Implementation of Sections 3(n) and 332 of the Communications ActRegulatory Treatment of Mobile Services

Résumé

In this Fourth Report and Order the Commission adopts rules that make certain non-equity relationships attributable interests for purposes of applying the 40 MHz limitation on broadband Personal Communications Service (PCS) spectrum, the PCS-cellular cross-ownership rules, and the general Commercial Mobile Radio Service (CMRS) spectrum cap. The Commission concluded that it is not in the public interest to treat resale agreements as attributable interests for the purpose of applying CMRS multiple-and cross-ownership rules. However, the Commission found that joint marketing arrangements between competitors in the same geographic area and certain management agreements should be treated as attributable interests for purposes of spectrum caps. These rules are necessary to ensure that a single entity will not have the ability to influence or control a large portion of the available mobile wireless spectrum and thereby undermine competitive pricing for wireless services.