Interconnection and Resale Obligations in the Commercial Mobile Radio Services and Forbearance Issues

This document generally affirms the Commission's earlier decision in this proceeding to extend the cellular resale rule to include certain broadband personal communications service (PCS) and specialized mobile radio providers and to sunset the rule as of November 24, 2002. However, this document modifies the previous decision by removing customer premises equipment (CPE) and CPE in bundled packages from the scope of the resale rule, by revising the scope of the resale rule to exclude all C, D, E, and F block PCS licensees that do not own and control and are not owned and controlled by cellular or A or B block licensees, and by exempting from the rule all SMR and other Commercial Mobile Radio Services (CMRS) providers that do not utilize in-network switching facilities. This document also clarifies certain aspects of the resale rule, and denies a Petition for Reconsideration of the Commission's denial of a request for forbearance from the resale rule. The action is intended to resolve issues raised in several Petitions regarding the CMRS resale rule and forbearance.