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INTRODUCTION ă X` hp x (#%'0*,.8135@8:4carriers that they control or own.A>kv {O"'ԍ Id. at 1.A PrimeCo contends that the Rate Integration  X)4Reconsideration Order established for the first time that rate integration applies to CMRS")t0*%%ZZ"  X4providers.Akv {Oy'ԍ Id. at 2.A PrimeCo states that the Commission, at a minimum, should stay enforcement of the affiliation rules, which it maintains may require CMRS providers to engage in unlawful  X4price fixing and otherwise violate the Commission's procompetition policies.<Zkv {O'ԍ Id. <  X47. ` ` PrimeCo asserts that a stay of enforcement of Section 64.1801 as applied to CMRS would permit the Commission to remedy alleged procedural infirmities and develop a record upon which it may resolve issues associated with the implementation of the integration  X_4and affiliate rules to the extent they apply to the CMRS industry.C_kv {O 'ԍ Id.at 12.C PrimeCo further claims that a temporary stay of enforcement would be consistent with prior Commission decisions in which the Commission has stayed the effectiveness of a rule in instances where, after adoption of the rule, the Commission concluded that its implementation may lead to unanticipated and  X 4unintended consequences.^ ~kv {O2'ԍ Id. at 4 (citing Policies and Rules Concerning Unauthorized Changes of Consumer's Long Distance  {O'Carriers, 11 FCC Rcd 856 (1995); Amendment of Part 22 of the Commission's Rules Relating to License  {O'Renewals in the Domestic Public Cellular Radio Telecommunications Service, 8 FCC Rcd 8135 (1993)). PrimeCo states that, as an exercise of discretionary authority, stay of enforcement may not require satisfaction of the fourpart test for granting a stay set forth in  X 4Virginia Petroleum Jobbers Ass'n v. FPC, kv {O*'ԍ Virginia Petroleum Jobbers Ass'n v. FPC, 259 F.2d 921, 925 (D.C. Cir. 1958). but maintains that, nevertheless, its request  X 4satisfies this standard.H 6 kv yO'ԍ PrimeCo's Motion at 4.H  X48. ` ` PrimeCo contends that there is a strong probability that the Commission's action will be rescinded or revised upon further reconsideration on the ground that application of the rate integration and affiliate requirements to a CMRS provider is procedurally  XM4deficient.CM kv {O'ԍ Id. at 56.C PrimeCo states that the record reveals little, if any, information supporting the need for integration of CMRS interstate, interexchange rates, or the effects of imposing rate  X4integration with the affiliate rule upon CMRS providers.AX kv {O("'ԍ Id. at 5.A PrimeCo states that neither the"0*%%ZZ"  X4Rate Averaging and Rate Integration NPRMo^t1 {Oy'ԍ Policy and Rules Concerning the Interstate, Interexchange Marketplace Implementation of Section  {OC'254(g) of the Communications Act of 1934, as amended, Notice of Proposed Rulemaking, 11 FCC Rcd 7141,  {O '7169 n. 118 (1996) ("Rate Averaging and Rate Integration NPRM").o nor the Rate Averaging and Rate Integration  X4Report & Order refer to CMRS carriers, and that the Rate Integration Reconsideration Order refers to the application of rate integration to CMRS providers in only one subordinate  X4clause.Pkv yOu'ԍ PrimeCo's Motion at 56.P PrimeCo asserts that, since CMRS operates without regard to exchange boundaries, and is an endtoend service in which some carriers bundle long distance and local service, it  X4is unclear which CMRS offerings must be integrated.Akv {O 'ԍ Id. at 5.A PrimeCo further contends that section 254(g) was intended to codify the Commission's existing rate integration policy, which,  Xc4according to PrimeCo, had never been applied to CMRS.<c'kv {O;'ԍ Id. < For this reason, PrimeCo claims that it is fundamentally arbitrary and capricious for the Commission to adopt a statutory interpretation that imposes new regulatory burdens upon CMRS providers, without careful  X 4analysis based upon record evidence.A kv {O'ԍ Id. at 6.A  X 49. ` ` PrimeCo maintains that enforcement of the affiliate requirement will result in  X 4irreparable harm to PrimeCo and will have significant anticompetitive effects.A K kv {O'ԍ Id. at 7.A PrimeCo is owned, through intermediary partnerships, by AirTouch, US West, and Bell Atlantic, each of which arguably controls PrimeCo, and therefore, the affiliate requirement would require  X4PrimeCo to integrate its rates with each of its three controlling parents.C kv {O"'ԍ Id. at 78.C This, in turn, would require all three carriers to agree to charge identical rates for their respective interstate toll  Xf4services offered to their CMRS customers.Afo kv {O'ԍ Id. at 8.A PrimeCo, as well as its controlling parents, control other CMRS carriers with other entities, resulting in an expanding "daisychain" of  X84carriers that would be required to integrate rates with one another.C 8kv {O!'ԍ Id. at 89.C PrimeCo contends that application of the affiliate requirement to CMRS carriers, therefore, would require unlawful"! 0*%%ZZ "  X4price fixing counter to antitrust policies and the Commission's procompetitive policies.;!kv {Oy'ԍ Id.;  X4 10. ` ` PrimeCo contends that a temporary stay of enforcement will not injure the  X4legitimate interests of any party and will serve the public interest.A"Zkv {O'ԍ Id. at 9.A According to PrimeCo, consumers will not be injured, because the CMRS industry previously has not been subject to rate integration obligations, and the industry is highly competitive, producing market pressures  Xv4that keep rates low.<#vkv {O 'ԍ Id. < PrimeCo asserts that a stay would serve the public interest by allowing CMRS carriers to maintain competitive rate structures, and by relieving them of allegedly  XH4significant compliance burdens from imposition of the affiliate requirement.;$H~kv {Ow'ԍ Id.;  X ' B. ` ` Comments  X 4 11. ` ` Nine parties have filed comments supporting PrimeCo's Motion for generally  X 4the same reasons stated by PrimeCo. %4X kv yO'ԍ Comments of Airtouch Communications, Inc. In Support of Motion for Stay of Enforcement (contending that the decision to apply rate integration to CMRS providers has serious procedural infirmities and will have severe repercussions for the CMRS industry and the public interest); Comments of GTE Service Corporation in Support of PrimeCo Personal Communications, LP Motion for Stay of Enforcement ("GTE Comments") (arguing that the Commission's interpretation of Section 254(g) is flawed, that the requirement that carriers integrate across affiliates has serious anticompetitive consequences, and that a stay should be granted to all providers of interstate interexchange services); Comments of Southwestern Bell Mobile Systems in Support of Motion for Stay of Enforcement; Comments of Omnipoint Communications, Inc. (contending that pricing and calling area decisions should be left to the marketplace and the Commission should avoid regulation that prevents a PCS operator from reacting to the price competition it finds in the marketplace); Comments of US West, Inc. (arguing that the Commission should stay enforcement of the rate integration rule to CMRS or, at a minimum, enforcement of the affiliate requirement); Comments in Support of PrimeCo's Motion for Stay of Enforcement filed by BellSouth Corporation ("BellSouth Comments") (supporting forbearance from applying Section 254(g) to CMRS carriers and their affiliates, or, at a minimum, suspension of enforcement pending reconsideration), Comments of the Cellular Telecommunications Industry Association on the Motion for Stay of Enforcement of PrimeCo Personal Communications, LP (contending that grant of a stay would avoid the harm to consumers that  {O!'could result from unintended consequences of the Reconsideration Order, pending the Commission's consideration of petitions for clarification or further reconsideration); Comments of Personal Communications Industry Association in Support of PrimeCo Personal Communications, LP Motion for Stay of Enforcement (argues that a stay is necessary in light of the tremendous uncertainty in the industry about how the integration obligations apply to CMRS providers); Comments of Comcast Cellular Communications, Inc. (contending that a  {O%'stay is necessary because the Reconsideration Order did not adequately analyze the likely unintended"%$0*%%$" consequences of the rate integration policy extended to CMRS); Comments of Telephone and Data Systems, Inc. (arguing that application of rate integration to CMRS presents complex and controversial issues as to substance and implementation of requirements). In addition to repeating arguments advanced in its" %0*%%ZZ " Petition for Reconsideration, GTE also argues that, because section 254(g) does not distinguish between "providers," any stay granting relief must be applied to all providers of  X4interstate interexchange services.I&kv yOk'ԍ GTE Comments at 2, 56.I BellSouth, in addition to supporting PrimeCo's Motion generally, expresses concerned that our rate integration requirements would preclude its  X4offering of wide area rate plans.L'xkv yO 'ԍ BellSouth Comments at 1. L It requests emergency forbearance pursuant to Section 10  X4of the Act to prevent application of rate integration requirements to its wide area rate plans.;(kv {OF 'ԍ Id.;  Xv4It also requests forbearance of any affiliate requirements.D)vkv {O'ԍ Id. at 712.D  XH4 12. ` ` The State of Hawaii ("Hawaii"), the State of Alaska ("Alaska"), and the Commonwealth of the Northern Mariana Islands oppose the motion, arguing that PrimeCo has  X 4failed to satisfy the fourpart Virginia Petroleum Jobbers Ass'n test for granting a stay of a  X 4Commission order.* , kv yO'ԍ Opposition of the State of Hawaii ("Hawaii's Comments") at 1, 710; Comments of the State of Alaska ("Alaska's Comments") at 4; Opposition of the Commonwealth of the Northern Mariana Islands at 1. Hawaii and Alaska also dispute PrimeCo's contention that the Rate  X 4Integration Reconsideration Order is procedurally deficient because the Commission for the  X 4first time imposed rate integration requirements on providers of CMRS services in the Rate  X 4Integration Reconsideration Order.a+ kv yO'ԍ Hawaii Comments at 36; Alaska Comments at 14.a Hawaii and Alaska note that the Commission put  X 4everyone on notice of its view in the Rate Averaging and Rate Integration NPRMĠand Rate  X4Averaging and Rate Integration Order by stating that the requirements would apply to all domestic interexchange services, and by rejecting the suggestion of AMSC that rate  Xp4integration applied only to traditional wireline providers of interexchange services.a,pkv yO5 'ԍ Hawaii Comments at 36; Alaska Comments at 23.a Alaska also asserts that GTE seemed to understand that its CMRS operations would be subject to rate integration requirements when it challenged the Commission's determination that all GTE  X-4affiliates would be required to integrate their rates together.O--kv yO$'ԍ Alaska Comments at 34.O Hawaii states that PrimeCo's"-4-0*%%ZZ" argument that, until passage of section 254(g) CMRS providers were not subject to a rate  X4integration requirement, is incorrect and irrelevant.G.kv yOb'ԍ Hawaii Comments at 9.G  X4 13. ` ` Neither Hawaii nor Alaska opposes a narrowly tailored stay limited to the application of the affiliate rule to multiple, competing parent companies that jointly control a  X4CMRS provider.d/Xkv yO'ԍ Hawaii Comments at 10; Alaska Comments at 5, n. 3.d Hawaii states, however, that it opposes a stay that would permit CMRS affiliates under the common ownership and control of a single corporate parent to provide  X_4services on a nonintegrated basis.H0_kv yO 'ԍ Hawaii Comments at 11.H Similarly, Alaska states that the stay should not permit PrimeCo or a similarly situated firm from failing to satisfy rate integration requirements with  X14respect to its own operations.M11xkv yOZ'ԍ Alaska Comments at 5, n. 3.M  X 4B IV. DISCUSSION ă   X 4 14. ` ` Pursuant to section 1.103(a) of our Rules, 47 C.F.R.  1.103(a), we stay, pending reconsideration, for CMRS providers, application of our requirement that providers of  X 4interstate interexchange services integrate rates across affiliates.2 kv yO`'ԍ We note that Hawaii and Alaska have stated that they do not oppose a stay of the application of the affiliate rule to CMRS providers. Hawaii Comments at 10; Alaska Comments at 5, n. 3. Parties have raised in the stay requests significant issues including potential anticompetitive impacts of requiring rate integration across affiliates that may require alteration of the rule with respect to CMRS affiliates. We also stay, pending reconsideration, application of our rate integration rule to the extent that it otherwise would apply to wide area rate plans offered by CMRS providers. Given these two actions, however, we decline to stay enforcement of our requirement that CMRS carriers provide interstate interexchange services on an integrated basis. Under this decision, CMRS providers must provide any separate offering of interstate interexchange service on an integrated basis, but are not required, pending further reconsideration, to integrate rates across affiliates, or to implement rate integration for wide area rate plans. Our stay of rate integration requirements only applies to CMRS providers. Other carriers, including other wireless carriers, are not covered by this stay.   X|415. ` ` We will stay application of our rule that requires CMRS providers to integrate their rates to the extent that they provide CMRS service through wide area rate plans, pending"e` 20*%%ZZ"  X4reconsideration, pursuant to section 1.103(a) of our Rules, 47 C.F.R.  1.103(a).3 kv yOy'ԍ As stated above, BellSouth requests emergency forbearance pursuant to Section 10 of the Act to prevent  yOA'application of rate integration requirements to its wide area rate plans. Because we are staying application of our affiliate rule and implementation of rate integration requirements to wide area rate plans, we do not need to address further its request for forbearance. As noted by PrimeCo, we have previously extended the effective date of rules where application of a rule could raise issues that are best resolved with the benefit of additional information and  X4arguments.q4^kv {O 'ԍ See, e.g., Amendment of Part 73, Subpart G, of the Commission's Rules Regarding the Emergency  {O 'Broadcast System, FCC 97196 (rel. June 6, 1997); Policies and Rules Concerning Unauthorized Changes of  {O 'Consumer's Long Distance Carriers, 11 FCC Rcd 856 (1995).q Subject to a more complete examination of this issue on reconsideration, wide area rate plans, for purposes of the instant Order, may involve bundled offering of air time and interstate interexchange services. Wide area rate plans permit callers to make calls within a specified calling area at uniform charges specified by the carrier's particular plan. Some wide area rate plans may encompass broad geographic areas and may traverse state boundaries. In addition, carriers may offer different wide area rate plans in different areas. It is difficult to determine how rate integration should be applied with respect to wide area rate plans. We are concerned that immediate application of rate integration requirements to wide area rate plans could be disruptive to consumers. In addition, our examination of this issue would benefit from a more complete record regarding the need to require any rate integration of wide area rate plans. Thus, we will stay application of rate integration to wide area rate plans, pending further reconsideration. In order to ensure that our rules pending reconsideration will not be disruptive to local or wide area service plans, the stay will additionally apply to any separate offering of interstate interexchange service within a major trading area ("MTA"). CMRS providers will not have to modify existing wide area rate plans, or alter plans for revised or new plans, until we review this matter on a more complete record.  X416. ` ` With respect to application of the affiliate rule to CMRS providers, we will, likewise, stay application of this rule pending further reconsideration, so that CMRS providers will not have to integrate rates across affiliates until we review this rule on a more complete record. Although commenters most recently had an opportunity to address the issue of application of rate integration to CMRS providers in the notice and comment period following GTE's petition for reconsideration, we received virtually no comments on the issue. The record generated in response to PrimeCo's motion suggests a significant degree of affiliation in the CMRS industry, even among carriers competing in the same market. We thus conclude it is necessary for us to examine this issue further. Temporarily staying application of the affiliate rule to providers of CMRS services will allow the Commission to develop a more complete record upon which we can fashion any necessary refinements of affiliate"7 40*%%ZZ" requirements for CMRS providers. Accordingly, we will stay application of our affiliate requirement as applied to CMRS providers pending further reconsideration, pursuant to section 1.103(a) of our Rules, 47 C.F.R.  1.103(a).  X417. ` ` We disagree with GTE's contention that, because section 254(g) does not distinguish between "providers," any stay relief granted must be applied to all providers of  Xv4interstate interexchange services. As we stated in the Rate Integration Reconsideration Order, section 254(g) does not require a carrier to integrate an interstate interexchange CMRS service  XJ4with other interstate interexchange service offerings.v5Jkv {O 'ԍ Rate Integration Reconsideration Order at  18.v GTE has failed to provide any reason  X34why a stay should apply to it. Indeed, as explained in the Rate Integration Reconsideration  X 4Order, not requiring GTE and other nonCMRS providers of interstate interexchange services to integrate across affiliates would prevent achievement of the purposes of section 254(g). Nothing in the record suggests that the stay adopted herein, pending reconsideration, would seriously hamper our implementation of section 254(g). Our stay of application of our rate integration affiliate requirement only applies to CMRS affiliates. GTE and other carriers that provide interstate interexchange service through means other than CMRS continue to be  X4required to integrate rates across affiliates as determined in the Rate Integration  X4Reconsideration Order.G6Zkv {O'ԍ Id. at  17.G  XU418. ` ` We next evaluate PrimeCo's motion under the standards of Virginia Petroleum  X@4Jobbers Ass'n/Washington Metropolitan Area Transit Commission.7@kv {O'ԍ SeePetition of the Connecticut Department Public Utility Control to Retain Regulatory Control of  {O'Wholesale Cellular Service Providers in the State of Connecticut, FCC 95-387, 11 FCC Rcd. 848 (1995). The four factors to be considered under this test are: (1) a likelihood of success on the merits by the party requesting the stay; (2) irreparable harm in the absence of a stay; (3) no substantial harm to  X4other interested parties if the stay is granted; and (4) public interest in favor of the stay.8Hkv {O'ԍ Virginia Petroleum Jobbers Ass'n, 259 F.2d 921, 925 (D.C. Cir. 1958) as modified in Washington  {O'Metropolitan Area Transit Commission v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977). We will evaluate these factors in light of our decision to stay application of rate integration to wide area rate plans offered by CMRS providers, as well as our decision to stay application of our affiliate requirement as applied to CMRS providers, pending further reconsideration.  X419. ` ` We determine that PrimeCo has failed to demonstrate that it is likely to prevail on the merits of its challenge to the general application of the rate integration rules to CMRS"s 80*%%ZZq"  X4providers adopted in the Rate Integration Reconsideration Order.>9Zkv yOy'ԍ Since we are staying, pursuant to section 1.103(a) of our Rules, application of our affiliate rule to  {OA'CMRS providers, we do not address, under Virginia Petroleum Jobbers Ass'n, whether PrimeCo is likely to prevail on the merits of that issue.> Its principal basis for this claim is that the Commission's decision to apply rate integration requirements to providers of CMRS services is deficient in that there was allegedly inadequate notice and record to support application in this proceeding of section 254(g) to wireless carriers. The language of section 254(g), however, applies to "providers of interexchange telecommunications services" with no  X4exceptions enumerated. Further, the Rate Averaging and Rate Integration NPRM stated that  Xz4an interexchange call includes all means of connecting two points, "wireline or wireless."k:zkv {O 'ԍ See Rate Averaging and Rate Integration NPRM.k We, therefore, find no lack of notice regarding the application of rate integration requirements  XL4to providers of CMRS services. We also reiterated in the Rate Averaging and Rate  X74Integration Order, that rate integration requirements applied to "all domestic interstate interexchange telecommunication services as defined in the 1996 Act, and all providers of  X 4such services (emphasis added)."m; |kv {O8'ԍ Rate Averaging and Rate Integration Order at  52.m We also specifically rejected AMSC's claim that rate integration applied only to wireline providers of interexchange services. We stated in both the  X 4Rate Averaging and Rate Integration Order and the Rate Integration Reconsideration Order  X 4that AMSC, a CMRS service provider, is required to integrate its rates.< kv {O'ԍ Rate Averaging and Rate Integration Order at  54; Rate Integration Reconsideration Order at  2427. Moreover, GTE specifically raised on the record on reconsideration the issue of rate integration across affiliates, clearly implicating application of rate integration across CMRS affiliates, and we explained that it was necessary to apply rate integration requirements across affiliates in order  Xl4to maintain, and further achieve, the rate integration policy of section 254(g).=lh kv {O'ԍ GTE Petition for Recon. at 1112; Rate Integration Reconsideration Order at  16.  X>420. ` ` We also find that, especially in light of our stay discussed above, PrimeCo has failed to demonstrate that application of rate integration requirements will result in irreparable harm to it or other CMRS providers. With respect to application of rate integration requirements generally, PrimeCo and the commenting parties have failed to show, to the extent that they are not already substantially in compliance, that they would be harmed by offering any separate offering of interstate interexchange service on an integrated basis.  X421. ` ` Our rate averaging and rate integration rules afford CMRS providers some types of flexibility in implementing rate integration, to the extent that they are not now in" =0*%%ZZ"  X4compliance. In the Rate Averaging and Rate Integration Order, for example, we decided to forbear from applying Section 254(g), consistent with the intent of Congress, to the extent necessary to permit carriers to depart from geographic rate averaging to offer contract tariffs,  X4Tariff 12 offerings, optional calling plans, temporary promotions, and private line services.l>kv {O6'ԍ Rate Averaging and Rate Integration Order at  27l  X4We also decided to permit carriers to offer temporary promotions?Zkv yO'ԍ Temporary promotions involve discounts from basic rate schedules as well as limited signup periods for  {Oy'the promotional discount rates. See Rate Averaging and Rate Integration Order at  20. that may be  X4"geographically limited," provided that the promotions are temporary, i.e., limited to no more  Xz4than 90 days.H@zkv {O 'ԍ Id. at  30.H We noted that our rate integration rules require that, to the extent that a provider of interexchange service offers optional calling plans, contract tariffs, discounts, promotions, and private line services to its subscribers in one state, it must use the same ratemaking methodology and rate structure when offering those services to its subscribers in  X 4any other state.HA Fkv {O'ԍ Id. at  67.H For all of these reasons, we conclude that PrimeCo and other carriers will not be irreparably harmed by application of rate integration requirements to them. Because we have determined that PrimeCo has failed to meet the first two elements of the standard for  X 4granting a stay, i.e., that it is likely to prevail on the merits and that it would be irreparably harmed by application of rate integration requirements, we find it unnecessary to address whether grant of the requested stay would substantially harm other interested parties or serve the public interest.   XQ4" V. ORDERING CLAUSES ă  X#422. ` ` Accordingly, IT IS ORDERED that the "Motion for Stay of Enforcement of PrimeCo Personal Communications, LP," IS GRANTED to the extent discussed above, and IS OTHERWISE DENIED.  X423. ` ` IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and Section 1.103(a) of the Commission's Rules, 47 C.F.R.  1.103(a), that application of rules requiring rate integration across CMRS  X4affiliates established in the Rate Integration Reconsideration Order IS STAYED pending  Xm4further reconsideration of the Rate Integration Reconsideration Order.  XA424. ` ` IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications"A A0*%%ZZ8" Act of 1934, as amended, 47 U.S.C.  154(i), and Section 1.103(a) of the Commission's Rules, 47 C.F.R.  1.103(a), that application of rules requiring CMRS providers to integrate their rates to the extent that they provide wide area rate plans IS STAYED pending further  X4reconsideration of the Rate Integration Reconsideration Order.  X425. ` ` IT IS FURTHER ORDERED that this Order IS EFFECTIVE upon the date of adoption. ` `  hhCFEDERAL COMMUNICATIONS COMMISSION  X 4` `  hhCWilliam F. Catonpp  *  X 4` `  hhCActing Secretary