Verizon Wireless, AT&T Ask FCC Not to Change Roaming Rules

Verizon representatives opposed proposed changes to the FCC’s in-market roaming exclusion in a series of meetings at the FCC. AT&T has also asked the commission not to eliminate the exclusion, in a series of meetings with FCC officials. The FCC is expected to consider an order that would pull back the exclusion at its April 21 meeting.

"The Commission properly concluded in 2007 that mandatory in-market roaming would discourage facilities-based competition and eliminate incentives to build facilities in high cost areas,” the company said in an ex parte filing. “There is nothing in the record that justifies the Commission altering that conclusion.” Verizon submitted a map showing how one of its competitors, Leap Wireless, had managed to put together a network covering 277 million POPs in the U.S. even with the exclusion.

If the FCC approves a rule change, the rules should require that the FCC examine at least three factors in determining whether rates, terms and conditions for in-market roaming are just and reasonable and not unreasonably discriminatory, Verizon said, including: “The spectrum assets held by the requesting carrier in the home market, whether the spectrum is encumbered, and how long has it been unencumbered; The requesting carrier’s presence in the requested market, measured by factors such as how long the requesting carrier has held spectrum assets in the requested markets and the extent to which it has built facilities in those markets; and the extent to which the requesting carrier provides roaming or other benefits similar to those the requesting carrier will derive from the arrangement."

AT&T also reported on a series of meetings at the FCC. “The AT&T representatives expressed AT&T’s views … that changes to the existing roaming rules are not needed and that voluntary negotiated roaming agreements continue to flourish,” AT&T said in an ex parte filing. “Specifically, elimination of the ‘home market’ roaming exception would frustrate facilities-based competition and dis-incent build-out.”

Leap Wireless took a shot at AT&T and Verizon Wireless, in a filing at the FCC. “Notwithstanding the uniform consensus of virtually the entire wireless industry and consumer groups, AT&T and Verizon in recent weeks continue to stand alone in their efforts to preclude wireless consumers from enjoying seamless voice and data coverage,” Leap said. “Specifically, these supercarriers ask the Commission to bless their continued discrimination against or outright denial of roaming service to customers of their competitors.” The factors proposed by Verizon would “dilute the strength” of the roaming rules, Leap said. “The factors Verizon cites, not surprisingly, replicate the same anticompetitive defects as the current in-market exception, and would permit Verizon to deny roaming services to competitive carriers based on their spectrum assets, the extent of construction using such assets, or the degree to which Verizon would derive ‘roaming or other benefits’ from the arrangement similar to those of the requesting carrier.”

MetroPCS made similar arguments in a series of meetings at the FCC, according to an ex parte filing. “MetroPCS urged the Commission not to enumerate any particular ‘conditions’ or ‘factors’ that the Commission would consider in determining whether the denial of roaming in a particular circumstance was just and reasonable.”