1、5 SUBCHAPTER BCOMMON CARRIER SERVICES PART 20COMMERCIAL MOBILE RADIO SERVICES Sec. 20.1 Purpose. 20.3 Definitions. 20.5 Citizenship. 20.6 CMRS spectrum aggregation limit. 20.7 Mobile services. 20.9 Commercial mobile radio service. 20.11 Interconnection to facilities of local exchange carriers. 20.12
2、 Resale and roaming. 20.13 State petitions for authority to regu-late rates. 20.15 Requirements under Title II of the Communications Act. 20.18 911 Service. 20.19 Hearing aid-compatible mobile handsets. 20.20 Conditions applicable to provision of CMRS service by incumbent Local Ex-change Carriers. A
3、UTHORITY: 47 U.S.C. 154, 160, 201, 251254, 303, and 332 unless otherwise noted. SOURCE: 59 FR 18495, Apr. 19, 1994, unless otherwise noted. 20.1 Purpose. The purpose of these rules is to set forth the requirements and conditions applicable to commercial mobile radio service providers. 20.3 Definitio
4、ns. Appropriate local emergency authority. An emergency answering point that has not been officially designated as a Public Safety Answering Point (PSAP), but has the capability of receiving 911 calls and either dispatching emergency services personnel or, if necessary, re-laying the call to another
5、 emergency service provider. An appropriate local emergency authority may include, but is not limited, to an existing local law enforcement authority, such as the po-lice, county sheriff, local emergency medical services provider, or fire de-partment. Automatic Number Identification (ANI). A system
6、that identifies the billing ac-count for a call. For 911 systems, the ANI identifies the calling party and may be used as a call back number. Automatic Roaming. With automatic roaming, under a pre-existing contrac-tual agreement between a subscribers home carrier and a host carrier, a roaming subscr
7、iber is able to originate or terminate a call in the host carriers service area without taking any special actions. Commercial mobile radio service. A mo-bile service that is: (a)(1) provided for profit, i.e., with the intent of receiving compensation or monetary gain; (2) An interconnected service;
8、 and (3) Available to the public, or to such classes of eligible users as to be effec-tively available to a substantial por-tion of the public; or (b) The functional equivalent of such a mobile service described in paragraph (a) of this section. Designated PSAP. The Public Safety Answering Point (PS
9、AP) designated by the local or state entity that has the authority and responsibility to des-ignate the PSAP to receive wireless 911 calls. Incumbent Wide Area SMR Licensees. Licensees who have obtained extended implementation authorizations in the 800 MHz or 900 MHz service, either by waiver or und
10、er section 90.629 of these rules, and who offer real-time, two-way voice service that is interconnected with the public switched network. Handset-based location technology. A method of providing the location of wireless 911 callers that requires the use of special location-determining hardware and/o
11、r software in a portable or mobile phone. Handset-based loca-tion technology may also employ addi-tional location-determining hardware and/or software in the CMRS network and/or another fixed infrastructure. Host Carrier. For automatic roaming, the host carrier is a facilities-based CMRS carrier on
12、whose system another carriers subscriber roams. A facilities- based CMRS carrier may, on behalf of its subscribers, request automatic roaming service from a host carrier. Interconnection or Interconnected. Di-rect or indirect connection through automatic or manual means (by wire, microwave, or other
13、 technologies such as store and forward) to permit the transmission or reception of messages VerDate Mar2010 16:46 Dec 15, 2010 Jkt 220201 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Q:4747V2 ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,
14、-6 47 CFR Ch. I (10110 Edition) 20.3 or signals to or from points in the pub-lic switched network. Interconnected Service. A service: (a) That is interconnected with the public switched network, or inter-connected with the public switched network through an interconnected service provider, that give
15、s subscribers the capability to communicate to or receive communication from all other users on the public switched network; or (b) For which a request for such interconnection is pending pursuant to section 332(c)(1)(B) of the Communica-tions Act, 47 U.S.C. 332(c)(1)(B). A mo-bile service offers in
16、terconnected serv-ice even if the service allows sub-scribers to access the public switched network only during specified hours of the day, or if the service provides gen-eral access to points on the public switched network but also restricts ac-cess in certain limited ways. Inter-connected service
17、does not include any interface between a licensees facilities and the public switched network exclu-sively for a licensees internal control purposes. Location-capable handsets. Portable or mobile phones that contain special lo-cation-determining hardware and/or software, which is used by a licensee
18、to locate 911 calls. Manual Roaming. With manual roam-ing, a subscriber must establish a rela-tionship with the host carrier on whose system he or she wants to roam in order to make a call. Typically, the roaming subscriber accomplishes this in the course of attempting to origi-nate a call by giving
19、 a valid credit card number to the carrier providing the roaming service. Mobile Service. A radio communica-tion service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes: (a) Both one-way and two-way radio communic
20、ations services; (b) A mobile service which provides a regularly interacting group of base, mobile, portable, and associated con-trol and relay stations (whether li-censed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communica-tions by eligible u
21、sers over designated areas of operation; and (c) Any service for which a license is required in a personal communications service under part 24 of this chapter. Network-based Location Technology. A method of providing the location of wireless 911 callers that employs hard-ware and/or software in the
22、 CMRS net-work and/or another fixed infrastruc-ture, and does not require the use of special location-determining hardware and/or software in the callers portable or mobile phone. Private Mobile Radio Service. A mobile service that is neither a commercial mobile radio service nor the functional equi
23、valent of a service that meets the definition of commercial mobile radio service. Private mobile radio service includes the following: (a) Not-for-profit land mobile radio and paging services that serve the li-censees internal communications needs as defined in part 90 of this chap-ter. Shared-use,
24、cost-sharing, or coop-erative arrangements, multiple li-censed systems that use third party managers or users combining resources to meet compatible needs for special-ized internal communications facilities in compliance with the safeguards of 90.179 of this chapter are presump-tively private mobile
25、 radio services; (b) Mobile radio service offered to re-stricted classes of eligible users. This includes entities eligible in the Public Safety Radio Pool and Radiolocation service. (c) 220222 MHz land mobile service and Automatic Vehicle Monitoring sys-tems (part 90 of this chapter) that do not of
26、fer interconnected service or that are not-for-profit; and (d) Personal Radio Services under part 95 of this chapter (General Mobile Services, Radio Control Radio Serv-ices, and Citizens Band Radio Serv-ices); Maritime Service Stations (ex-cluding Public Coast stations) (part 80 of this chapter); an
27、d Aviation Service Stations (part 87 of this chapter). Pseudo Automatic Number Identifica-tion (Pseudo-ANI). A number, con-sisting of the same number of digits as ANI, that is not a North American Numbering Plan telephone directory number and may be used in place of an ANI to convey special meaning.
28、 The VerDate Mar2010 16:46 Dec 15, 2010 Jkt 220201 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Q:4747V2 ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-7 Federal Communications Commission 20.6 special meaning assigned to the pseu-do-ANI is
29、 determined by agreements, as necessary, between the system origi-nating the call, intermediate systems handling and routing the call, and the destination system. Public Safety Answering Point. A point that has been designated to receive 911 calls and route them to emergency service personnel. Publi
30、c Switched Network. Any com-mon carrier switched network, whether by wire or radio, including local ex-change carriers, interexchange car-riers, and mobile service providers, that use the North American Num-bering Plan in connection with the pro-vision of switched services. Statewide default answeri
31、ng point. An emergency answering point designated by the State to receive 911 calls for ei-ther the entire State or those portions of the State not otherwise served by a local PSAP. 59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38402, July 24, 1996; 61 FR 40352, Aug. 2, 1996; 62 FR 18843, Apr. 17,
32、 1997; 63 FR 2637, Jan. 16, 1998; 64 FR 60130, Nov. 4, 1999; 67 FR 1648, Jan. 14, 2002; 72 FR 50073, Aug. 30, 2007; 75 FR 22276, Apr. 28, 2010 20.5 Citizenship. (a) This rule implements section 310 of the Communications Act, 47 U.S.C. 310, regarding the citizenship of licens-ees in the commercial mo
33、bile radio services. Commercial mobile radio service authorizations may not be granted to or held by: (1) Any foreign government or any representative thereof; (2) Any alien or the representative of any alien; (3) Any corporation organized under the laws of any foreign government; (4) Any corporatio
34、n of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; or (5) Any corporation directly or indi-rectly controlled by an
35、y other corpora-tion of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or rep-resentative thereof, or by any corpora-tion organized under the laws of a for-eign country, if the Commission finds that the public
36、interest will be served by the refusal or revocation of such li-cense. (b) The limits listed in paragraph (a) of this section may be exceeded by eli-gible individuals who held ownership interests on May 24, 1993, pursuant to the waiver provisions established in section 332(c)(6) of the Communication
37、s Act. Transfers of ownership to any other person in violation of paragraph (a) of this section are prohibited. 59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996 20.6 CMRS spectrum aggregation limit. (a) Spectrum limitation. No licensee in the broadband PCS, cellular, or SMR servi
38、ces (including all parties under common control) regulated as CMRS (see 47 CFR 20.9) shall have an attrib-utable interest in a total of more than 55 MHz of licensed broadband PCS, cel-lular, and SMR spectrum regulated as CMRS with significant overlap in any geographic area. (b) SMR spectrum. To calc
39、ulate the amount of attributable SMR spectrum for purposes of paragraph (a) of this section, an entity must count all 800 MHz and 900 MHz channels located at any SMR base station inside the geo-graphic area (MTA or BTA) where there is significant overlap. All 800 MHz channels located on at least one
40、 of those identified base stations count as 50 kHz (25 kHz paired), and all 900 MHz channels located on at least one of those identified base stations count as 25 kHz (12.5 kHz paired); provided that any discrete 800 or 900 MHz channel shall be counted only once per licensee within the geographic ar
41、ea, even if the licensee in question utilizes the same channel at more than one location within the relevant geographic area. No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services will be attributed to an entity when de-termining compliance with the cap. (c) Significant overlap. (1
42、) For pur-poses of paragraph (a) of this section, significant overlap of a PCS licensed service area and CGSA(s) (as defined in 22.911 of this chapter) or SMR service area(s) occurs when at least 10 percent VerDate Mar2010 16:46 Dec 15, 2010 Jkt 220201 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Q:4747V2
43、ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-8 47 CFR Ch. I (10110 Edition) 20.6 of the population of the PCS licensed service area for the counties contained therein, as determined by the latest available decennial census figures
44、 as complied by the Bureau of the Census, is within the CGSA(s) and/or SMR serv-ice area(s). (2) The Commission shall presume that an SMR service area covers less than 10 percent of the population of a PCS service area if none of the base stations of the SMR licensee are lo-cated within the PCS serv
45、ice area. For an SMR licensees base stations that are located within a PCS service area, the channels licensed at those sites will be presumed to cover 10 percent of the population of the PCS service area, unless the licensee shows that its pro-tected service contour for all of its base stations cov
46、ers less than 10 per-cent of the population of the PCS serv-ice area. (d) Ownership attribution. For pur-poses of paragraph (a) of this section, ownership and other interests in broadband PCS licensees, cellular li-censees, or SMR licensees will be at-tributed to their holders pursuant to the follow
47、ing criteria: (1) Controlling interest shall be at-tributable. Controlling interest means majority voting equity ownership, any general partnership interest, or any means of actual working control (in-cluding negative control) over the op-eration of the licensee, in whatever manner exercised. (2) Pa
48、rtnership and other ownership interests and any stock interest amounting to 20 percent or more of the equity, or outstanding stock, or out-standing voting stock of a broadband PCS, cellular or SMR licensee shall be attributed, except that ownership will not be attributed unless the partner-ship and
49、other ownership interests and any stock interest amount to at least 40 percent of the equity, or outstanding stock, or outstanding voting stock of a broadband PCS, cellular or SMR li-censee if the ownership interest is held by a small business or a rural tele-phone company, as these terms are de-fined in 1.2110 of this chapter or other related provisions of the Commissions rules, or if the ownership interest is held by an entity with a non-control-ling equity inter
