D.C. CIRCUIT UPHOLDS AIRCELL WAIVER DECISION
The U.S. Appeals Court, D.C., Tues. let stand an FCC order granting AirCell a waiver to operate an analog cellular telephone system on aircraft. The court rejected arguments by AT&T Wireless, Cingular and Verizon Wireless that the FCC had failed to explain its earlier decision on interference threshold, adopting a more permissive standard. The carriers had asked the court to vacate AirCell’s waiver authority.
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The case centered on a narrow point. In Nov. 2001, a separate 3-judge panel held that in granting a waiver the FCC never properly justified its interference threshold determination in its order and remanded that part of the determination for further explanation. The court said “on remand, the Commission has supplied one.”
“The decision tracked very well the oral arguments,” one attorney said. “The court had an opportunity, if it had wanted to, to engineer some highly technical issues. They chose not to. It continues a trend of courts giving deference to the FCC on such highly technical issues.”
“Since the grant of Aircell’s waiver more than 5 years ago our opponents have filed one meritless objection after another,” said AirCell CEO Jack Blumenstein. “Today’s decision by the U.S. court of appeals affirms the FCC’s belief in AirCell’s ability to continue providing this important service to aviation.” A spokeswoman for AT&T Wireless said the company was reviewing the decision.