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 SEPARATE  STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Reexamination  of  Roaming  Obligations  of  Commercial  Mobile  Radio  Service  Providers;  WT  Docket  No.  05-  265 
 Concerns  about  roaming  have  become  more  and  more  widespread  over  the  past  several  years.  Whether  in  the  context  of  recent  mergers  or  other  rulemakings,  we  are  hearing  regularly 
 from  small  and  mid-  size  carriers  who  are  becoming  increasingly  frustrated  with  their  inability  to  negotiate  automatic  roaming  agreements  with  larger  regional  and  nationwide  carriers  for  the  full 
 range  of  CMRS  services.  Not  surprisingly,  consolidation  in  the  wireless  industry  over  the  past  12  months  has  only  served  to  amplify  existing  concerns  about  the  current  state  of  roaming 
 practices. 
 So  I  am  very  pleased  we  are  initiating  a  proceeding  that  will  explore  all  aspects  of  the  issue  of  roaming  and  more  specifically  the  effects  of  consolidation  on  the  ability  of  smaller 
 carriers  to  negotiate  access  to  larger  networks.  While  CMRS  providers  are  subject  to  the  common  carrier  provisions  of  Title  II  of  the  Act,  including  Sections  201  and  202,  I  support  the 
 item’s  request  for  comment  on  whether  existing  remedies  under  these  provisions  of  the  law  have  been  sufficient  to  ensure  the  continued  development  of  automatic  roaming  services. 


 I  strongly  encourage  interested  parties  to  provide  as  full  and  complete  a  record  as  possible  in  this  proceeding.  Unfortunately,  it  can  sometimes  be  difficult  to  determine  where  the 
 lines  are  between  reasonable  business  practices  and  unreasonable  discrimination,  and  we  need  to  hear  from  industry  on  where  these  lines  may  fall.  Parties  concerned  about  roaming  practices 
 should  supply  us  with  as  much  detail  as  they  can  so  that  we  truly  are  informed  about  the  current  status  of  roaming  in  the  wireless  industry. 


 Finally,  I  want  to  thank  the  Chairman  and  the  Wireless  Telecommunications  Bureau  for  initiating  this  new  proceeding  so  quickly.  I  was  willing  to  delay  a  discussion  of  roaming  issues 
 in  the  context  of  recent  mergers  provided  that  we  committed  to  get  an  industry-  wide  proceeding  launched  quickly.  I  fully  support  our  item  today  because  it  responds  to  my  concerns  and  is  a 
 positive  and  timely  step  forward  to  considering  this  important  issue. 
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