FCC Seeks Public Comment on In-Flight Cellphone Ban

Department of Transportation Weighs In

In response to the FCC’s proposal to allow wireless services aboard commercial flights, the U.S. Department of Transportation is considering a ban on in-flight voice calls. Transportation Secretary Anthony Foxx issued the following statement yesterday:

“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.”

The Federal Communications Commission (FCC) is proceeding with its plan to allow cellphone calls and Internet service on commercial flights: Yesterday, it initiated a period of public comment on proposed rules that would give airlines the ability — if they choose — to install equipment that expands in-flight mobile wireless services to passengers.

“The FCC is sometimes criticized for relying on outdated rules that do not reflect current technologies or markets,” FCC Chairman Thomas Wheeler said in a statement. “This is a textbook opportunity to do something about eliminating an unnecessary regulation of the FCC and letting the marketplace function.”

Since it was announced last month, the FCC’s proposal has faced vocal opposition from critics who worry about the impact of in-flight phone calls on the passenger experience — including the U.S. Travel Association.

“A policy change of this nature should only be made after exhaustively contemplating whether it improves the travel experience, and there are some strong indications that travelers themselves do not want it,” U.S. Travel Association President and CEO Roger Dow said yesterday in response to the FCC’s move. “Polls we have seen by Quinnipiac University, the Associated Press and others have concluded that the public opposes in-flight phone calls by very convincing margins.”

Although it acknowledges concerns, the FCC argues that the decision to allow or ban wireless services should lie with airlines, not federal regulators.

“Today’s proposal to remove outdated rules and expand access to mobile wireless services during air travel is pro-free market, pro-competition, pro-consumer, pro-technology, and de-regulatory,” Wheeler said. “It has also garnered a great deal of attention and been widely misunderstood. Let me say up front that, I get it. I don’t want the person in the seat next to me yapping at 35,000 feet any more than anyone else. So then why are we still moving forward with this item? … If an airline installs new on-board equipment, the FCC’s ban is no longer necessary. Our engineering belief is that it is technically safe to use the new onboard equipment to prevent interference with terrestrial networks. The proposal would not require airlines to either install such equipment, or to offer mobile wireless services aboard their aircraft. Airlines would be free, within the confines of the rules of the Federal Aviation Administration and Department of Transportation, to make their own decisions. We simply propose that because new technology makes the old rule obsolete the FCC should get government out from between airlines and their passengers. Where there is not a need for regulation, the free market works best to determine the appropriate outcome.”

The FCC will accept comments on its proposal from the public for a period of 30 days. Comments may be filed electronically or by mail.

Concluded Wheeler, “Today’s proposal is intended to solicit input. It is not a final decision.”