Momentum Growing for Roaming Probe at FCC, Small Carriers Say
Cingular, Verizon Wireless and Sprint Nextel asked the FCC to turn down a plea by the Rural Telecom Group and 7 small and midsized wireless carriers that the agency undertake a formal inquiry into whether the FCC should require carriers to provide “automatic,” seamless roaming on their networks. But attorneys representing the 8 told us Mon. the issue appears to be gaining momentum at the FCC.
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The 3 major wireless carriers told the Commission in filings that the 8 haven’t shown enough of a problem to trigger a formal inquiry. Small carriers want the FCC to require carriers to submit a “representative sample” of roaming agreements so the FCC can get a clearer picture of alleged discrimination.
“Proponents of automatic roaming regulations have had 10 years to compile a record regarding unjust and unreasonable discrimination in the provision of roaming services, but failed to do so,” Cingular said: “In the absence of any evidence of discrimination, the Commission should not commence a formal… inquiry into roaming.” Sprint Nextel said the FCC’s decision depends on its “assessment of marketplace conditions and whether there is a market failure.” Requiring submission of individual roaming agreements “would in no way assist the Commission in this assessment.”
“The FCC should deny the petition primarily because requiring carriers to file roaming agreements is not necessary,” Verizon Wireless said: “Petitioners’ request is based on the faulty premise that carriers have failed to respond to the FCC’s request for information that will enable the FCC to evaluate the market for roaming services and determine if a market failure exists.”
In Europe, regulators require automatic roaming and have pressured carriers to cut rates, which is leading to reduced rates there with Vodafone and T-Mobile slashing charges (see related story). Attorneys for the small carriers hope the FCC is watching the European example.
“It’s a tough quest to ask a busy agency to make itself even busier, but a lot of evidence is out there,” said Ken Johnson, who represents RTG. “I'm almost pleasantly surprised about the traction that this issue is getting. [The FCC] can’t do anything without evidence. I would be surprised if they don’t have a formal inquiry and look at some of the roaming agreements… The FCC so far has listened to us. They're not convinced yet, and they need evidence.”
“We are getting traction at the FCC,” said an attorney who represents one of the small carriers. “The staff has been very attentive and very prepared. They read everything, and they read everything as it is filed.” The source said a crucial question is whether Chmn. Martin will agree that the Commission should launch a deeper roaming probe.