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FCC sets May date for ATG auction

WASHINGTON-The Federal Communications Commission set a May 10 date to auction 800 MHz air-to-ground licenses.

The FCC is auctioning the four megahertz of spectrum in the 800 MHz ATG band after it decided that the current ATG spectrum was being underutilized. The agency plans to use a new bidding format in the auction. The format allows three configurations of the spectrum. The band configuration that receives the highest aggregate bids in the auction will be implemented, and licenses composing that configuration will be awarded to winning bidders, subject to review of the long-form license application.

The three band configurations are as follows:

c Band Plan 1: Two overlapping, shared three megahertz licenses;

c Band Plan 2: One exclusive three megahertz license and one exclusive one megahertz license; and

c Band Plan 3: One exclusive one megahertz license and one exclusive three megahertz license.

If Band Plan 1 is adopted, the parties would have to submit a sharing agreement and keep the FCC updated on changes. Winners would be expected to offer communications services to aircraft, but the FCC declined to specify what type of communications must be offered.

Verizon Airfone, the only licensee offering service in the band today, must vacate the band by May 2010. The FCC expects to announce a reporting schedule on Airfone’s transition out of the band by Feb. 6. If Verizon Airfone-or an affiliate-wins at auction, the reporting is expected to detail the transition from existing operations to the new band plan.

No one entity may own all four megahertz, according to FCC rules. The commission said that it plans to give small-business bidding credits in the 800 MHz auction. The commission is also planning to auction spectrum in the 400 MHz general-aviation band.

Even with all of the rule changes to the ATG band, the legal use of transmitting devices for data or voice while in flight can be tricky. The Consumer Electronics Association has been working with airlines and electronics manufacturers to see if there is a way to call out in-flight wireless users. Transmitting devices can include personal digital assistants and laptops with Wi-Fi capabilities.

The legal use of transmitting devices that work outside of the ATG band-such as phones that operate over cellular networks-must be approved by the Federal Aviation Administration. While the FCC is considering relaxing those rules, the FAA said that it would continue to ban cell phones on airplanes.

Citing safety concerns and passenger confusion, the Association of Flight Attendants-CWA wants the FCC and the FAA to maintain the cell-phone ban. RCR

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