FCC approves rules on new airwaves auction

WASHINGTON — The FCC approved rules Tuesday intended to give people greater choice when it comes to their cell phones and wireless devices following completion of a pivotal airwaves auction 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 Inc. 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 the 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 like the Sept. 11, 2001, 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.