Export Compliance Daily is a service of Warren Communications News.
‘Only a Technical Advisory’

FCC Can Allow, Not Mandate, Cellphone Use In Flight, Chairman Says

The FCC understands consumer concerns about cellphone calls made during commercial flights and airlines would be free to impose rules as they see fit, FCC Chairman Tom Wheeler said Friday. The Association of Flight Attendants (AFA) called on the FCC to drop any plans to allow calling on cellphones by passengers while in flight. Industry officials, meanwhile, said they expect a huge, mostly negative response by the public to an NPRM slated for vote at the FCC’s December meeting, which will questions about the use of cellphones for data, text and voice (CD Nov 22 p3). Cellphones would not directly contact towers but use the picocell systems installed on some airliners.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

"If the Commission adopts this proposal after the public has had the opportunity to comment it will be only a technical advisory, an update to our rules,” Wheeler said (http://fcc.us/I5zCQm). “There is nothing in the proposal that prohibits airlines from developing whatever in-flight phone usage policy they may wish.” The FCC’s role is limited to focusing “on issues related to communications technology,” Wheeler said. “Technology is available and being deployed today on flights outside the United States that permits use of mobile devices on planes without causing interference to cell phone networks on the ground. These advances in technology likely no longer warrant -- on a technological basis -- the prohibition of in-flight phone use with the appropriate on-board equipment."

"The FCC plans to invite public comment on a proposal that, if adopted, would give airlines the ability to allow passengers to use their mobile wireless devices, such as cellphones, to communicate with cellular frequency equipment while flying above 10,000 feet,” said a fact sheet also released by the agency Friday. “The proposed rules would make clear that there is no right to operate cellphones on planes as a default. If an airline takes affirmative steps, and complies with applicable FCC and FAA rules, they would be permitted to operate an airborne access system that would allow them to provide the service and give them a greater degree of control over cellphones than exists today."

"AFA opposes any changes that would allow in-flight voice calls,” that group said in a written statement (http://bit.ly/1aE2r12). “Flight Attendants, as first responders and the last line of defense in our nation’s aviation system, understand the importance of maintaining a calm cabin environment. Any situation that is loud, divisive, and possibly disruptive is not only unwelcome but also unsafe."

Sen. Ed Markey, D-Mass., also raised concerns. “Playing ‘Words with Friends’ is different than passengers having lengthy, loud ‘conversations with friends’ while in the tight, inescapable confines of an airline passenger cabin,” said Markey, a member of the Commerce Committee, which has oversight of transportation issues. “Consumers could benefit from access to email, texts, and related functions of their phones while in flight, but it’s clear that many have concerns about the atmosphere in airline cabins if unfettered phone conversations were permitted.” Rep. Greg Walden, R-Ore., chairman of the House Communications Subcommittee, also raised concerns, as did Sen. Mark Begich, D-Alaska, a member of the Commerce Committee.

CEA President Gary Shapiro indicated he is not enthusiastic about the possibility the FCC might allow in-flight voice calls on cellphones. “Texting on planes should be allowed,” Shapiro tweeted Friday. “As a road warrior, I think talking on phones could cause air rage.”

Wheeler also said in the statement he understands why the proposal raised concerns. “We understand that many passengers would prefer that voice calls not be made on airplanes,” he said. “I feel that way myself. Ultimately, if the FCC adopts the proposal in the coming months, it will be airlines’ decisions, in consultation with their customers, as to whether to permit voice calls while airborne.”