I don’t know whether these rumors are true, but the National Broadband Plan (“NBP”) does recommend that the FCC “move forward promptly in the open proceeding on data roaming.” (NBP at page 49.) But, eliminating the “in-market exception” would be inconsistent with the spectrum efficiency goals of the NBP. I explain why below. Read the rest of this entry »

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First Reaction to the National Broadband Plan

Updated on March 16th, 2010

The FCC released its National Broadband Plan today. Given the scope and breadth of this unprecedented plan, it would be impossible to cover it all in a single post. For now, I discuss only my initial reaction.

The broadband team should be commended for its hard work in putting the plan together. I can’t help being impressed by the extensive data and vast number of recommendations made in the plan. It appears to be comprehensive in its scope and ambitious in its agenda. Read the rest of this entry »

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