FCC Gets Mixed Reaction to Proposal to Allow Cellphone Use in Flight

In December, the FCC voted 3-2 to launch the rulemaking (CD Dec 13 p1), with yes votes from Wheeler and Democrats Mignon Clyburn and Jessica Rosenworcel. But Rosenworcel made clear then that she would not vote to approve final rules. “Make no mistake, I do not like this proceeding,” she said at the time (http://fcc.us/1k5pdEq).

"I'd have to defer to the chairman,” FCC Commissioner Mike O'Rielly told us. “I don’t know what his timing is or what he plans to do.”

Next steps are hard to predict, said Public Knowledge Senior Vice President Harold Feld. “On the one hand, the collective freak out on net neutrality made the controversy over cellphones on a plane seem rather small potatoes,” he said. “The bigger problem for the proposal is that it doesn’t have a lot of strong support. You would think the major cellphone companies would support the proposal, but they have made it clear they will sacrifice revenue opportunities over their obsession with claiming ‘ownership’ of spectrum.” Feld said in “an ideal world” the questions asked would be mostly technical. “Does the proposed technology work? If so, then the FCC would authorize it and the Department of Transportation or Congress would address the social issue,” he said. “But there is a political reality that if the proposal does not have significant support from industry or the public, it becomes much harder to move it in the face of opposition.”

"After net neutrality, I would figure this issue is dead unless the [Federal Aviation Administration] or someone formally asks them to pursue it,” said a former FCC legal adviser who represents broadcast clients. “Wheeler has not really backed down yet.”

The proceeding still “has legs as long as Wheeler acknowledges straightaway that he didn’t have the votes for voice in the first place,” said a former FCC spectrum official who represents wireless clients. “Also, he ought to recast the matter as one of good government -- modernizing an old rule -- and increased consumer choice -- greater variety of services, lower prices -- which would no doubt entice the Republicans.” A former FCC official with wireless clients questioned whether, based on the comments, the FCC will move forward. “The comments appear to be mixed, without much support from wireless carriers or aviation-related parties,” the lawyer said. “Most of the support came from equipment vendors. Given the resistance to voice calls on planes and the mixed reaction in general, it may be difficult to get this one ‘off the ground.'"

"The comments in this proceeding make clear that there is widespread support for the Commission’s proposal to re-examine its regulations regarding in-flight mobile communications,” said TIA, ITIC and CEA (http://bit.ly/SjiQml). “A variety of stakeholders, including IMC providers, off-board communications link providers, airlines and aircraft manufacturers, and industry associations, are generally supportive of enabling IMC in the United States.” The groups said the FCC should do away with outdated regulations “creating an environment in which airlines are allowed to offer up-to-date, market-based services to their customers."

Individual airlines should be able to make the call on what kinds of cellphone use they allow, Boeing said. “Voice capability can be separately enabled from the ‘quiet data’ uses such as web browsing and texting that are widely supported, and Boeing believes that those airlines that have expressed interest in offering voice service should be permitted to experiment,” said the plane manufacturer (http://bit.ly/1h8SwBe).

The Air Line Pilots Association noted it opposed cellphone use on flights the last time the FCC sought comment in 2005. Technology has changed, but safety concerns remain, ALPA said. “The overall safety of an entire flight, both on the ground and in flight, is primary,” the group said in comments to the FCC last week (http://bit.ly/1h8qxBq). “The use of cell phones by passengers may have a negative operational safety impact on the ability of flight attendants to perform their required duties. Passenger use of cell phones for conversations during flight could result in flight attendants being required to have adversarial interactions with passengers to resolve avoidable arguments and/or disputes. The overall cabin atmosphere may more frequently deteriorate to unacceptable levels, perhaps even to the point of adversely affecting and even jeopardizing the safety of all occupants."

CTIA said many questions remain, including on the use of foreign-made Airborne Access Systems (AAS) in the U.S. “Similarly, the domestic operation of AAS equipment on U.S. spectrum bands with multiple air interfaces has not been studied and necessitates a rigorous review, which at least one foreign in-flight provider acknowledges,” CTIA said (http://bit.ly/1o6RY6p). “Even if further study demonstrates that the introduction of in-flight service on licensed commercial mobile spectrum will not result in interference to terrestrial operations and government airborne operations, critical licensing and other issues must be addressed.”

T-Mobile said the decision should be left to experts at FCC and DOT. If the FCC proceeds, “AAS service providers should be treated like other wireless communications providers and subject to roaming and other important obligations,” T-Mobile said (http://bit.ly/1glmOWd).