FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:

December 15, 2004 Lauren Patrich at (202) 418-7944

E-mail: <lauren.patrich@fcc.gov>

**FCC TO EXAMINE BAN ON USING CELLULAR**

**TELEPHONES ON AIRBORNE AIRCRAFT**

WASHINGTON, D.C. -- Today, the Federal Communications Commission
proposed to relax its current ban on the use of cellular telephones on
airborne aircraft. The Commission addressed policy and technical options
for permitting controlled use of cellular handsets and other wireless
devices in airborne aircraft as a means to increase communication
options available to the traveling public as well as public safety
personnel. The Commission's rules currently require that cellular
handsets be turned off once an aircraft leaves the ground to avoid
interfering with terrestrial cellular systems. Federal Aviation
Administration (FAA) regulations also currently restrict the use of
mobile telephones and other portable electronic devices (PEDs) on
aircraft to ensure against interference to onboard communications and
navigation equipment.

The Commission cautioned that any steps it ultimately takes with respect
to the use of cellular and other wireless devices aboard aircraft would
be subject to the rules and policies of the FAA and aircraft operators.
The Commission added that it did not intend in initiating this
proceeding to affect ongoing efforts by the FAA to examine its own rules
and policies on this subject. Rather, the Commission is coordinating
with the FAA to ensure that FCC rules and policies complement the FAA's
efforts and address issues unique to wireless service providers, which
are subject to the Commission's regulatory jurisdiction.

Specifically, the Commission proposed to permit the airborne operation
of "off the shelf" wireless handsets and other devices so long as the
device operates at its lowest power setting under control of a "pico
cell" located on the aircraft, and the operation does not allow unwanted
radio frequency emissions to interfere with terrestrial cellular
systems. The Commission asked for public comment on whether the proposal
should apply only to devices operating in 800 MHz cellular spectrum, or
whether devices operating on other spectrum bands, such as the PCS band
or Advanced Wireless Services bands, should be included.

The Commission also asked for public comment on ways that the 800 MHz
cellular spectrum could be used to provide a communications "pipe"
between airborne aircraft and the ground. This could include whether the
current FCC restriction could be replaced by an industry-developed
standard that would guard against harmful interference to both airborne
and terrestrial systems through appropriate technical and operational
limitations. The Commission also sought comment on whether to allow
cellular carriers to provide service on a secondary basis to airborne
devices subject to technical limitations aimed at preventing harmful
interference. The Commission also raised these questions with respect to
other Commercial Mobile Radio Services spectrum bands.

The Commission stated that its proposal is an important step in a
process aimed at increasing the communications options for wireless
users---in this case, airborne connectivity--while ensuring no increased
risk of harmful interference to terrestrial cellular systems. The
Commission explained that its ultimate objective is to allow consumers
to use their own wireless devices during flight.

In a related action today, the Commission also restructured the rules
for the air-ground radio telephone service, currently provided by
Verizon Airfone, and proposed auction rules for that spectrum.

Action by the Commission on December 15, 2004, by *Notice of Proposed
Rulemaking* (FCC 04-288). Chairman Powell, Commissioners Abernathy,
Copps, Martin, Adelstein with Chairman Powell and Commissioner Copps
issuing separate statements.

Wireless Telecommunications Bureau Contact: Guy Benson at (202) 418-2946
or <guy.benson@fcc.gov>. TTY 1-888-835-5322.

WT Docket No. 04-435

-FCC-

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