The FCC yesterday released an Order terminating the proceeding in which it was considering relaxing 47 CFR 22.925’s ban on the use of cellular telephones on aircraft in flight. According to the Order, the FCC feels a decision on the matter would be premature at this time. The FCC’s decision is based upon: (1) the insufficient technical information that would allow the FCC to assess whether the airborne use of cellular phones may occur without causing harmful interference to land-based networks; (2) the lack of data that would allow the FCC to evaluate the potential for interference between PED (personal electronic device) operations onboard aircraft and land-based wireless systems; and (3) the fact that airlines, manufacturers, and wireless providers are still researching the use of cell phones and other PEDs onboard aircraft. However, the Order also indicates that the FCC would re-visit the issue once appropriate technical data is available for review.
In the absence of action by the FCC, the FAA’s position on the issue will remain the same: The FAA does not expressly prohibit the use of cellular telephones in flight, but it has indicated its support of the FCC regulation in AC 92.21-1A. It is also important to note that 47 CFR 22.925 does not prevent the use of cellular telephones while the aircraft is on the ground. As long as the wheels are still touching the ground, the regulation does not prevent you from using your cellular telephone. However, keep in mind that airline or charter operator procedures may be more restrictive. Finally, even if the operator and/or pilot in command allows the use of cellular telephones on the ground, he or she is still required to make a non-interference determination before they may be used.
