AT&T and Verizon Wireless have challenged a ruling made by the FCC in December regarding data roaming rates. The FCC sided with an argument made by T-Mobile about how reasonable roaming rates are calculated. The FCC is not going to set rates, but will "provide guidance on the application of the commercial reasonableness standard" with respect to data roaming rates. AT&T and Verizon fought the FCC ahead of the ruling and have now filed petitions asking the FCF to reverse its decision. "Responding to a nakedly self-interested plea from T-Mobile for additional leverage in its commercial negotiations with AT&T, the [FCC] issued a declaratory ruling that purports to 'clarify' the Commission's rules, provide 'additional guidance,' and 'lessen ambiguity,' but has in fact thrown the Commission's entire data roaming regime into confusion," argued AT&T. Verizon accuses the FCC of not following the proper protocol when making the ruling. "These changes were unlawful because modifications to the Data Roaming Order must be made through rulemaking--and must be made by the full Commission, not by the Bureau. They also undermine the Commission's policy decision to ensure that its roaming rules do not cause carriers to rely on roaming rather than to expand their coverage and invest in building out facilities." The FCC hasn't responded to AT&T and Verizon. T-Mobile asked the FCC to change the rules because it believes AT&T is overcharging for data roaming.


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