The Enterprise Wireless Alliance protested recent FCC decisions that Part...
The Enterprise Wireless Alliance protested recent FCC decisions that Part 90 licensees providing private mobile service (PMS) are subject to treatment as common carriers under the Communications Act. “Several recent statutory and regulatory actions impose obligations on ’telecommunications service providers,’…
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and have caused confusion in the PMS community,” EWA said in a letter to the commission (http://bit.ly/YM4pFH). “These obligations include certification of compliance with Customer Proprietary Network Information requirements and, more recently, with the FCC’s Accessibility Recordkeeping Compliance requirements.” But because the regulatory treatment of these mobile systems falls under Section 332(c) of the Communications Act and because these systems are not tied into the public switched network, “it is EWA’s opinion that they are not subject to the requirements described above or to any other obligation imposed on entities that provide ’telecommunications service,'” EWA said. The Communications Act “prohibits the FCC from regulating PMS as a common carrier offering,” EWA said. “Because the FCC has determined that the provision of telecommunications service constitutes common carriage, the Act exempts PMS providers, those providing non-interconnected, for-profit mobile service, from obligations associated with the provision of telecommunications service."