More Research Needed on Safety of In-Flight Mobile Device Use, CTIA Says

The commission approved the NPRM by a 3-2 vote, over dissents by Commissioners Ajit Pai and Mike O'Rielly (CD Dec 13 p1). Industry observers tell us it remains unclear whether FCC Chairman Tom Wheeler will have the votes to approve final rules.

CTIA said the FCC relies on studies by the EU’s European Conference of Postal and Telecommunications Administrations (CEPT). “These studies did not analyze U.S. mobile spectrum bands or all of the air interfaces used across the U.S.,” CTIA said (http://bit.ly/1c0UIIs). “The CEPT studies cited in the Notice, standing alone, do not justify a finding that airborne operations on licensed commercial mobile bands would be non-interfering in the United States. If there are additional studies addressing spectrum bands and air interface technologies more relevant to the U.S. mobile marketplace, CTIA urges that they be introduced into the record for consideration and further study.”

A combination of airborne access systems (AASs), picocells, network control units and appropriate emission limits “may be sufficient to mitigate any risk of interference to aircraft systems and terrestrial networks,” CEA said in its comments (http://bit.ly/O3X0Bh). “As the Commission notes, European airlines have successfully implemented AASs since 2008 for GSM frequencies, and the European Commission recently updated its regulations to enable the use of UMTS and LTE systems as well. To date, there have been no known reports of harmful interference from [portable electronic devices] to aircraft electronics or terrestrial networks.” The push for more in-flight mobility is understandable, CEA said. “Mobility is a key feature of today’s business and consumer landscape. In the past two years alone, the amount of mobile data traffic has increased dramatically. It is unsurprising that consumers wish to have access to broadband data everywhere, including in-flight."

The FCC “need not take a position on voice services in this proceeding,” said the Alliance for Passenger Connectivity. “The Commission’s role in this proceeding is to determine whether [in-flight mobile connectivity] technology can be enabled in the United States consistent with the public interest, including FCC spectrum management, broadband access, competition and other regulatory policies.” Other U.S. government agencies, including the FAA, “have jurisdiction over airline operational issues and the impact of specific ... applications, including the potential impact of voice services on passenger comfort, convenience and safety,” the group said (http://bit.ly/1e48aLm).

The Telecommunications Industry Association said the FCC should allow airlines to decide whether to permit more mobile communications in-flight. “The removal of rules restricting airlines from offering [in-flight mobile connectivity] in the United States may potentially afford airline passengers numerous benefits,” TIA said (http://bit.ly/1h1gcrE). “By allowing improved access to in-flight mobile broadband applications, consumers will be able to remain connected to family, friends, and colleagues even at 30,000 feet.” The FCC rightly targets in the NPRM “a set of regulatory prohibitions on in-flight use of mobile devices adopted decades ago that have been overtaken by technological developments,” TIA said. “In addition to mobile data applications such as text and email (which are similar to the Wi-Fi-based applications in use today), a passenger would be able to check voicemail, leave messages or even take an important calls should an airline choose to allow voice connectivity."

The Satellite Industry Association urged the FCC to move forward in considering changes to allow in-flight mobile connectivity. It asked the FCC to “focus on solutions that provide the necessary technical and policy basis for domestic licensing, while keeping in balance the impact of foreign airlines in U.S. airspace and to U.S. aircraft that fly beyond U.S. boundaries,” it said in its comments (http://bit.ly/1fajfAz). Establishing duplicative aircraft radio station license requirements for equipment installed on foreign aircraft in U.S. territory “could set an unwanted precedent for other countries which could adversely affect U.S. airlines’ abilities to offer these or other in-flight connectivity services on a global basis in the future,” it said. Inmarsat, ViaSat, SES, Hughes and Intelsat stressed in joint comments that any regulatory framework for airborne communications services should minimize regulatory burdens while maximizing flexibility (http://bit.ly/1c1mdSb). They also urged the commission to adopt a technology neutral licensing framework and to streamline the procedures through which foreign airlines may provide such services in U.S. airspace. The companies didn’t take a position on specific issues such as whether passengers should have access to mobile voice services.

OnAir supports allowing airborne access systems for in-flight voice calls. OnAir “is not aware of a single instance in which a voice call led to interference with flight crew, let alone the type of ‘air rage’ that some parties predict,” it said (http://bit.ly/1h2u2dh). The FCC should provide mutual recognition “for foreign-flagged aircraft operating systems already licensed by the airline’s home jurisdiction and otherwise complying with the commission’s technical rules for the system,” it said. Row 44 also urged the FCC to adopt rule changes and coordinate its activities with other agencies “that share regulatory oversight in the area of in-flight services and operations,” it said (http://bit.ly/1cmW43n). It supports the FCC’s finding that the currently inconsistent rules governing various commercial mobile spectrum bands “must be harmonized to establish a uniform approach regardless of frequency band,” it said.

Boeing urged the commission to explore the adoption of the proposed rule changes in order to clear the way for airlines to determine whether and how to incorporate the service into their offerings (http://bit.ly/1e50dW4). Boeing also recommended that the FCC ensure that the Communications Assistance for Law Enforcement Act and related requirements are the same across similar services, “and maintain the current system of individual negotiations with law enforcement,” it said.

The Competitive Enterprise Institute said it’s time for the FCC to update its 1991 rule prohibiting many in-flight cellular transmissions. “We agree with the Commission that technological innovation has rendered this rule obsolete, and support revising it to reflect the realities of the modern wireless marketplace,” CEA said (http://bit.ly/1eMGBGn). ,