Chairman Genachowski Responds to Members of Congress on Data Roaming

Earlier this year Republicans on the House Commerce Committee sent Federal Communications Commission Chairman Julius Genachowski a letter warning the FCC to not take any action on proposed data roaming rules without first answering the Members' concerns about the FCC's authority to do so.

On March 17, Chairman Genachowski answered saying that for nearly 30 years the FCC has required roaming in one form or another to "continue to foster the development of seamless automatic roaming services for all [ ] subscribers in the nation." He said he believes data roaming arrangements are best negotiated between mobile providers in light of commercial considerations. Accordingly, he does not support a common-carriage mandate for data roaming. But FCC staff has recommended that a data roaming rule is necessary to ensure vibrant competition in the mobile marketplace, to unleash billions of dollars of investment that is currently sidelined, to create thousands of new jobs and to meet the consumer demand for seamless nationwide coverage, be it for voice or data. The FCC will vote soon on rules that require a facilities-based provider of commercial mobile data services to offer roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to various limitations designed to account for and protect the legitimate interests of the companies that would be providing roaming.