NEWSReport No. DC 95-131         ACTION IN DOCKET CASE        November 3, 1995

             FCC DENIES PIONEER'S PREFERENCE REQUEST FILED BY 
                        IN-FLIGHT PHONE CORPORATION
                           (ET Docket No. 94-32)

     The FCC denied a pioneer's preference request filed by In-Flight Phone Corporation
in Docket 94-32, Allocation of Spectrum Below 5 GHz Transferred From Federal
Government Use.

     In-Flight originally filed its pioneer's preference request in the narrowband Personal
Communications Services proceeding, ET Docket No. 92-100.  It sought a preference in the
901-902 MHz and 940-941 MHz bands for a live ground-to-air audio news, information, and
entertainment programming service for airline passengers.  However, because the rules
adopted in Docket 92-100 were not related to In-Flight's proposal, no action was taken on its
pioneer's preference request.

     In February 1995, the Commission adopted a First Report and Order and Second
Notice of Proposed Rulemaking in Docket 94-32, reallocating 50 megahertz of Federal
Government spectrum at 2390-2400, 2402-2417, and 4660-4685 MHz to non-Government
use; and proposing that the 4660-4685 MHz band be used by the General Wireless
Communications Service (GWCS).  

     In March 1995, In-Flight filed a petition for Declaratory Ruling, requesting that its
pending pioneer's preference request be considered in the GWCS.  In-Flight also stated that
it would provide video, as well as audio, services as a GWCS licensee. 

     In August 1995, in the Second Report and Order in Docket 94-32, the 4660-4685
MHz band was allocated to the GWCS, and service rules were established.





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     In denying In-Flight's pioneer's preference request, the Commission found that --
inconsistent with the pioneer's preference rules -- the GWCS service rules are not a
reasonable outgrowth of In-Flight's ground-to-air programming service proposal. 
Additionally, the Commission found that In-Flight failed to demonstrate the technical
feasibility of its proposal in the 4660-4685 MHz band.  The Commission stated that 
In-Flight's technical achievements in developing and testing equipment in the 901-902 MHz
and 940-941 MHz bands are not directly relevant to the 4660-4685 MHz band, due to
differences in propagation.  Finally, the Commission found that In-Flight's proposed ground-
to-air programming service is not sufficiently innovative to warrant a preference in any band. 
The Commission concluded that In-Flight did not demonstrate that its technological
developments are beyond the state-of-the-art technologies used in providing 800 MHz air-
ground radiotelephone service. 

     Action by the Commission November 1, 1995 by Third Report and Order (FCC 95-
454).  Chairman Hundt, Commissioner Quello, Barrett, Ness and Chong.

                                  - FCC -

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