The licensee of each Cellular system is responsible for ensuring that its Cellular system operates in compliance with this section. Each Cellular system must provide either mobile service, fixed service, or a combination of mobile and fixed service, subject to the requirements, limitations and exceptions in this section. Mobile service provided may be of any type, including two-way radiotelephone, dispatch, one-way or two-way paging, and personal communications services (as defined in part 24 of this chapter). Fixed service is considered to be primary service, as is mobile service. When both mobile and fixed services are provided, they are considered to be co-primary services. In providing Cellular service, each Cellular system may incorporate any technology that meets all applicable technical requirements in this part.
[79 FR 72151, Dec. 5, 2014]
Notes of Decisions
In re Mercedes-Benz Tele Aid Contract Litig., 257 F.R.D. 46 (D.N.J. 2009).
· cites it 3× “FCC Rule The fact that Plaintiffs’ vehicles were equipped with analog-only Tele Ad systems would not have spawned the current controversy were it not for the promulgation of an FCC rule eliminating the requirement, previously mandated in 47 C.F.R. §§ 22.901 and 22.933, that…”
In Re the Appeal of Topeka SMSA Ltd. P'ship, 917 P.2d 827 (Kan. 1996).
“47 C.F.R. § 22.901 (c)(1) (1993). Under FCC regulations, cellular service is one of several types of radio communication classified under the more general category of “commercial mobile radio service” (CMRS).”
SBC Commc'ns, Inc. v. Fed. Commc'ns Comm'n, 981 F. Supp. 996 (N.D. Tex. 1997).
“For the purposes of this subparagraph, services provided pursuant to subpart K of part 22 of the Commission’s regulations (47 C.F.R. 22.901 et seq.) shall not be considered to be telephone exchange services.”
Indep. Cellular Tel., Inc. v. Daniels & Assocs., 863 F. Supp. 1109 (N.D. Cal. 1994).
“, 47 C.F.R. §§ 22.901 , 22.916-22.940. Accordingly, under the plain meaning of the statute, the cellular phone industry is exempted from regulation by the state.”
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