FEDERAL COMMUNICATIONS COMMISSION
WAS H IN GTO N
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Earl Blumenauer
U.S. House of Representatives
1111 Longworth House Office Building
Washington, DC 20515
Dear Congressman Blumenauer:
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can be taken to modernize an outdated technological rule and enable in-flight connectivity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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Earl Blumenauer
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 Earl Blumenauer
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
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
1 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, 2014
THE CHAIRMAN
The Honorable Madeleine Bordallo
U.S. House of Representatives
2441 Rayburn House Office Building
Washington, DC 20515
Dear Congresswoman Bordallo:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Madeleine Bordallo
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 Madeleine Bordallo
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
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 Robert Brady
U.S. House of Representatives
102 Cannon House Office Building
Washington, DC 20515
Dear Congressman Brady:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Robert Brady
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 telTestrial 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 Robert Brady
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."'
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.
OM
FEDERAL COMMUNICATIONS COMMISSION
WAS H N G TON
OFFICE OF April 8 2014
THE CHAIRMAN
The Honorable Julia Brownley
U.S. House of Representatives
1019 Longworth House Office Building
Washington, DC 20515
Dear Congresswoman Brownley:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Julia Brownley
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 '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 Julia Brownley
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
MISS'
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Lois Capps
U.S. House of Representatives
2231 Rayburn House Office Building
Washington, DC 20515
Dear Congresswoman Capps:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Lois Capps
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 Lois Capps
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 "[njone 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.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
WAS HI N G TO N
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Michael Capuano
U.S. House of Representatives
1414 Longworth House Office Building
Washington, DC 20515
Dear Congressman Capuano:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Michael Capuano
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 Capuano
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.181l, 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
ISS
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Steve Cohen
U.S. House of Representatives
2404 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Cohen:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Steve Cohen
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 Steve Cohen
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 "[njone 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.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
13 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
ISS\0,
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Gerald Connolly
U.S. House of Representatives
424 Cannon House Office Building
Washington, DC 20515
Dear Congressman Connolly:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Gerald Connolly
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 Gerald Connolly
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 Whee er
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.
OMM
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Jim Cooper
U.S. House of Representatives
1536 Longworth House Office Building
Washington, DC 20515
Dear Congressman Cooper:
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 (I's/PRM) 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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Jim Cooper
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 Jim Cooper
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 "[njone 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
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
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.
cOMMO4
OFFICE OF
THE CHAIRMAN
The Honorable Jim Costa
U.S. House of Representatives
1314 Longworth House Office Building
Washington, DC 20515
Dear Congressman Costa:
April 8, 2014
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
technology developments and to eliminate unnecessary or outdated regulations where
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
Page 2- The Honorable Jim Costa
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 Jim Costa
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,
Tom Wheeler
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.
FEDERAL COMMUNICATIONS COMMISSION
WAS H I N G TO N
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Peter DeFazio
U.S. House of Representatives
2134 Rayburn House Office Building
Washington, DC 20515
Dear Congressman DeFazio:
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 cO 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Peter DeFazio
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 DeFazio
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."2'
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
21 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
OF April 8, 2014
THE CHAIRMAN
The Honorable John Duncan
U.S. House of Representatives
2207 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Duncan:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable John Duncan
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 telTestrial 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 John Duncan
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."23
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
23 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.
//--.'o \
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Keith Ellison
U.S. House of Representatives
2244 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Ellison:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Keith Ellison
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 Keith Ellison
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."25
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
25 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
OF April 8, 2014
THE CHAIRMAN
The Honorable Elizabeth Esty
U.S. House of Representatives
509 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Esty:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Elizabeth Esty
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 Elizabeth Esty
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."27
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.P. 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 teclmical 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
27 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.
OFFICE OF
THE CHAIRMAN
The Honorable Sam Fan
U.S. House of Representatives
1126 Longworth House Office Building
Washington, DC 20515
Dear Congressman Fan:
April 8, 2014
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
technology developments and to eliminate unnecessary or outdated regulations where
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
Page 2- The Honorable Sam Fan
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 Sam Fan
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."29
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
29 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 April 8, 2014
THE CHAIRMAN
The Honorable Tulsi Gabbard
U.S. House of Representatives
502 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Gabbard:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Tulsi Gabbard
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 Tulsi Gabbard
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."31
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.181l, 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
31 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
\MISS/
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Gene Green
U.S. House of Representatives
2470 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Green:
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 's role to examine continuously our rules in light of such
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Gene Green
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 Gene Green
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."33
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 April 8, 2014
THE CHAIRMAN
The Honorable Raul Grijalva
U.S. House of Representatives
1511 Longworth House Office Building
Washington, DC 20515
Dear Congressman Grijalva:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Raul Grijalva
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 Raul Grijalva
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
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
&flbi WASHINGTON
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Michael Grimm
U.S. House of Representatives
512 Cannon House Office Building
Washington, DC 20515
Dear Congressman Grimm:
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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Michael Grimm
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 Michael Grimm
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."37
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 April 8, 2014
THE CHAIRMAN
The Honorable Janice Hahn
U.S. House of Representatives
404 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Hahn:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Janice Hahn
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 Janice Hahn
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 Aircrafi 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."39
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 April 8, 2014
THE CHAIRMAN
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Michael Honda
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 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."4'
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
41 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, 2014
THE CHAIRMAN
The Honorable Hank Johnson
U.S. House of Representatives
2240 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Johnson:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Hank Johnson
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 Hank Johnson
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."43
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.
cO
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Walter Jones
U.S. House of Representatives
2333 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Jones:
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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Walter Jones
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 Walter Jones
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 "[njone 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."45
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,
Iz
Tom Wheeler
Section 410 in the FAA Modernization and Reform Act of 2012 (Public Law 1 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
WY
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable David Joyce
U.S. House of Representatives
1535 Longworth House Office Building
Washington, DC 20515
Dear Congressman Joyce:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable David Joyce
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 David Joyce
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."47
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 April 8, 2014
THE CHAIRMAN
The Honorable Derek Kilmer
U.S. House of Representatives
1429 Longworth House Office Building
Washington, DC 20515
Dear Congressman Kilmer:
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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Derek Kilmer
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 Derek Kilmer
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."49
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.l 811, 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.
WW;1
OFFICE OF
THE CHAIRMAN
The Honorable Ann Kuster
U.S. House of Representatives
137 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Kuster:
April 8, 2014
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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
Page 2- The Honorable Ann Kuster
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 Ann Kuster
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.""
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 April 8, 2014
THE CHAIRMAN
The Honorable Barbara Lee
U.S. House of Representatives
2267 Rayburn House Office Building
Washington, DC 20515
Dear Congresswoman Lee:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Barbara Lee
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 Barbara Lee
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."53
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.
//Y \(('i?\ FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Sander Levin
U.S. House of Representatives
1236 Longworth House Office Building
Washington, DC 20515
Dear Congressman Levin:
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 's role to examine continuously our rules in light of such
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Sander Levin
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 N?RM
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 Sander Levin
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
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 Dave Loebsack
U.S. House of Representatives
1527 Longworth House Office Building
Washington, DC 20515
Dear Congressman Loebsack:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Dave Loebsack
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 Dave Loebsack
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 April 8, 2014
THE CHAIRMAN
The Honorable Stephen Lynch
U.S. House of Representatives
2133 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Lynch:
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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Stephen Lynch
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 Stephen Lynch
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.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.
- collM4.,
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
°'IMISS'9<
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Betty McCollum
U.S. House of Representatives
1714 Longworth House Office Building
Washington, DC 20515
Dear Congresswoman McCollum:
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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Betty McCollum
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 Betty McCollum
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."6'
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
61 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, 2014
THE CHAIRMAN
The Honorable David McKinley
U.S. House of Representatives
412 Cannon House Office Building
Washington, DC 20515
Dear Congressman McKinley:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable David McKinley
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 David McKinley
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."63
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.l 811, 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
63 Section 410 in the FAA Modernization and Reform Act of20l2 (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.
7//7_ __\ FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
°
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Patrick Meehan
U.S. House of Representatives
204 Cannon House Office Building
Washington, DC 20515
Dear Congressman Meehan:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Patrick Meehan
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 '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 Patrick Meehan
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."65
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 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
¼flIi WASHINGTON
OFFICE OF April 8, 2014THE CHAIRMAN
The Honorable Michael Michaud
U.S. House of Representatives
1724 Longworth House Office Building
Washington, DC 20515
Dear Congressman Michaud:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Michael Michaud
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 Michael Michaud
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."67
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
67 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, 2014
THE CHAIRMAN
The Honorable George Miller
U.S. House of Representatives
2205 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Miller:
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 aircrafi. 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable George Miller
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 George Miller
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."69
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
]VPRM 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
69 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.
OM
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF April 8, 2014THE CHAIRMAN
The Honorable Patrick Murphy
U.S. House of Representatives
1517 Longworth House Office Building
Washington, DC 20515
Dear Congressman Murphy:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Patrick Murphy
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 Patrick Murphy
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.181l, 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
71 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.
OMM
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN
April 8, 2014
The Honorable Rick Nolan
U.S. House of Representatives
2447 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Nolan:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Rick Nolan
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 ftilly supportive of that examination.
Page 3- The Honorable Rick Nolan
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."73
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
n 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.
OM(/
t FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
.fMISS'°
OFFICE OF April 8, 2014
THE CHAIRMAN
The Honorable Charles Rangel
U.S. House of Representatives
2354 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Rangel:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Charles Rangel
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 Charles Range!
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."75
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 Lucille Roybal-Allard
U.S. House of Representatives
2330 Rayburn House Office Building
Washington, DC 20515
Dear Congresswoman Roybal-Allard:
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 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Lucille Roybal-Allard
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 Lucille Roybal-Allard
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."77
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 C.A. Dutch Ruppersberger
U.S. House of Representatives
2416 Raybum House Office Building
Washington, DC 20515
Dear Congressman Ruppersberger:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable C.A. Dutch Ruppersberger
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 C.A. Dutch Ruppersberger
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."79
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 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
govemment 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 Jan Schakowsky
U.S. House of Representatives
2367 Rayburn House Office Building
Washington, DC 20515
Dear Congresswoman Schakowsky:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Jan Schakowsky
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 Jan Schakowsky
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."81
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
81 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.
f , % FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
'fMIS\9
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Aaron Schock
U.S. House of Representatives
328 Cannon House Office Building
Washington, DC 20515
Dear Congressman Schock:
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 technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Aaron Schock
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 Aaron Schock
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."83
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
83 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.
OMMU\
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Allyson Schwartz
U.S. House of Representatives
1227 Longworth House Office Building
Washington, DC 20515
Dear Congresswoman Schwartz:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Allyson Schwartz
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 Allyson Schwartz
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."85
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.18 11, 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
85 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.
OMO
((ff'( FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Carol Shea-Porter
U.S. House of Representatives
1530 Longworth House Office Building
Washington, DC 20515
Dear Congresswoman Shea-Porter:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Carol Shea-Porter
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 Carol Shea-Porter
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."87
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
87 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.
MO
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF April 8, 2014THE CHAIRMAN
The Honorable Albio Sires
U.S. House of Representatives
2342 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Sires:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Albio Sires
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 Albio Sires
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."89
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.18 11, 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 40 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 April 8, 2014THE CHAIRMAN
The Honorable Adam Smith
U.S. House of Representatives
2264 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Smith:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Adam Smith
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 Adam Smith
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."91
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
91 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.
OMM
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
pIsJ
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Jackie Speier
U.S. House of Representatives
211 Cannon House Office Building
Washington, DC 20515
Dear Congreswosman Speier:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Jackie Speier
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 Jackie Speier
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."93
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and S.l8ll, 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 Eric Swalwell
U.S. House of Representatives
501 Cannon House Office Building
Washington, DC 20515
Dear Congressman Swaiwell:
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 's role to examine continuously our rules in light of such
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Eric Swaiwell
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.9D
Congress can also address whether in-flight voice calls should be banned. Two bills have
been introduced, H.R 3676 and Si 811, 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 Mark Takano
U.S. House of Representatives
1507 Longworth House Office Building
Washington, DC 20515
Dear Congressman Takano:
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 technology offers airlines the flexibility to deploy a system that can allow data only.
The FCC's December NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Mark Takano
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 Mark Takano
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."97
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.
OMMU
OFFICE OF
THE CHAIRMAN
The Honorable Dma Titus
U.S. House of Representatives
401 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Titus:
April 8, 2014
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
technology developments and to eliminate unnecessary or outdated regulations where
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
Page 2- The Honorable Dma Titus
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 Dma Titus
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."99
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
ASH INGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Paul Tonko
U.S. House of Representatives
2463 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Tonko:
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 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Paul Tonko
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 Paul Tonko
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."10'
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 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
.A1lIs5\O
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Marc Veasey
U.S. House of Representatives
414 Cannon House Office Building
Washington, DC 20515
Dear Congressman Veasey:
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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Marc Veasey
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 comnrnnications 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 Marc Veasey
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."03
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
103 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
MI) WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Peter Visclosky
U.S. House of Representatives
2256 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Visciosky:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Peter Visciosky
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 Visclosky
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."05
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
W ASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Debbie Wasserman Schultz
U.S. House of Representatives
118 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Wasserman Schultz:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Debbie Wasserman Schultz
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 Debbie Wasserman Schultz
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 occmences 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."07
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 tecimical 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
107 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 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 's role to examine continuously our rules in light of such
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Peter Welch
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 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."09
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
WASHINGTON
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Frederica Wilson
U.S. House of Representatives
208 Cannon House Office Building
Washington, DC 20515
Dear Congresswoman Wilson:
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
technology developments and to eliminate unnecessary or outdated regulations where
Page 2- The Honorable Frederica Wilson
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 telTestrial 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 Frederica Wilson
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."
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.
Page 2- The Honorable Don Young
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 coimected 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 Don Young
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."113
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
113 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
WAS H IN G TO N
OFFICE OF
THE CHAIRMAN April 8, 2014
The Honorable Don Young
U.S. House of Representatives
2314 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Young:
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 NPRMrepresented 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
technology developments and to eliminate unnecessary or outdated regulations where