*Pages 1--3 from Microsoft Word - 25646.doc* 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- 721 March 11, 2003 Wireless Telecommunications Bureau Seeks Comment on Petition Filed by AirCell, Inc. for Extension of Waiver Docket No. 02- 86 Comments Due: April 10, 2003 Reply Comments Due: April 25, 2003 On March 28, 2002, AirCell, Inc. and its cellular licensee partners (AirCell) filed a petition requesting that the Commission extend its waiver of Section 22.925 of the Commission’s rules, 47 C. F. R. § 22.925. 1 On April 23, 2002, the Wireless Telecommunications Bureau (Bureau) released a public notice seeking comment on AirCell’s request and setting deadlines of May 15, 2002 for comments and May 28, 2002 for replies. 2 A number of cellular carriers opposed to AirCell’s waiver filed a motion 3 seeking to suspend that comment cycle until the Commission issued an order in response to the remand by the Court of Appeals for the District of Columbia Circuit in a case involving the existing waiver grant to AirCell and its partners. 4 On May 3, 2002, the Bureau issued an order suspending the above pleading cycle until after the Commission dealt with the Court’s remand. 5 In addition, the Bureau temporarily extended AirCell’s waiver under its existing terms in order that the waiver not expire before the Bureau could consider the record to be compiled in response to the request to extend the waiver. The 1 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 (filed March 28, 2002). 2 Wireless Telecommunications Bureau Seeks Comment on Petition Filed by AirCell, Inc. for Extension of Waiver, Public Notice, DA 02- 949, April 23, 2002 (WTB). 3 Motion to Suspend Comment Dates Pending Prompt Action on Remand (Motion), filed by AT& T Wireless Services, Inc., Cingular Wireless LLC, and Verizon Wireless (Petitioners), April 26, 2002. 4 AT& T Wireless Services Inc. v. FCC, 270 F. 3d 959 (D. C. Cir. 2001), petition for rehearing denied January 29, 2002. 5 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, DA 02- 1028, May 3, 2002 (WTB) (Pleading Suspension PN). 1 Commission has now issued its Order on Remand. 6 Therefore, the Bureau now reinstates its request for comments on AirCell’s petition to extend its waiver. Pursuant to the current waiver of Section 22.925, AirCell operates a system using cellular telephone equipment specially designed to provide service to customers on board aircraft without causing harmful interference to terrestrial cellular systems. The Bureau originally issued a waiver to AirCell on December 24, 1998, which permitted operation on six analog channel pairs at any given ground station for a period of two years. 7 The Commission upheld the waiver and extended the expiration date of the original waiver to June 9, 2002. 8 In its request, AirCell states that extension of both the waiver period and the scope of the waiver is necessary for the continued provision of a service that is in the public interest. AirCell contends that the standard for issuance of a waiver is met in this case by the special circumstances presented, i. e., the use of equipment specifically designed to avoid the harmful interference that is the underlying purpose of the rule. 9 AirCell also states that the grant of its request would allow it to provide additional services, including provision of real- time weather and air- traffic data, emergency communications, cockpit and cabin monitoring, and passenger communications. Specifically, AirCell requests that: 1) the waiver period be extended to allow operation indefinitely, or, in the alternative, for a period of ten years; 2) AirCell and its partners be permitted to operate on up to 19 cellular channel pairs per ground station rather than the currently authorized six pairs; and 3) they be authorized to operate on channels used by carriers for digital terrestrial cellular operations. We seek comment on whether granting AirCell’s request would further the public interest. Parties wishing to file comments must do so on or before April 10, 2003. Reply comments must be filed on or before April 25, 2003. All comments should reference AirCell’s waiver request, and include the DA number of this Public Notice, DA 03- 721. The Petition is available for public inspection and copying in the Commission’s Reference Center, Room CY- A257, 445 12th Street, S. W., Washington, DC 20554. Copies of the Petition are also available from Qualex International, Portals II, 445 12 th Street, SW, Room CY- B402, Washington, D. C. 20554, telephone (202) 863- 2893, facsimile (202) 863- 2898, or e- mail at qualexint@ aol. com. Copies of the Petition also may be obtained via the Commission’s Electronic Comment Filing System (ECFS), which is accessible at http:// www. fcc. gov/ e- file/ ecfs. html, by entering the Docket Number of this proceeding, Docket No. 02- 86. 6 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, FCC 02- 324 (rel. February 10, 2003). 7 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), recon. granted in part, denied in part, 14 FCC Rcd. 19430 (WTB 1999). 8 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, Memorandum Opinion and Order, 15 FCC Rcd. 9622 (2000), pet. for review granted in part, denied in part, sub nom. AT& T Wireless Services, Inc., v. FCC, 270 F. 3d 959 (D. C. Cir. 2001). As noted above, the waiver continues in force as a result of the Bureau’s Pleading Suspension PN. 9 See 47 C. F. R. § 1.925( a)( 3). 2