2Section 254(d) of the Telecommunications Act of 1996 ("1996 Act"), Pub. L. No. 104-104, 110 Stat. 56 (1996); to be codified at 47 U.S.C. [[section]]254(d).
3Motorola Satellite Communications, 10 FCC Rcd 2268 (Int'l Bureau 1995).
4Id. at 2268.
5See, e.g., Comments of Ameritech at 23 n.35; Comments of the NYNEX Telephone Companies at 23-24.
6Section 254(d) of the 1996 Act.
7Section 3(49) of the 1996 Act (emphasis added).
8Section 3(51) of the 1996 Act (emphasis added).
9See, NARUC I, 525 F.2d 630, 641 (D.C. Cir. 1976), where the Court defined an essential element of common carriage as an undertaking by a carrier "to carry for all people indifferently." The Court alluded to the FCC's definition of common carriage with approval.
[T]he fundamental concept of a communications common carrier is that such a carrier makes a public offering to provide, for hire, facilities by wire or radio whereby all members of the public who choose to employ such facilities may communicate or transmit intelligence of their own design and choosing.
NARUC I at 641 n.58.
See also, NARUC II, 533 F.2d 601, 608-609 (D.C. Cir. 1976) (A communications common carrier holds itself out indifferently to serve all potential users and these users transmit intelligence of their own choosing).
10H.R. No. 458, 104th Cong., 2nd Sess. 115 (1996).
11Id. at 114.
12Id.
1347 U.S.C. [[section]] 332(c).
1447 U.S.C. [[section]] 332(d).
1547 U.S.C. [[section]] 332(c)(5). The legislative history reflects a congressional intent to allow the FCC to continue its individualized determinations as to whether the provision of space segment capacity to providers of CMRS is common carriage. Congress noted, however, that "the provision of space segment capacity directly to users of commercial mobile services shall be treated as common carriage." Conference Report to the Omnibus Budget Reconciliation Act of 1993, H. R. Rep. No. 213, 103rd Cong., 1st Sess. 494 (1993) reprinted in 1993 U.S.C.C.A.N. 1088, 1183.
16Implementation of Sections 3(n) and 332 of the Communications Act's Regulatory Treatment of Mobile Services, Second Report and Order. 9 FCC Rcd 1411, 1456-1457 (1994) (emphasis added).
1747 C.F.R. [[section]] 20.9(a)(10) (emphasis added).
18Amendment of the Commission's Rules to Establish Rules as Policies Pertaining to a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands, Report and Order, 9 FCC Rcd 5936, 6002 (1994). In addition to its interpretation of the statutory CMRS provisions, the Commission relied extensively on the analysis of the NARUC I Court. Id. at 6002-6004.
19Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Non-Voice, Non-Geostationary Mobile-Satellite Service, Report and Order, 8 FCC Rcd. 8450, 8456 (1993). The Commission later authorized Orbcomm to sell bulk space segment to resellers on a non-common carrier basis. Orbital Communications Corporation, 9 FCC Rcd 6476 (1994).
20Motorola Satellite Communications, Inc., 10 FCC Rcd 2268, 2272 (Int'l Bureau 1995).
21Id.
22TRW, 10 FCC Rcd 2263, 2266 (Int'l Bureau 1995); Loral/Qualcomm, 10 FCC Rcd 2333, 2336 (Int'l Bureau 1995).
23Amendment of the Commission's Regulatory Policies Governing Domestic Fixed Satellites and Separate International Satellite Systems, Report and Order, FCC 96-14, [[paragraph]] 49 (January 22, 1996).
24Just last month, in the context of its Local Competition rulemaking proceeding, the Commission again indicated that it would continue to make case-by-case decisions as to whether the provision of MSS is CMRS or Private Mobile Radio Service. Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Notice of Proposed Rulemaking, CC Docket No. 96-98, FCC 96-182, [[paragraph]] 247 (released April 19, 1996)
25Section 3(48) of the 1996 Act.
26H.R. Rep. No. 458, 104th Cong., 2nd Sess. 114 (1996).
27Big LEO Report and Order at 6002. See, also, 47 C.F.R. [[section]]20.9(a)(10).