This proceeding marks a watershed in the history of unlicensed spectrum. Never before in an FCC proceeding have business users of unlicensed spectrum (as opposed to vendors of unlicensed devices and related products) stepped forward and so forcefully endorsed both the need for unlicensed spectrum and the underlying principles that justify that need. The public interest and the overwhelming majority of private interests are in complete harmony. The Commission should grant the Continental Petition and deny the Massport the ability to leverage its status as landlord to exact anticompetitive concessions from its tenants.

NAF, et al. endorse the principles of open access and the key legal arguments articulated by Continental Airlines, American Airlines, the Air Transport Association of America, T-Mobile, Partners Healthcare System, Inc., and the Enterprise Wireless Alliance. NAF, et al. further note that the position of CTIA, which has often sought to limit the availability of unlicensed spectrum, underscores the importance and far reaching consequences of the Commission's decision in this case. Should the Commission grant landlords the ability to control access of consumer to over the air receiver devices, it will have profound anti-competitive consequences for deployment of both unlicensed and licensed spectrum services.

Continental Airlines characterizes the essence of its Petition for Declaratory Ruling as "the promotion at Boston's Logan International Airport of: (1) competition in the provision of unlicensed wireless services; (ii) the availability of advanced wireless services; and (iii) consumer choice." NAF, et al. agree that these are the underlying principles at stake in this proceeding.

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