FCC OKs Rulemaking to Modernize Rules On In-Flight Cellphone Calls

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, said Pai. 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. -- Kamala Lane

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Capitol Hill pressure on the idea of in-flight cellphone calls escalated Thursday as all five FCC commissioners faced the House Communications Subcommittee, hours before the agency took up its item to propose allowing such conversation from a technical perspective. At the hearing, Wheeler defended the proposal and said he has talked with others in government about what will happen next. “This is the responsible thing to do,” Wheeler told House lawmakers of the FCC NPRM. He spoke with Transportation Secretary Anthony Foxx that morning, and Foxx said that yes, the FCC is the technical agency overseeing these issues, while others handle the rules on practical implementation, Wheeler said. Other government bodies will be moving forward with a rule addressing voice calls, Wheeler said, recounting the conversation with Foxx. Subcommittee Chairman Greg Walden, R-Ore., told Wheeler it would be “helpful” if the public were able to see the FCC’s NPRM. Wheeler agreed and said the Thursday vote would help allow the FCC to “put the language out.” He told Walden the proposal did not violate the agency’s net neutrality rules due to the premises exemption, which covers locations such as coffee shops and airplanes. As for the Transportation Department considering a ban on in-flight voice calls, Foxx said in a statement when queried about his meeting with Wheeler: “Over the past few weeks, we have heard of concerns raised by airlines, travelers, flight attendants, members of Congress and others who are all troubled over the idea of passengers talking on cell phones in flight -- and I am concerned about this possibility as well. As the FCC has said before, their sole role on this issue is to examine the technical feasibility of the use of mobile devices in flight. We believe USDOT’s role, as part of our Aviation Consumer Protection Authority, is to determine if allowing these calls is fair to consumers. USDOT will now begin a process that will look at the possibility of banning these in-flight calls. As part of that process, USDOT will give stakeholders and the public significant opportunity to comment.” Opposition to in-flight voice calls is strong in Congress. On Thursday, Sens. Lamar Alexander, R-Tenn., and Dianne Feinstein, D-Calif., introduced the Commercial Flight Courtesy Act, which would forbid voice calls on cellphones during commercial flights. In a news release, Alexander’s office said this bill “mirrors current regulation” on cellphone prohibitions. Feinstein, in a statement, said plane travel is not “conducive to numerous passengers talking on cell phones” and that the legislation, without affecting a passenger’s ability to text or email, “recognizes the use of cell phones to make calls during flights can be disruptive and irritating to other passengers and would prevent such communications during domestic flights.” House Transportation Committee Chairman Bill Shuster, R-Pa., introduced the Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act Monday, which would compel the Transportation Department to issue rules banning conversation while commercial planes are in-flight. Shuster’s bill, HR-3676, has 21 co-sponsors from both parties, including Communications Subcommittee ranking member Anna Eshoo, D-Calif. But 10 House Democrats sent Wheeler a letter supporting the NPRM. “We oppose the use of voice services during flights,” said the letter dated Wednesday (http://1.usa.gov/1d9VBze), an effort led by Doris Matsui, D-Calif., and Suzane DelBene, D-Wash. “However, as Members of Congress who are concerned about making sure that our laws and regulations keep up with the pace of modern technologies, we support this process, and believe that appropriate actions can be taken to modernize an outdated technological rule and enhance passenger connectivity while in flight.” They support airlines deciding whether to allow voice calls but also back the FCC’s proceeding exploring in-flight communications.