**DA 03-4031**

**December 18, 2003**

**Wireless Telecommunications Bureau Approves Requests for
Authorization**

**To Participate in the AirCell System**

On December 24, 1998, the Wireless Telecommunications Bureau (Bureau)
released an Order granting AirCell, Inc. (AirCell) and certain
participating cellular carriers a waiver of section 22.925 of the
Commission\'s rules, 47 C.F.R. § 22.925, subject to certain
conditions.[^1] The *AirCell Orders* allow other cellular licensees that
wish to participate with AirCell and operate under the terms and
conditions of the *AirCell Orders*, as modified, to file their own
waiver requests.[^2] On November 6, 2003, AirCell, with each of Plateau
Communications Inc., and Cable & Communications Corporation dba
Mid-Rivers Cellular (Petitioners), filed petitions for waiver of section
22.925 and for authorization to participate in the AirCell system.

Petitioners assert that their requests are identical to those previously
granted to AirCell and other licensees by the Bureau and subsequently
affirmed by the Commission.[^3] Petitioners agree to the terms of the
*AirCell Orders*, including operation of the AirCell mobile units on a
secondary basis, and assert that the legal basis, unique circumstances,
and public interest benefits are identical to those that supported and
justified the *AirCell Orders* and the *AirCell Waiver Orders*.

Accordingly, the Wireless Telecommunications Bureau, pursuant to
sections 1.3 and 1.925 of the Commission\'s rules, 47 C.F.R. §§ 1.3,
1.925, grants the requests of AirCell, Inc., Plateau Communications,
Inc., and Cable & Communications Corporation dba as Mid-Rivers Cellular
for waiver of section 22.925 of the Commission\'s rules, 47 C.F.R. §
22.925, subject to the terms and conditions set forth in the *AirCell
Orders* and the *AirCell Waiver Orders* and as those terms and
conditions may be subsequently modified or amended. This action is taken
pursuant to the authority delegated in section 0.331 of the
Commission\'s rules, 47 C.F.R. § 0.331.

Pursuant to section 1.102 of the Commission\'s rules, 47 C.F.R. § 1.102,
the grant herein is effective upon release of this Public Notice.
Pursuant to sections 1.106(f) and 1.115(d) of the Commission\'s rules,
47 C.F.R. §§ 1.106(f), 1.115(d), petitions for reconsideration and
applications for review may be filed within thirty days of the release
of this public notice.

For further information, contact Kathy Harris, Deputy Chief, Mobility
Division, Wireless Telecommunications Bureau, at (202) 418-0609.

[^1]: *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) (*AirCell Bureau Order)*, recon. granted in
    part, denied in part, *Order on Reconsideration*, 14 FCC Rcd. 18430
    (WTB 1999) (*AirCell Reconsideration Order*), application for review
    denied, *Memorandum Opinion and Order*, 15 FCC Rcd. 9622 (2000)
    (*AirCell MO&O*). On appeal, the United States Court of Appeals for
    the D.C. Circuit remanded the *AirCell MO&O* to the Commission for
    clarification of one technical aspect. *See AT&T Wireless Services,
    Inc., et al., v. FCC*, 270 F.3d 959, 968 (D.C.Cir. 2001); 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*, 18 FCC Rcd. 1926 (2003)
    (collectively, the *AirCell Orders*).

[^2]: *AirCell Bureau Order*, 14 FCC Rcd. at 818, ¶ 25.

[^3]: *See* In the Matter of AirCell, Inc., Pine Belt Cellular, Inc.,
    Tennessee RSA No. 3 Limited Partnership, WESTEX Telecommunications,
    Inc., XIT Cellular, ETEX Cellular Co., Inc., Cellular Network
    Partnership, and North Alabama Cellular, LLC, Petitions for Waiver
    of the Airborne Cellular Rule, *Order*, 14 FCC Rcd. 13151 (WTB
    1999); In the Matter of AirCell, Inc., ALLTEL Communications, Inc.,
    American Rural Cellular, Inc., Centennial Cellular Corporation,
    CenturyTel Wireless, Inc., Kentucky RSA 4 Cellular General
    Partnership, and Smith Bagley, Inc. d/b/a/ Cellular One of Northeast
    Arizona, Petitions for Waiver of the Airborne Cellular Rule,
    *Order*, 14 FCC Rcd. 19678 (WTB 1999); In the Matter of AirCell,
    Inc. and Western Wireless Corporpation, Petititon for Waiver of the
    Airborne Cellular Rule, *Order*, 15 FCC Rcd. 1639 (1999); In the
    Matter of AirCell, Inc., California RSA No. 3, Limited Partnership,
    a California Limited Partnership d/b/a Golden State Cellular, and
    Douglas Communications, Inc., Petitions for Waiver of the Airborne
    Cellular Rule, *Order*, 15 FCC Rcd. 12834 (2000); Wireless
    Telecommunications Bureau Approves Request for Authorization to
    Participate in the AirCell System, *Public Notice*, DA 01-1982 (rel.
    Aug. 23, 2001); Wireless Telecommunications Bureau Approves Request
    for Authorization to Participate in the AirCell System, *Public
    Notice*, DA 03-420 (rel. Feb. 12, 2003) (collectively, the *AirCell
    Waiver Orders*).