PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, D.C. 20554DA 97-2309 News media information 202/418-0500. Recorded listing of releases and texts 202/418-2222. October 31, 1997 WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS INFORMATION Commission Requests Comment on a Petition for Waiver of Rules to Permit Airborne Operation of Specially Designed Terminal Equipment in the Cellular Radiotelephone Service On October 9, 1997, AirCell, Inc. (AirCell), by its counsel, filed a petition requesting that the Commission waive Section 22.925 of its Rules, 47 C.F.R.  22.925, which prohibits operation of cellular telephones aboard any type of aircraft while the aircraft is in flight. Specifically, AirCell requests that the Commission permit airborne operation of its low-power cellular terminal equipment, which, according to AirCell, is configured to operate in a manner that will avoid causing significant harmful interference to terrestrial cellular telephone calls. AirCell has been testing this airborne terminal equipment design and system for several years under a Part 5 (47 C.F.R. Part 5) experimental license, call sign KI2XCS. AirCell states that, if the requested waiver were to be granted, it would establish a nationwide network of 150 ground stations to provide telecommunications to subscribers using its airborne terminal equipment in general aviation aircraft. AirCell further indicates that it would enter into partnership agreements with various cellular system licensees who would operate the ground stations and provide the telecommunications services. AirCell notes that under its proposal it would become a facilities-based reseller of commercial mobile radio service, and as such, it does not seek either a license or an allocation of spectrum for this new service. The AirCell petition for waiver raises many complex technical and policy issues. For this reason, the Commercial Wireless Division has concluded that the public interest would be served by classifying this waiver proceeding, for the purpose of ex parte contacts, as "permit but disclose", in order to facilitate the free flow of information concerning the proposed AirCell system and to provide a more complete record upon which a final decision may be made. Therefore, in accordance with Section 1.1200(a) of the Commission's Rules, 47 C.F.R.  1.1200(a), as revised, this waiver proceeding will be treated, for ex parte purposes, as a "permit-but-disclose" proceeding, subject to the applicable requirements set forth under Section 1.1206(b) of the Commission's rules, 47 C.F.R.  1.1206(b), as revised. In April and May of this year, four cellular system licensees filed complaints against AirCell alleging, inter alia, that AirCell failed to comply with the terms and conditions of its experimental license. These complaints and all subsequent related filings specifically addressing AirCell's experimental license are currently classified as a "restricted" complaint proceeding under the Commission's ex parte rules. AirCell has recently requested that OET reclassify the complaint proceeding as a "permit-but-disclose" proceeding, and that request for reclassification is pending before OET. Consequently, the AirCell complaint proceeding remains "restricted" under the ex parte rules at this time. Parties filing written comments regarding Aircell's petition for waiver pursuant to this Public Notice must serve the parties to the restricted OET proceeding or, if making an oral presentation, must provide parties notice and an opportunity to attend, if the comments address any of the issues under consideration in the restricted complaint proceeding. Parties to the complaint proceeding are: C. Claiborne Barksdale Andre J. Lachance BellSouth Cellular Corp. GTE Wireless Products and Services 1100 Peachtree Street, N.E. 1850 M Street, N.W. Suite 910 Suite 1200 Atlanta, GA 30309-4599 Washington, DC 20036 Phil Romanow Kathleen Q. Abernathy United States Cellular David A. Gross 8410 West Bryn Mawr Ave. AirTouch Communications Suite 700 1818 N Street Chicago, IL 60631-3486 Suite 800 Washington, DC 20036 Attorneys for AT&T Wireless Attorneys for AirCell, Inc. Howard J. Symons Joel S. Winnik Gregory R. Firehock David L. Sieradzki Mintz, Levin, Cohn, Ferris, Eric H. Loeb Glovsky and Popeo, P.C. Hogan & Hartson, L.L.P. 701 Pennsylvania Ave., N.W. Columbia Square Suite 900 555 Thirteenth Street, N.W. Washington, DC 20004 Washington, DC 20004-1109 Copies of this filing or portions thereof may be obtained from the Commission's copy contractor, International Transcription Services, Inc. (ITS, Inc.), 1231 20th Street, NW, Washington, DC 20036, voice: (202) 857-3800, fax: (202) 857-3805. For information regarding this filing, contact B.C. "Jay" Jackson, Jr., Commercial Wireless Division, Wireless Telecommunications Bureau, (202) 418-1309 or Wilbert Nixon, Policy & Rules Branch, Commercial Wireless Division, at (202) 418-7240. Interested persons may file comments on the AirCell petition no later than December 15, 1997; replies may be filed no later than January 5, 1998. Filings should reference this Public Notice. An original and four copies of all comments must be filed with the Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. One copy of comments and reply comments should be sent to B.C. "Jay" Jackson, Jr., Commercial Wireless Division, and Wilbert Nixon, Policy & Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, Seventh Floor, 2100 M Street, N.W., Washington, DC 20554. One copy should also be sent to the International Transcription Service, Inc. (ITS), 1231 20th Street, N.W., Washington, DC, 20036.