The FCC approved rules Tuesday relating to a pivotal airwaves auction next year. Google had proposed that the spectrum be open access and offered to bid $4.6 Billion for the spectrum.

The FCC approved a much-debated “open access” provision. It will allow customers to use whatever phone and software they want on about one-third of the spectrum to be auctioned.

A more ambitious provision that would have required a licensee to sell access to its network on a wholesale basis was not included, making it unlikely that Google will bid.

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.

A total of 62 megahertz will be auctioned under the plan. 22 megahertz will be subjected to the “open access” rules. Another 10 megahertz will be dedicated to the national public safety network, which will be shared between a commercial operator and public safety agencies.

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.