The conditions attached by the Court to the grant of this motion should ensure that this will not occur.
This course is consistent with the policy this Court has pursued throughout the period when it has been responsible for oversight of the decree: to loosen the restrictions so as to permit the Regional Companies to enhance competition in various markets when possible, yet to do so prudently in order to prevent a return to the anticompetitive practices which caused the decree to be entered in the first place.
With the conditions and limitations discussed above, the motion is granted.
April 28, 1995
HAROLD H. GREENE
United States District Judge
Upon consideration of the Regional Companies' Motion for a Modification of Section II(D) of the Decree to Permit Them to Provide Cellular and Other Wireless Service Across LATA Boundaries, the responses, oppositions, and replies thereto, and the entire record in this case, and for the reasons set forth in the Opinion accompanying this Order, it is this 28th day of April, 1995
ORDERED that the Regional Companies' motion be and it is hereby GRANTED subject to the limitations and conditions set forth below; and it is further
ORDERED that a new Section VIII(L) shall be added to the Decree as follows:
"VIII(L) Wireless Interexchange Service
For the purpose of this Section:
a. "MTSO" means Mobile Telephone Switching Office and the equipment used therein to provide for the handoff of a Wireless Exchange Service subscriber's call as it moves between cell sites and to switch calls between Wireless Exchange Systems and landline networks of local and interexchange carriers. "MTSO" within the meaning of this Section also includes the home and visitor registers, wherever located, that facilitate the provision of carrier selection, roaming and call completion services, including the routing or redirection of calls to Wireless Exchange Service subscribers at locations outside the Wireless Exchange System, or to other devices such as voice storage or paging systems.
b. "Wireless Exchange Carrier" means an entity that is a carrier within the meaning of the Communications Act of 1934 and that provides Wireless Exchange Services.
c. "Wireless Exchange Services" means commercial mobile services, as defined in 47 U.S.C. § 332(d)(1); provided, however, that a Regional Company's Wireless Exchange Services are limited to services provided by corporations that have been established as separate subsidiaries from the Regional Company's local telephone exchange companies ("LECs"), and provided, further, that the principal facilities used to provide Wireless Exchange Services, including the MTSO and radio base stations, are physically and operationally separate from LEC facilities.
d. "Wireless Exchange System" means the MTSO, cell sites, connecting transmission lines, and other facilities which are operated or controlled by a Wireless Exchange Carrier and used to provide Wireless Exchange Services in an exchange area.
2. Limitations and Conditions
Subject to the conditions stated in this Section and as supplemented by the requirements of the compliance plans to be filed pursuant to subsection 5, a Regional Company's Wireless Exchange System shall be permitted to provide the interexchange telecommunications services enumerated in subsection 3 "a" through "f," subject to the following limitations, terms, and conditions:
a. A Regional Company's Wireless Exchange System may provide cellular interexchange telecommunications services only in areas where it demonstrates (i) that there are no legal or regulatory barriers to the provision of access services by non-Regional Companies from the MTSOs to the interexchange carriers' points of presence; and (ii) that there is at least one such non-Regional Company providing such alternative access.