Washington ? A majority of the Federal Communications Commission members told a House subcommittee Tuesday that they support an “open access” requirement on one swath of airwaves that will be auctioned early next year.

The provision, put forth by FCC Chairman Kevin Martin, would allow cell phone customers to use any device they would like on a new network encompassing about one-third of the 60 megahertz of spectrum to be auctioned.

“Consumers would be able to use the wireless device of their choice and download whatever software they want,” Martin told the panel.

The provision drew support from Democrats on the House Energy and Commerce Committee’s subcommittee on telecommunications and the Internet, and resistance from most of the panel’s Republicans.

A broader open access provision, however, supported by Google Inc. and public interest groups, received limited support from the commission’s two Democrats and opposition from Martin.

Tuesday’s hearing was Martin’s first opportunity to speak publicly about the rules that will govern the so-called “700 megahertz” auction. The highly coveted spectrum is being made available thanks to the digital television transition.

It is considered especially valuable. Signals that utilize it can travel long distances and easily penetrate walls.

The auction has yet to be scheduled, but by law it must take place by Jan. 28, 2008. The commission could vote on the rules as early as next week.

The special open access provisions apply only to 22 megahertz of the 60 megahertz that will be auctioned. If the commission approves, the licenses must attract a minimum $4.6 billion bid.

The minimum bid for the entire auction is $10 billion, Martin said. The auction is expected to raise as much as $15 billion for the U.S. Treasury, with some estimates as high as $20 billion.