POSTED BY Meghan T. Bonk
The Federal Communications Commission (“FCC”) has recently made a proposal to allow the use of cell phones on airline flights. The Wall Street Journal reported that cell phone use would still be restricted during takeoff and landing, but once the plane reaches 10,000 feet, “airborne calls” and “cellular data” use would be permitted. In 1991, the FCC created a restriction that banned the use of in-flight cell phone use. It proposed to lift the restriction in 2004 and received more than 8,000 public comments. In 2007, the commission decided against lifting the restriction after flight attendants and other groups argued that “in flight calls would be a nuisance.” The iPhone was created by Apple in 2007, and since then, cell-phone related activity has increased making it more reasonable to lift the ban on in-flight cell phone use today.
The FCC chairman, Tom Wheeler, stated that the agency wishes to do away with outdated rules and restrictions. He also stated that the airlines themselves are in the best position to decide what is in the best positions of the passengers, but he wanted to confirm that in-flight cell phone use is safe. According to The Washington Post, airline consultant, Robert Mann, also commented on the matter and explained that previously, the FCC was the main excuse airlines had for not allowing in-flight cell phone use and that now, the FCC wants to take itself “out of the equation.”
Ultimately, the FCC plans to invite public comment on the issue of permitting airborne calls and cellular data usage by airline passengers. One of the issues that could come about because of this proposed rulemaking is that while the FCC will allow public comment, will the airlines themselves be given enough of a voice in the matter? Airline passengers themselves will most likely have noise concerns about the lifted ban on cell phone use. However, airlines will pay the ultimate price because once one airline decides to allow in-flight cell phone use, other competing airlines will feel the need to follow suit. This means that thousands, perhaps even millions of dollars will be spent to install equipment on planes that connects to cell phone towers on the ground. Even though Chairman Wheeler reassured that in-flight cell phone is safe, other safety concerns arise. Monitoring passengers who appear to pose a terrorist risk to the flight and are using a cell phone, cell phone use during an emergency situation and the ability of flight attendants to give direction to passengers all pose a security risk if cell phone use was permitted.
Another effect of lifting the restriction on in-flight cell phone use could be that the unions associated with airlines could go on strike, causing mass cancellation of flights due to lack of essential personnel. A spokesman for the Association of Flight Attendants stated that the union objects to this proposed rulemaking and that it goes against its employees’ goal of creating a calm, secure environment. If the rule is adopted, surely other unions will have similar concerns.
While the FCC has ambitions to reevaluate rules that do not appear to be up to date with modern technology, there seems to be underlying motives within its proposed rulemaking. Cell phone companies could be lobbying for this rule to be put into place, or perhaps the new FCC chairman wants to use this proposed rulemaking as a stepping stone for his own political career. Either way, safety concerns as well as the concerns of airline personnel should be considered to a higher standard than that of the public. A more stringent proceeding that includes airline personnel representatives as a party to the action would be ideal in this case to ensure that all concerns are addressed thoroughly and completely.
