FCC Proposal to Lift Ban on Cellphone Use on Planes Focuses on Technical Aspects
Mignon Clyburn became the first FCC member to weigh in publicly on a draft NPRM circulated last week on allowing cellphone use on commercial fights (CD Nov 22 p6). “It’s best to let competition and the marketplace regulate passenger engagements in flight,” said Clyburn in a statement Sunday night (http://bit.ly/17O28jj). “For while it is impossible for us to impose a gag rule on the flying public, I feel certain the airlines can, and will, find a workable solution.” Her comments came after the FCC Friday issued a rare batch of frequently asked questions about draft rules.
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The current technology prevents cellphone use on aircraft from interfering with cellular phone use on the ground, making the commission’s rule unnecessary to protect ground cell service, said wireless attorney Mitchell Lazarus of Fletcher Heald. “The technology does away with the FCC’s reason for having that rule in the first place,” he told us.
Input from wireless carriers on how they'd handle roaming fees in the air would be “a fair topic for the FCC to raise,” Lazarus said. The present expectation is that wireless carriers would be charging roaming rates, “which are very expensive for the passenger and very remunerative for the cell companies,” he said. The change could be a revenue source for airlines, he said. “Airlines are in a funny position because they will probably make money from the phone calls if they allow them.” They also could decide to segregate the cabin into cellphone use and non-cell phone areas, he added. “They may want to charge more for a non-cellphone seat."
The commission said its decision will focus on the technical issues involved, and not the behavioral issues, it said. It “encourages prudent judgment and good etiquette in the use of cell phones and all electronic devices on airplanes,” it said. But “that is not within the scope of the FCC’s responsibility.” The draft NPRM to propose lifting the ban on cellphone use aboard airplanes in-flight is “purely a technical decision,” said the agency’s Q-and-A notice Friday (http://bit.ly/1iLV37j). If adopted, the new rules could allow airlines to install an “Airborne Access System that would provide the connection between passengers’ wireless devices and commercial wireless networks,” it said. Ultimately, allowing passengers to use cellphones to make calls will be determined by airlines, said Chairman Tom Wheeler (CD Nov 25 p1).
Technology installed directly on airplanes is available to prevent cellphones used in-flight from interfering with cellphone networks on the ground, the FCC said. It “has already been deployed successfully in many other countries around the world without incident,” said the agency.
The proposal has been opposed so far by the Association of Flight Attendants and CEA President Gary Shapiro. This shouldn’t be confused with the Federal Aviation Administration’s rule change on allowing portable electronic devices to be used during all phases of flight, the FCC said.