Communications Litigation Today was a service of Warren Communications News.

FCC Asked to End Proceeding on Cellphones on Commercial Flights

The FCC is poised to pull the plug on a 2004 rulemaking aimed at allowing cellphone use on commercial flights, sources said Tues. Chmn. Martin is circulating an order among fellow commissioners that would end the proceeding. The rulemaking brought the Commission conflicting advice rather than a firm proposal for how mobile phones could be used on planes. The Commission agreed 5-0 in 2004 to explore lifting its ban on cellphone use on commercial flights (CD Dec 16/04 p4). The Federal Aviation Administration also has a ban, which it’s still studying.

The FCC opened its scrutiny the day it set rules for the air-to-ground auction, a spectrum sale in which AirCell was the big winner. AirCell plans to roll out data service in early 2008 using about 100 cellsites nationwide and is not affected by the cellphones on aircraft proceeding’s demise, a source said. “No one has asked for anything specific” on cellphone use on flights, a source following the proceeding said: “No one has proposed anything specific. It’s just sort of a shell.”

“The proceeding has been up there for a couple of years,” another source said: “The fact is there is no real proposal. The Commission doesn’t have any action to take.” He said he wasn’t surprised the FCC is proposing to end the proceeding. “What we see is the need to bring all the parties to the table -- the carriers, AirCell and the FAA,” the source said: “Then we can take a proposal back to the FCC… Right now they just have a hodgepodge of comments.”

European airlines are getting set to allow GSM-based mobile phone calls in flight, The Sunday Times of London reported last weekend. The system uses 2 cable antennas along the passenger cabin’s sides and above the luggage racks. The wires feed a call to a pico cell that relays it to a satellite that sends it to the ground. Emirates airline plans to start service this summer, and other carriers are expected to follow.