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The FCC has adopted new rules that mandate data roaming between wireless carriers, as lobbied for by many rural cellcos.

FCC chair Julius Genachowski and the two other Democrat commissioners voted for the roaming requirement, while the Republicans, Robert McDowell and Meredith Atwell-Baker, were against. They both said data roaming was a good thing, but argued that the FCC was overstepping its authority in imposing the new regulations, while Atwell-Baker also said she thought rules were unnecessary as AT&T and Verizon Wireless had negotiated many roaming deals anyway. This has been the key argument of the major telcos in opposing the roaming proposals.

The rules will require cellcos which own infrastructure and spectrum to "offer data roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to certain limitations” in order to ensure coverage everywhere for data consumers, and to stimulate competition. This approach follows the adoption of mandatory voice roaming in 2007, which Genachowski said had been very successful and had spurred investment, especially in rural services.

"Roaming obligations have helped fuel competition, investment and consumer choice in America's wireless marketplace since the first cellular voice service in 1981," Genachowski said in a statement. "Today, we take a vital step to update this framework for the twenty first century, as Americans increasingly use their mobile devices for data as well as voice."

The only national carrier in favor of the new regulations was Sprint, whose SVP of government affairs, Vonya McCann, said in a statement: "The FCC must be congratulated for taking this action despite the opposition of the two largest US wireless carriers who have lobbied against this pro-consumer, pro-competitive item. With AT&T's proposed acquisition of T-Mobile and the corresponding threat it poses to continued wireless competition, it is absolutely critical that the FCC take steps to promote competition and level the playing field."

AT&T and Verizon both voiced disappointment at the new rules, arguing they would be just a cloak for lower roaming costs. "Today's action represents a new level of unwarranted government intervention in the wireless marketplace," said the Verizon statement. "By forcing carriers that have invested in wireless infrastructure to make those networks available to competitors that avoid this investment, at a price ultimately determined by the FCC, today's order discourages network investment in less profitable areas."

A key aspect of the roaming debate has centered on the new networks being built out in 700MHz spectrum. Verizon, AT&T and many local cellcos hold licenses, but in different parts of the band, and the rural carriers want the FCC to mandate interoperability so that users can roam between networks with standardized devices.

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