T-Mobile Tuesday asked the FCC to “expeditiously” issue...

T-Mobile Tuesday asked the FCC to “expeditiously” issue a declaratory ruling offering guidance and “predictable” enforcement criteria for determining whether the terms of data roaming agreements meet the “commercially reasonable” standard adopted by the commission in its 2011 data roaming order. “Carriers need this modest guidance to provide necessary clarity in individualized negotiations and to help parties better evaluate the commercial reasonableness of offered terms and to reach agreements,” T-Mobile said in a petition filed in docket 05-265 (http://bit.ly/Ry0kWn). “The Commission adopted the data roaming rule because it found that providers require access to data roaming in order to be able to compete, and that an extensive record showed that many were having difficulty obtaining such access on reasonable terms,” T-Mobile said. “Despite adoption of the rule, however, real-world industry experience shows that providers continue to be stymied in their efforts to negotiate data roaming agreements on commercially reasonable terms.” A sharply divided FCC approved the order three years ago (CD April 8/11 p1). “As data usage increases exponentially with the explosion [in the number of] of broadband wireless devices, obtaining data roaming on commercially reasonable terms and conditions is important in helping to promote a competitive wireless industry,” said T-Mobile Vice President Kathleen Ham. “The ruling T-Mobile requests will provide much needed guidance for the wireless industry and further the FCC’s goals of enhancing competition, facilitating innovation and investment, and promoting nationwide broadband connectivity."