[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Rules and Regulations]
[Page 20439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7791]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 22

[WT Docket No. 04-435; FCC 07-47]


Amendment of the Commission's Rules To Facilitate the Use of 
Cellular Telephones and Other Wireless Devices Aboard Airborne Aircraft

AGENCY: Federal Communications Commission.

ACTION: Final rule, termination of proceeding.

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SUMMARY: This document provides notice of the termination of the 
proceeding in WT Docket No. 04-435, involving the Commission's ban on 
the airborne use of cellular telephones as set out in the Commission's 
prohibition on airborne operation of cellular telephones rules.

DATES: Effective April 3, 2007.

FOR FURTHER INFORMATION CONTACT: Linda Chang, Mobility Division, 
Wireless Telecommunications Bureau, 202-418-1339, <a href="/cdn-cgi/l/email-protection#e8a481868c89c6ab8089868fa88e8b8bc68f879e"><span class="__cf_email__" data-cfemail="86caefe8e2e7a8c5eee7e8e1c6e0e5e5a8e1e9f0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, released April 3, 2007. The complete text 
of the Memorandum Opinion and Order is available for inspection and 
copying during business hours at the FCC Reference Information Center, 
Portals II, 445 12th St., SW., Room CY-A257, Washington, DC 20554. The 
complete text of this document also may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th 
Street, SW., Room, CY-B402, Washington, DC 20554. The complete text may 
also be downloaded at: http://www.fcc.gov.
    Synopsis of Memorandum Opinion and Order:
    1. On December 15, 2004, the Commission adopted a Notice of 
Proposed Rulemaking (NPRM) at 70 FR 11916, March 10, 2005 in the above-
captioned docket proposing to replace or relax its ban under Sec.  
22.925 of the Commission's rules on the use of 800 MHz cellular 
handsets on airborne aircraft. The NPRM explored several different 
options for allowing airborne use of wireless devices, including a 
proposal to remove the current ban on the airborne use of cellular 
phones. Given the lack of technical information in the record upon 
which the Commission may base a decision, it has determined at this 
time that this proceeding should be terminated.
    2. In the NPRM, the Commission specifically requested technical 
comment, emphasizing that the ban on the airborne use of cell phones 
would not be removed without sufficient information regarding possible 
technical solutions. The NPRM also noted that the Federal Aviation 
Administration (FAA) prohibits the use of portable electronic devices 
(PEDs) on airborne aircraft, and that RTCA, Inc. (RTCA), a Federal 
Advisory Committee, is currently studying the effect of PEDs on 
aircraft navigation and safety at the request of the FAA. RTCA 
published findings in December 2006, and is expected to issue 
recommendations regarding airplane design and certification 
requirements in 2007.
    3. The comments filed in this proceeding provide insufficient 
technical information that would allow the Commission to assess whether 
the airborne use of cellular phones may occur without causing harmful 
interference to terrestrial networks. Similarly, the December 2006 RTCA 
report does not provide data that would allow the Commission to 
evaluate the potential for interference between PED operations onboard 
airplanes and terrestrial-based wireless systems. Further, because it 
appears that airlines, manufacturers, and wireless providers are still 
researching the use of cell phones and other PEDs onboard aircraft, the 
Commission does not believe that seeking further comment at this 
juncture will provide the necessary technical information in the near 
term. Accordingly, the Commission concludes that this proceeding should 
be terminated. The Commission may, however, reconsider this issue in 
the future if appropriate technical data is available for its review.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E7-7791 Filed 4-24-07; 8:45 am]
BILLING CODE 6712-01-P


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