AT&T Pushes Back Against T-Mobile Data Roaming Declaratory Ruling Request

T-Mobile's request for declaratory ruling on data roaming would be unlikely to survive appellate review if granted, AT&T said. For 2014, the average rate paid by AT&T through August is higher than T-Mobile's projected average rate for 2014, AT&T said in an ex parte filing posted Tuesday in docket 05-265. The rates AT&T offered to T-Mobile for LTE roaming "compare favorably with T-Mobile's projected average 2014 rates," it said. "These facts indicate that AT&T has offered data roaming to T-Mobile on commercially reasonable terms." Adopting T-Mobile's request that the commercial reasonableness of roaming rates be determined by measuring them against "benchmarks" drawn from rates applicable to other services "would amount to common carrier rate regulation, which is prohibited by the Communications Act," it said. The filing recounts a meeting with staff from the FCC Office of General Counsel.