Rules aim at giving choice to cell users

WASHINGTON — The FCC approved rules Tuesday intended to give people greater choice when it comes to their cellphones and wireless devices after a pivotal airwaves auction is completed next year.

The vote clears the way for the auction, which by law must take place no later than Jan. 28, 2008. It is expected to raise as much as $15 billion.

The Federal Communications Commission approved a much-debated "open-access" provision, pushed by Chairman Kevin Martin, a Republican, and supported by the agency's two Democrats. It will allow customers to use whatever phone and software they want on about one-third of the spectrum to be auctioned.

"I am committed to ensuring that the fruits of wireless innovation swiftly pass into the hands of consumers," Martin said.

A more ambitious provision that would have required a licensee to sell access to its network on a wholesale basis was not included. That makes it unlikely that Google will bid. Google said it might challenge traditional wireless companies if the rules were to the company's liking.

The rules also will allow for creation of a shared public-safety network that commissioners hope will solve many of the communication problems that firefighters and other first responders have experienced during disasters, such as the Sept. 11 terrorist attacks.

The vote was not unanimous. Republican Commissioner Robert McDowell dissented on the open-access provision, his first no vote since joining the commission. Republican Deborah Taylor Tate also expressed concerns about the provision but did not vote against it.

The two Democrats, Michael Copps and Jonathan Adelstein, wanted the rules to include the wholesale concept sought by Google and consumer groups. They ended up supporting the final order.

The text of the rules was not released Tuesday. The language in the document ultimately will determine which investors will commit billions of dollars to develop new wireless networks.

A total of 62 megahertz will be auctioned under the plan. Twenty-two megahertz will be subjected to the "open-access" rules being pushed by Martin. Another 10 megahertz will be dedicated to the national public-safety network, which a commercial operator and public-safety agencies will share.

TV broadcasters will occupy the spectrum until February 2009, after which the winning bidder or bidders will have to "build out" the network. That could take several years and billions of dollars.

AT&T's federal regulatory chief, Jim Cicconi, said the agency appears to have "struck a reasonable balance between the competing interests debating the Google plan."