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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  03-  4031  December  18,  2003 
 Wireless  Telecommunications  Bureau  Approves  Requests  for  Authorization  To  Participate  in  the  AirCell  System 
 On  December  24,  1998,  the  Wireless  Telecommunications  Bureau  (Bureau)  released  an  Order  granting  AirCell,  Inc.  (AirCell)  and  certain  participating  cellular  carriers  a  waiver  of  section  22.925  of  the 
 Commission's  rules,  47  C.  F.  R.  §  22.925,  subject  to  certain  conditions.  1  The  AirCell  Orders  allow  other  cellular  licensees  that  wish  to  participate  with  AirCell  and  operate  under  the  terms  and  conditions  of  the 
 AirCell  Orders,  as  modified,  to  file  their  own  waiver  requests.  2  On  November  6,  2003,  AirCell,  with  each  of  Plateau  Communications  Inc.,  and  Cable  &  Communications  Corporation  dba  Mid-  Rivers  Cellular 
 (Petitioners),  filed  petitions  for  waiver  of  section  22.925  and  for  authorization  to  participate  in  the  AirCell  system. 


 Petitioners  assert  that  their  requests  are  identical  to  those  previously  granted  to  AirCell  and  other  licensees  by  the  Bureau  and  subsequently  affirmed  by  the  Commission.  3  Petitioners  agree  to  the  terms  of 


 1  See  In  the  Matter  of  AirCell,  Inc.,  Petition,  Pursuant  to  Section  7  of  the  Act,  for  a  Waiver  of  the 
 Airborne  Cellular  Rule,  or,  in  the  Alternative,  for  a  Declaratory  Ruling,  Order,  14  FCC  Rcd.  806  (WTB  1998)  (AirCell  Bureau  Order),  recon.  granted  in  part,  denied  in  part,  Order  on  Reconsideration,  14  FCC 


 Rcd.  18430  (WTB  1999)  (AirCell  Reconsideration  Order),  application  for  review  denied,  Memorandum  Opinion  and  Order,  15  FCC  Rcd.  9622  (2000)  (AirCell  MO&  O).  On  appeal,  the  United  States  Court  of 
 Appeals  for  the  D.  C.  Circuit  remanded  the  AirCell  MO&  O  to  the  Commission  for  clarification  of  one  technical  aspect.  See  AT&  T  Wireless  Services,  Inc.,  et  al.,  v.  FCC,  270  F.  3d  959,  968  (D.  C.  Cir.  2001);  In 
 the  Matter  of  AirCell,  Inc.,  Petition,  Pursuant  to  Section  7  of  the  Act,  for  a  Waiver  of  the  Airborne  Cellular  Rule,  or,  in  the  Alternative,  for  a  Declaratory  Ruling,  Order  on  Remand,  18  FCC  Rcd.  1926 
 (2003)  (collectively,  the  AirCell  Orders). 
 2  AirCell  Bureau  Order,  14  FCC  Rcd.  at  818,  ¶  25. 


 3  See  In  the  Matter  of  AirCell,  Inc.,  Pine  Belt  Cellular,  Inc.,  Tennessee  RSA  No.  3  Limited 
 Partnership,  WESTEX  Telecommunications,  Inc.,  XIT  Cellular,  ETEX  Cellular  Co.,  Inc.,  Cellular  Network  Partnership,  and  North  Alabama  Cellular,  LLC,  Petitions  for  Waiver  of  the  Airborne  Cellular 


 Rule,  Order,  14  FCC  Rcd.  13151  (WTB  1999);  In  the  Matter  of  AirCell,  Inc.,  ALLTEL  Communications,  Inc.,  American  Rural  Cellular,  Inc.,  Centennial  Cellular  Corporation,  CenturyTel  Wireless,  Inc.,  Kentucky 
 RSA  4  Cellular  General  Partnership,  and  Smith  Bagley,  Inc.  d/  b/  a/  Cellular  One  of  Northeast  Arizona,  Petitions  for  Waiver  of  the  Airborne  Cellular  Rule,  Order,  14  FCC  Rcd.  19678  (WTB  1999);  In  the 
 Matter  of  AirCell,  Inc.  and  Western  Wireless  Corporpation,  Petititon  for  Waiver  of  the  Airborne  Cellular 
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 the  AirCell  Orders,  including  operation  of  the  AirCell  mobile  units  on  a  secondary  basis,  and  assert  that  the  legal  basis,  unique  circumstances,  and  public  interest  benefits  are  identical  to  those  that  supported  and 
 justified  the  AirCell  Orders  and  the  AirCell  Waiver  Orders. 
 Accordingly,  the  Wireless  Telecommunications  Bureau,  pursuant  to  sections  1.3  and  1.925  of  the  Commission's  rules,  47  C.  F.  R.  §§  1.  3,  1.  925,  grants  the  requests  of  AirCell,  Inc.,  Plateau 
 Communications,  Inc.,  and  Cable  &  Communications  Corporation  dba  as  Mid-  Rivers  Cellular  for  waiver  of  section  22.925  of  the  Commission's  rules,  47  C.  F.  R.  §  22.925,  subject  to  the  terms  and  conditions  set 
 forth  in  the  AirCell  Orders  and  the  AirCell  Waiver  Orders  and  as  those  terms  and  conditions  may  be  subsequently  modified  or  amended.  This  action  is  taken  pursuant  to  the  authority  delegated  in  section 
 0.331  of  the  Commission's  rules,  47  C.  F.  R.  §  0.331. 
 Pursuant  to  section  1.102  of  the  Commission's  rules,  47  C.  F.  R.  §  1.  102,  the  grant  herein  is  effective  upon  release  of  this  Public  Notice.  Pursuant  to  sections  1.106(  f)  and  1.115(  d)  of  the 
 Commission's  rules,  47  C.  F.  R.  §§  1.106(  f),  1.115(  d),  petitions  for  reconsideration  and  applications  for  review  may  be  filed  within  thirty  days  of  the  release  of  this  public  notice. 


 For  further  information,  contact  Kathy  Harris,  Deputy  Chief,  Mobility  Division,  Wireless  Telecommunications  Bureau,  at  (202)  418-  0609. 


 Rule,  Order,  15  FCC  Rcd.  1639  (1999);  In  the  Matter  of  AirCell,  Inc.,  California  RSA  No.  3,  Limited  Partnership,  a  California  Limited  Partnership  d/  b/  a  Golden  State  Cellular,  and  Douglas  Communications, 
 Inc.,  Petitions  for  Waiver  of  the  Airborne  Cellular  Rule,  Order,  15  FCC  Rcd.  12834  (2000);  Wireless  Telecommunications  Bureau  Approves  Request  for  Authorization  to  Participate  in  the  AirCell  System, 
 Public  Notice,  DA  01-  1982  (rel.  Aug.  23,  2001);  Wireless  Telecommunications  Bureau  Approves  Request  for  Authorization  to  Participate  in  the  AirCell  System,  Public  Notice,  DA  03-  420  (rel.  Feb.  12, 
 2003)  (collectively,  the  AirCell  Waiver  Orders). 
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