AT&T Wireless, Cingular Wireless and Verizon Wireless asked FCC t...

rules that expires June 9. Waiver allows AirCell to operate system using cellular equipment to provide service to airborne customers without causing interference to terrestrial cellular systems. Company asked that waiver be extended indefinitely or for at least 10 years. U.S. Appeals Court, D.C., had remanded waiver to FCC in Nov. as not being adequately reconciled with record, wireless carriers said in their motion to suspend comment deadlines. FCC hasn’t yet responded to remand, carriers said in motion filed Fri. “Meaningful opportunity for comment is dependent on issuance of the remand order because AirCell’s renewal is based specifically on the earlier order found defective by the court,” Verizon and others said. “Because the Commission has not yet responded to the court’s remand, there is no basis for extending the waiver.” Carriers contend that remand meant that FCC must issue order spelling out how it reached conclusion on noninterference in AirCell waiver decision without addressing evidence to contrary in record of proceeding. AT&T, Cingular and Verizon Wireless said that in March they filed comments in response to D.C. Circuit’s remand, arguing that waiver order couldn’t be justified and must be vacated. They told FCC that AirCell petition was based on part of waiver order that D.C. Circuit found unjustified, “namely, the Commission’s determination that AirCell operations will not cause harmful interference to terrestrial cellular service.” Carriers said that “unless and until” FCC explained basis for noninterference finding and resolved remand order in favor of AirCell, there was no basis to renew original waiver. Carriers are seeking answer from FCC on their motion by Fri.