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FCC measures could enable wireless devices on planes

WASHINGTON-Airplanes soon could lose their distinction as being one of the few places where a person cannot be reached by a wireless device due to decisions last week to re-auction 800 MHz band air-to-ground spectrum and a proposal to allow cell-phone use in airplanes.

In a split decision, the Federal Communications Commission changed its air-to-ground service rules accepting a plan put forward by SpaceData Corp.

“The FCC’s decision ensures that competition will finally be introduced into this service and correctly left to the market the decision as to which competing technologies will be offered to consumers,” said Gerald Knoblach, SpaceData chairman and chief executive officer. “The commission’s plan is flexible and anticipates the inevitable improvements in technology that will be made in the near term and will make possible even more efficient use of limited amounts of spectrum.”

SpaceData uses balloons in much the same way antennas are used in the terrestrial world. Under a developmental contract, the Air Force has used SpaceData’s balloons to make voice calls.

The agency ruled that no one entity will be allowed to control all four megahertz of ATG spectrum. Democrats on the panel were not pleased, believing that by allowing one entity to control three of the four megahertz, competition for ATG broadband services will not develop.

“The potential monopolist has far more to gain and will pay a premium. This remainder licensee is very unlikely to provide the kind of competition the FCC desires,” said FCC Commissioner Michael Copps, calling the one-megahertz license an orphan that may be able to provide only voice service.

SpaceData has a different point of view. “By the time this gets approved we are really quite confident that one megahertz will be able to deliver broadband,” Tim Ayers, SpaceData spokesman, told RCR Wireless News.

The FCC will auction the air-to-ground spectrum using a new format of combinatorial bidding.

“Three spectrum pairs will be available-each set has two licenses. The sum of those licenses must exceed all other licenses,” said Peter Tenhula, WTB deputy chief. “The aggregate bid for that pair will decide the band plan.”

The FCC decided to go with the combinatorial bidding approach even though it will mean modifying its auction rules because it could not come up with the best technical solution for the ATG band, said John Muleta, chief of the FCC’s Wireless Telecommunications Bureau.

“We have spent a lot of time trying to determine how to use the band,” said Muleta. “It was difficult to determine what technical mode would be best.”

The FCC first allocated spectrum in the 800 MHz band to six licensees for specialized air-to-ground operations. Three of the licensees constructed networks, but only Verizon Airfone remains. It will receive a five-year non-renewable license for one of the four megahertz of spectrum to transition its service out of the band.

SpaceData’s proposal was not the outcome hoped for by AirCell Inc.

“AirCell is disappointed the FCC didn’t rule cleanly in favor of auctioning two licenses for broadband services in a manner recommended by AirCell, Boeing and others. We continue to believe that the two-license approach is the only way to guarantee competition for the benefit of airlines and passengers. Combinatorial bidding, while creative, is a new approach at the FCC and AirCell remains concerned the process, as it plays out, may not yield the desired effect of providing competition in broadband services to airline passengers,” said AirCell CEO Jack Blumenstein.

Even with all of the rule changes to the ATG band, use of transmitting devices for either data or voice gets tricky so the Consumer Electronics Association has been working with the airlines and manufacturers to see if there is a way to make it obvious if someone is transmitting.

“We expect there will always be a time when devices will have to be turned off,” said Doug Johnson, CEA senior director of technology policy. CEA is looking for “a solution that benefits the user of wireless devices and that allows the user to clearly see whether the transmitter is enabled or disabled. “

Transmitting devices can include personal digital assistants and laptops with unlicensed wireless access chips included.

Use of transmitting devices outside of the ATG band such as calls made over the cellular network must still be approved by the Federal Aviation Administration but the FCC is proposing to remove its restriction originally put in place out of fear of interference to the land-based cellular network.

“We are not making the determination whether using these devices is safe with aviation navigation systems,” said Muleta.

The FCC is also not touching another sticky issue-cell-phone etiquette.

Copps, speaking via conference call as he recovers from back surgery, said the agency needs to determine what, if any, authority the FCC has regarding cell-phone etiquette.

“Good cell-phone etiquette is essential,” said FCC Commissioner Jonathon Adelstein, noting the agency should let others work out etiquette details. “Should you not be able to communicate because it might annoy a person next to you?”

As news of the possibility of conversation-backed airplanes hit the airwaves, the FCC started getting e-mails questioning the decision.

“There does not seem to be a lot of opposition to applications that do not involve talking but of course that is going to be something for the airlines to sort out,” said Lauren Patrich, wireless bureau special counsel for media.

Citing safety concerns and passenger confusion, the Association of Flight Attendants-CWA recommended that the FCC leave unchanged its existing ban on the use of cell phones on airplanes.

CEA’s Johnson suggested that voice services not be allowed. “I don’t think anybody has a solution but I think it is situation of balance. Wireless devices allow for voice and data. Maybe text messaging would be sufficient,” said Johnson.

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