T-Mobile USA, Inc. (T-Mobile) has filed a petition for declaratory ruling asking the FCC to remove uncertainty as to whether the terms and conditions of data roaming agreements meet the “commercially reasonable” standard the FCC adopted in the Data Roaming Order. The FCC adopted the Data Roaming Order in part because it found that carriers need access to data roaming in order to effectively compete and carriers were having difficulty negotiating commercially reasonable agreements. T-Mobile argues that carriers still face difficulties obtaining access to data roaming on reasonable terms and conditions due to ambiguities in the Commission’s data roaming rules. T-Mobile argues that carriers have little “real-world guidance when faced with unreasonable tactics deployed by ‘must have’ roaming partners” who are exploiting the ambiguities in the FCC’s rules and unreasonably denying roaming requests.
