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FCC sets air-to-ground 800 MHz auction for May 10

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

The FCC is auctioning the four megahertz of spectrum in the 800 MHz ATG band because it decided that the current ATG spectrum was being underutilized.

The agency said it plans to auction the air-to-ground spectrum using a new format for bidding. There will be three alternative configurations, with licenses in only one of these mutually incompatible band configurations set to be awarded. The band plan 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:

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

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

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

If Band Plan 1 is adopted the parties will have to submit a sharing agreement and keep the FCC updated if it changes. Winners will 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 currently offering service in the band, 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 the current operations to the new band plan.

According to FCC rules adopted to promote competition in the band, no one entity may own all four megahertz.

The FCC said recently 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 use of transmitting devices for data or voice 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 users who are transmitting. Transmitting devices can include personal digital assistants and laptops with Wi-Fi capabilities.

The use of transmitting devices that work outside of the ATG band-such as phones that can call over cellular networks-must still be approved by the Federal Aviation Administration. However, the FCC is considering relaxing those rules. The FAA said in July 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.

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