The D.C. Circuit has held, in Cellco Partnership v. Federal Communications Commission, that the FCC can require wireless carriers to allow data roaming on their network by customers of other carriers, as long as it is based on commercially reasonable terms. The court found that the FCC has the authority to promulgate the Second Report and Order In the Matter of Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers and Other Providers of Mobile Data Services under the Communications Act of 1934, and that its promulgation does not improperly impose common carrier obligations on mobile data providers. The court's holding is an important victory for the FCC, and for smaller mobile providers, as it confirms the Commission’s authority to regulate both voice and data wireless services while giving it the flexibility to treat voice and data differently.
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Court upholds FCC’s data roaming rule
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