FCC Approves NPRM to Modernize Rules On In-Flight Cellphone Calls
The FCC approved an NPRM seeking comment on modernizing rules to allow mobile wireless calls on airplanes while in-flight. The item was backed by Chairman Tom Wheeler and commissioners Mignon Clyburn and Jessica Rosenworcel at the commission’s monthly meeting Thursday. Rosenworcel approved letting the proposal move toward the comment phase, but she doesn’t support allowing such usage. Commissioners Ajit Pai and Mike O'Rielly opposed it. The Department of Transportation meanwhile said it will look at whether to block such calls.
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Wheeler said the NPRM is focused and targeted: “Nothing will be different on your flight tomorrow.” It expands the interference protection rule that has banned usage in-flight for more than 20 years, he said. “That rule will not change, but there’s a need to recognize that there is a new technology that will not apply and [it] means the rule does not have to apply if the aircraft has that technology, because that technology itself prevents the interference that the original rule was designed to eliminate.” The NPRM is about technology, while DOT will handle the behavioral aspect, he said. (See separate story in this issue.)
The FCC proposal retains restrictions on use of in-flight mobile devices and harmonizes rules to cover all mobile spectrum bands, said Wireless Bureau Deputy Chief John Leibovitz. It would “implement a comprehensive framework that would allow airlines to voluntarily opt in to allow in-flight mobile services,” he said.
The current restriction is narrow and inconsistent among all spectrum bands, said Amanda Huetinck, an advisor for the Wireless Bureau. It doesn’t reflect that today mobile devices can be used on board aircraft without causing interference to wireless networks on the ground, “as long as the aircraft is equipped with onboard equipment that can manage cellular connections,” she said. The NPRM proposes to revise existing restrictions and harmonizes rules for the use of devices across all wireless spectrum bands, she said.
The proposals would give airline operators the ability to offer mobile wireless service above 10,000 feet while providing them with the tools to effectively manage the airborne use of mobile devices and mitigate potential harmful interference to wireless networks on the ground, Huetinck said. Airlines can choose “whether to offer data, texting, and/or voice services or none of the above,” she said. The NPRM proposes to explicitly forbid in-flight connections over wireless networks unless the aircraft is equipped with the appropriate onboard equipment, she said.
Airlines opting to allow the service must seek FCC modification of their existing Part 87 aircraft station license, Huetinck said. They also will be required to install and operate an airborne access system “to manage in flight use of mobile devices to avoid harmful interference of wireless networks on the ground,” she said. The use of such devices on airplanes and onboard equipment allowing that use would continue to be subject to Federal Aviation Administration rules and regulations and to the individual airlines’ policies and standards, she said. The notice also asks about technical requirements necessary to enable airborne access systems and any potential operational issues related to use of airborne mobile services, she added.
Rosenworcel cautioned against the FCC moving beyond what it’s supposed to do. If the FCC updates its rules to allow voice calls on planes, “we can see a future where our quiet time is monetized and seating in the silent section comes at a premium,” she said. She said she fears that safety would be compromised: “This is not acceptable."
Commissioners Ajit Pai and Mike O'Rielly dissented. Pai warned that approving such a measure would burden the agency and airlines. The proposal isn’t in the public interest because of concerns about public safety and the licensing framework, Pai said. It sets an unfortunate precedence when it comes to spectrum policy, Pai said: It would “infringe upon carriers’ exclusive use licenses.” The item doesn’t adequately address national security or flight safety concerns, he added.
"We learned today that the Chairman and each of the FCC commissioners is personally opposed to in-flight voice calls,” said Mayer Brown attorney Angela Giancarlo. The debate and differing rationales haven’t deterred the FCC from doing its job, she said. “Ultimately it is consumers, not the FCC, who will decide the success or failure,” said Giancarlo, a former FCC adviser.
The Satellite Industry Association supported the action. Given advancements in technology, including the FAA’s decision to expand the use of personal electronic devices onboard aircraft, “this is an appropriate time to develop a record on the technical and regulatory issues associated with the operation of airborne access systems,” it said in a press release.