H.R. 7000 Universal Roaming Act of 2008

On September 23, 2008, House Oversight and Reform Committee Chairman Henry Waxman (D-CA) introduced legislation to require telecom recipients of rural universal service funds to provide automatic roaming on just and reasonable terms to wireless carriers, adding a new dynamic to a raucous roaming debate that until now has played out almost exclusively at the Federal Communications Commission.

Text of bill:
SEC. 2. ROAMING REQUIREMENTS FOR RECIPIENTS OF HIGH COST UNIVERSAL SERVICE SUPPORT.

Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end the following new subsection:

`(m) Automatic Roaming Requirement-

`(1) IN GENERAL- Any eligible telecommunications carrier under subsection (e) that receives, on or after the end of the 180-day period that begins on the date of enactment of the Universal Roaming Act of 2008, Federal universal service support, as described in paragraph (2), and any affiliate of such eligible telecommunications carrier, shall be required to offer automatic roaming services without territorial limitation or restriction on just and reasonable terms, consistent with sections 201 and 202, to a carrier--

`(A) that requests such services on behalf of its subscribers; and

`(B) that provides technically compatible equipment to its subscribers.

`(2) SUPPORTED SERVICES- The requirement in paragraph (1) of this subsection shall only apply to an eligible telecommunications carrier and such carrier's affiliate if either such carrier or such affiliate receives support for the provision of services for rural, insular, and high cost areas supported under subsection (c)(1), as modified pursuant to subsection (c)(2).

`(3) OPT-OUT PROCEDURE-

`(A) NOTIFICATION- An eligible telecommunications carrier required to offer automatic roaming under paragraph (1) may notify the Commission that the carrier shall cease to seek and obtain universal service support with regard to the provision of services for rural, insular, and high cost areas.

`(B) OBLIGATIONS AND SUPPORT CEASE- Such carrier shall not be subject to the requirements of paragraph (1) and shall cease to receive universal service support with regard to the provision of services for rural, insular, and high cost areas at the end of the 90-day period that begins on the date that the Commission receives the notification under subparagraph (A), provided that such carrier and all of the affiliates of such carrier cease to receive such universal service support.

`(4) DISPUTE RESOLUTION- The Commission shall adjudicate any dispute about terms or technical compatibility pursuant to existing Commission procedures implementing section 208.

`(5) NO RATE REGULATION- Nothing in this subsection shall be construed as prescribing particular rates for the provision of automatic roaming services.

`(6) DEFINITION OF AUTOMATIC ROAMING- The term `automatic roaming' shall have the meaning given such term in the Commission's regulations.'.