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PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                           DA 97-2464

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                                                Released: November 24, 1997


                         PUBLIC COMMENT INVITED
                                    
   WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON A PETITION FOR
    A DECLARATORY RULING REGARDING THE JUST AND REASONABLE NATURE OF,
    AND STATE LAW CHALLENGES TO, RATES CHARGED BY CMRS PROVIDERS WHEN
   CHARGING FOR INCOMING CALLS AND CHARGING FOR CALLS IN WHOLE-MINUTE
          INCREMENTS FILED BY SOUTHWESTERN BELL MOBILE SYSTEMS 

On November 12, 1997, Southwestern Bell Mobile Systems (SBMS) filed a Petition for a Declaratory
Ruling Regarding the Just and Reasonable Nature of, and State Law Challenges to, Rates Charged by
CMRS Providers When Charging for Incoming Calls and Charging for Calls in Whole-Minute
Increments.  In the Petition, SBMS states that numerous class actions challenging the billing practices of
CMRS providers have been filed throughout the country.  Specifically, SBMS cites a complaint (Smilow
v. Southwestern Bell Mobile Systems, Inc., Civ. A. No. 97-10307) filed against it in the United States
District Court, District of Massachusetts, which alleges that SBMS' practices of charging in whole-minute
increments and billing for incoming calls violate Section 201(b) of the Communications Act of 1934 (the
"Act"), 47 U.S.C.  201(b), and Massachusetts state law.  SBMS states that the court in the Smilow case
has concluded that the Commission would be a more appropriate body to make an initial determination
with respect to certain issues raised in the case.  SBMS' petition therefore requests that the Commission
issue the following declaratory ruling:  (1) that Congress and the Commission have established a general
preference for competition over regulation in the CMRS marketplace, (2) that rounding up and charging
for incoming calls are common industry practices that are not unjust or unreasonable under Section 201(b)
of the Act, (3) that "call initiation" in the CMRS context occurs when the customer activates the phone
to place or receive a call, (4) that the term "rates charged," as used in Section 332(c)(3) of the Act,
includes at least the choice of which services to charge for and how much to charge for them, (5) that
challenges to the rates charged to end users by CMRS providers are exclusively governed by federal law,
and (6) that state law claims directly or indirectly challenging CMRS rates are barred by Section 332(c)(3)
of the Act.

Interested parties may file comments on the Petition no later than December 24, 1997; reply comments
should be filed on or before January 8, 1998.  All comments should reference the Petition and this Public
Notice.  An original and four copies of all comments must be filed with the Office of the Secretary,
Federal Communications Commission, 1919 M Street, Room 222, N.W., Washington, DC 20554.  One
copy of comments and reply comments should be sent to Yanic Thomas, Policy & Rules Branch,
Commercial Wireless Division, Wireless Telecommunications Bureau, Seventh Floor, 2100 M Street,
N.W., Washington, DC 20554.  One copy should also be sent to the following: International
Transcription Service, Inc. (ITS), 1231 20th Street, N.W., Washington, DC 20036.  

The full text of the Petition, comments and reply comments will be available for inspection and
duplication during regular business hours in the Public Reference Room, 2025 M Street, N.W., Room
5608, Washington, D.C. 20554.  Copies may also be obtained from ITS, 1231 20th Street, N.W.,
Washington, D.C. 20036, (202) 857-3800.
        
Pursuant to Section 1.1206 of the Commission's Rules, 47 C.F.R.  1.1206, this proceeding will be
conducted as a non-restricted proceeding in which ex parte communications are permitted but subject to
disclosure.

For further information, contact Yanic Thomas, of the Wireless Telecommunications Bureau, at 202-418-
7240.

                                  -FCC-