Carriers Make Closing Arguments on Roaming Order
Wireless carriers have been busy at the FCC in recent days on a roaming item scheduled for a vote next week. It’s an order that would narrow the in-market exclusion, approved in 2007 as part of the commission’s automatic roaming rules, and seek further comment on data roaming. The commission released its sunshine notice for the meeting late Wednesday, cutting off lobbying.
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Verizon Wireless took a shot at Leap Wireless, saying in an ex parte filing that the company has supported changes in the roaming rules while telling investors it has had no problem putting together a national network. Verizon cited Leap executive comments at a recent financial conference and an analyst report. “Despite Leap’s repeated assertions that the Commission must mandate both in-market and data roaming, Leap’s presentation demonstrates that its existing roaming agreements enable it to offer nationwide voice and data coverage,” Verizon said. “Once again, Leap is advising its investors that it is effectively competing, yet in its filings in this proceeding it is telling the Commission that it cannot effectively compete without additional regulation.”
MetroPCS called on the FCC to eliminate the in-market exclusion and make home roaming requests subject to the same general Section 201 and 202 common carrier obligations that apply to out-of-market automatic roaming requests. Other carriers reacted to Verizon’s calls that the rules approved should require that the FCC examine at least three factors in determining whether rates, terms and conditions for in-market roaming are just and reasonable and not unreasonably discriminatory (CD April 12 p5).
"MetroPCS is concerned that there could be substantial negative unintended consequences if the Commission goes beyond simply eliminating the home roaming exclusion by enumerating ‘factors’ that may be taken into consideration in determining whether a denial of a roaming request is reasonable in particular circumstances,” the carrier said. “Conduct by the two largest carriers -- Verizon Wireless and AT&T Mobility -- demonstrates that they often oppose roaming requests of smaller carriers and plan to continue to do so.”
SouthernLINC Wireless urged the Commission to adopt a “strong presumption” in favor of roaming and to ensure “that any statement regarding the types of factors that may be taken into account in roaming complaint proceedings does not inadvertently place any additional burdens on wireless service providers seeking roaming on just, reasonable, and nondiscriminatory terms and conditions.” T-Mobile executives said in meetings at the FCC that the commission should avoid any language in the order that “could inadvertently increase the bargaining power of the two largest wireless carriers,” Verizon Wireless and AT&T. “The T-Mobile representatives emphasized that roaming is an essential ‘input’ to a competitive retail wireless marketplace and provided an account of how the market has become less competitive over time due to consolidation of wireless carriers,” the company said. “Whereas just a few years ago there were often competitive alternatives for roaming partners, now in most areas where T-Mobile seeks roaming arrangements, we are facing a monopoly market with a sole provider who also happens to be one of our major competitors.”