FCC’s Wireless Telecommunications Bureau Issues Declaratory Ruling on Data Roaming

The Federal Communications Commission’s Wireless Telecommunications Bureau has granted a T-Mobile US petition for an expedited declaratory ruling in order to provide additional guidance on how to evaluate data roaming agreements under the standard set forth in Section 20.12(e) of the FCC’s rules.

This rule obligates facilities-based providers to offer data roaming arrangements to other such providers on “commercially reasonable terms and conditions.” Specifically, the petition requests guidance that, in evaluating data roaming disputes, the FCC will consider as potentially relevant whether proffered data roaming rates are substantially in excess of retail rates, international rates, and mobile virtual network operator (MVNO)/resale rates, as well as how proffered data roaming rates compare to domestic data roaming rates charged by other providers.

Additionally, the petition argues that:
(i) the presumption in the Data Roaming Order that the terms of an existing roaming agreement are commercially reasonable should be interpreted to apply only with respect to challenges to the terms of that agreement, and not to future agreements; and
(ii) the inclusion of the extent and nature of providers’ build-out as a relevant factor should not be interpreted to allow a host provider to deny roaming or charge commercially unreasonable rates for roaming in a particular area where the otherwise built-out requesting provider has not built out in that area.