FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Diana DeGette
U.S. House of Representatives
2368 Rayburn House Office Building
Washington, DC 20515
Dear Congresswoman DeGette:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to he available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of celiphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC's role to examine continuously our rules in light of such
Page 2- The Honorable Diana DeGette
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC's proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Diana DeGette
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."t
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S. 1811, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRMprior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Wheeler
'Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law 112-95) directed the Administrator of
the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during a
flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
Is
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Suzan Delbene
U.S. House of Representatives
318 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Delbene:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to be available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of cellphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the s role to examine continuously our rules in light of such
Page 2- The Honorable Suzan Delbene
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC's proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. 111 fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Suzan Delbene
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."3
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.1811, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRM prior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Wheeler
Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law 112-95) directed the Administrator of
the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during a
flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Mike Doyle
U.S. House of Representatives
239 Cannon House Office Building
Washington, DC 20515
Dear Congressman Doyle:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to be available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The 's December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of cellphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC's role to examine continuously our rules in light of such
Page 2- The Honorable Mike Doyle
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC's proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Mike Doyle
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."5
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.1811, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRMprior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Wheeler
Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law 112-95) directed the Administrator of
the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during a
flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Anna Eshoo
U.S. House of Representatives
241 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Eshoo:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to he available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of cellphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC's role to examine continuously our rules in light of such
Page 2- The Honorable Anna Eshoo
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC's proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Anna Eshoo
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."7
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.1811, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRM prior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Wheeler
Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law 112-95) directed the Administrator of
the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during a
flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
., ,.
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Michael Honda
U.S. House of Representatives
1713 Longworth House Office Building
Washington, DC 20515
Dear Congressman Honda:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to be available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of cellphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC's role to examine continuously our rules in light of such
Page 2- The Honorable Michael Honda
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological jud gments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC's proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Michael Honda
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."9
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.181 1, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRM prior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Whee er
Section 410 in the FAA Modernization and Reform Act of2012 (Public Law 112-95) directed the Administrator of
the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during a
flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Doris Matsui
U.S. House of Representatives
2434 Rayburn House Office Building
Washington, DC 20515
Dear Congresswoman Matsui:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to he available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of cellphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC' s role to examine continuously our rules in light of such
Page 2- The Honorable Doris Matsui
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC's proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Doris Matsui
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n] one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."1'
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.1811, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRMprior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Wheeler
Section 410 in the FAA Modernization and Reform Act of2012 (Public Law 112-95) directed the Administrator
of the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during
a flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
fl1;) WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Frank Pallone
U.S. House of Representatives
237 Cannon House Office Building
Washington, DC 20515
Dear Congressman Pallone:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to be available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of cellphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC's role to examine continuously our rules in light of such
Page 2- The Honorable Frank Pallone
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC' s proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Frank Pallone
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."13
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.181 1, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRMprior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Wheeler
Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law 112-95) directed the Administrator
of the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during
a flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Eric Swaiwell
U.S. House of Representatives
501 Cannon House Office Building
Washington, DC 20515
Dear Congressman Swalwell:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to be available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of celiphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC's role to examine continuously our rules in light of such
Page 2- The Honorable Eric Swaiwell
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC's proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Eric Swaiwell
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."15
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.1811, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRM prior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Wheeler
' Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law I 12-95) directed the Administrator
of the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during
a flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Mike Thompson
U.S. House of Representatives
231 Cannon House Office Building
Washington, DC 20515
Dear Congressman Thompson:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRIvI) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to be available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current teclmology offers airlines the flexibility to deploy a system that can allow data only.
The FCC' s December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of cellphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC's role to examine continuously our rules in light of such
Page 2- The Honorable Mike Thompson
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC's proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Mike Thompson
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."7
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.1811, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRM prior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Tom Wheeler
17 Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law 112-95) directed the Administrator
of the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during
a flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF April 8, 2014THE CHAIRMAN
The Honorable Peter Welch
U.S. House of Representatives
2303 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Welch:
Thank you for contacting me regarding the Commission's proposal to modernize and
harmonize its rules governing in-flight wireless services. I welcome your comments on this
issue, and appreciate the opportunity to clarify the limited, technology-focused Notice of
Proposed Rulemaking (NPRM) the Commission approved on December 12, 2013. I also
appreciate your support for the Commission's process, and recognition that appropriate actions
can be taken to modernize an outdated technological rule and enable in-flight connectivity
options that are available elsewhere in the world to be available in the United States.
It is true that in-flight technology has been transformed over the past several years, and
that passenger use of mobile devices could provide access to a wide range of in-flight
communications applications, including text, e-mail, and data applications. It is also true that
current technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC' s December NPRM represented the beginning of a process to consider whether
and how we should revise our rules to account for new technology and to improve consumers'
access to mobile wireless services onboard aircraft. As a first step in that process, we are
collecting information and soliciting the views of consumers and other stakeholders on an array
of questions that will assist us in determining if any modifications to our rules would serve the
public interest. However, even if the record leads the Commission to update our rules, it will be
the airlines' decision, in consultation with their customers and subject to applicable Department
of Transportation (DoT) and Federal Aviation Administration (FAA) rules, whether or not to
permit the use of data, text and/or voice services while airborne.
There are several key aspects to the Commission's proposal. First, we propose to
harmonize our rules by expanding the current restriction on in-flight use of cellphones operating
in the 800 MHz band to cover all mobile communications services in all mobile wireless bands.
That the current rules do not apply to phones operating in other cellular frequencies represents a
regulatory inconsistency that is poor policy.
Second, we propose to modernize our rules by permitting airlines using FAA-certified
airborne access systems to decide, consistent with DoT and FAA rules, whether and how to
make in-flight mobile wireless services available to their customers. As the expert agency on
communications, it is the FCC's role to examine continuously our rules in light of such
Page 2- The Honorable Peter Welch
technology developments and to eliminate unnecessary or outdated regulations where
appropriate. The principal reason the Commission adopted its existing rule was out of a concern
that such use onboard an aircraft could interfere with a terrestrial network on the ground. Today,
new airborne access systems, which have been in use for a number of years by airlines in other
countries, capably manage the mobile device's signal so that it does not cause interference to cell
phone networks on the ground.
In light of these recent technological advances, the Commission is obligated to examine
whether our existing restrictions on airborne use remain necessary to prevent harmful
interference to mobile networks on the ground. Accordingly, the Commission is seeking
comment on whether such airborne access systems can be used by airlines to effectively manage
mobile broadband-capable devices operating on U.S. cellular bands. This proposal would
replace current restrictions - which affect some, but not all, mobile bands - with a consistent
regulatory framework that explicitly prohibits airborne use of cellular services in all frequency
bands unless an aircraft is equipped with an airborne access system and is complying with all
applicable DoT and FAA requirements.
Consistent with the views expressed in your letter, initial public response to the NPRM
largely has focused on the possibility that modernizing our rules would open the door to allow
passengers to make voice calls during flight. Many are concerned that adoption of this proposal
would result in a less-enjoyable travel experience caused by other passengers engaging in
unreasonably loud phone conversations during flight. These are not unreasonable concerns. As
a frequent airline passenger, I would prefer that voice calls not be made on planes. However, it
is the responsibility of the Commission to ensure, to the greatest degree we can, that our rules are
based on sound technological judgments.
If the Commission determines that airborne mobile use is possible without negative
effects to cellular networks, the airlines, under the FCC' s proposal, would have the ultimate say
as to whether and how to provide service using cellular airborne access systems, subject to
applicable DoT and FAA rules. In fact nothing in this proposal would limit the ability of airlines
to ban voice conversations in-flight. For example, an airline could choose to not offer voice
service at all and to only provide data communications so that passengers can experience the
kind of data-focused activities that you mention: surf the Web, send and receive text messages
and email, or access social media to stay connected to friends and family.
Moreover, issues regarding passenger impact are more appropriately resolved by the
DOT's Office of the Secretary (OST), which oversees aviation consumer protection issues, and
the FAA, which has authority over safety issues. In this regard, OST recently issued an Advance
Notice of Proposed Rulemaking (ANPRM) to examine the issue of air passengers' airborne use
of mobile wireless devices for voice calls. The ANPRM seeks comment on whether allowing in-
flight voice communications is unfair to consumers and, if so, whether such use should be
banned or restricted. I am fully supportive of that examination.
Page 3- The Honorable Peter Welch
Additionally, the FAA is actively engaged in this matter to the extent it impacts airline
safety or operations. Earlier this year the FAA released a Congressionally-mandated report
titled Study on the Use of Cell Phones on Passenger Aircraft indicating that foreign civil aviation
authorities in numerous countries where such technology has already been deployed reported "no
documented occurrences of cell phones affecting flight safety on aircraft with on-board cellular
telephone base stations." The study found that "[n]one of the civil aviation authorities reported
any cases of air rage or flight attendant interference related to passengers using cell phones on
aircraft equipped with on-board cellular telephone base stations."19
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.1811, that would ban voice calls on flights. H.R 3676 has been
reported out of the House Committee on Transportation and Infrastructure. The Commission is
ready to offer technical assistance on these bills and any other similar legislation.
There will be months of public comment and debate on the specific issues raised in the
NPRMprior to any adoption of final rules. We hope that all interested stakeholders, including
the airlines, flight attendants, pilots, the flying public, and others will review our draft proposal
closely and engage in our rulemaking process.
Once again, thank you for apprising me of your views on this important matter. Please
let me know if there is any additional information about this matter I can provide. We will place
your inquiry in the record of this proceeding.
Sincerely,
Torn Whee er
19
Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law 112-95) directed the Administrator
of the FAA to conduct a study on the impact of the use of cell phones for voice communications in an aircraft during
a flight in scheduled passenger air transportation. Section 410 directed the study to include a review of foreign
government and air carrier policies on the use of cell phones during flight; a review of the extent to which
passengers use cell phones for voice communications during flight; and a summary of any impacts of cell phone use
during flight on safety, the quality of the flight experience of passengers, and flight attendants.