Airborne Mobile Set To Fly?

09 November 2007

Ofcom consultation

Passenger use of mobile phones on aircraft is moving closer.  In the latest development, Ofcom has launched a consultation on use of mobile communications on aircraft (MCA). Responses to the consultation are due by 30 November 2007.  Denton Wilde Sapte's Telecoms and Aviation groups have been advising clients on the emerging frameworks for MCA (and the outstanding issues to be addressed). 

The Ofcom consultation proposes licensing of radio equipment for MCA systems on UK aircraft under the Wireless Telegraphy Act 2006 (WTA). This would involve varying existing aircraft WTA licences on the request of UK aircraft operators, but would not involve extra fees.

A key aspect of the Ofcom paper is the proposed mutual recognition of MCA on aircraft from other EU Member States, provided they adhere to common EU technical and authorisation standards. This could help to promote a global regime for mutual recognition of authorisations, which would significantly simplify the use of MCA.

Ofcom makes it clear that its aim is to remove regulatory barriers to MCA and that future deregulation is possible if experience shows there is only a negligible risk of spectrum interference. However, Ofcom recognises the need for air safety approvals alongside the telecoms licences (ie both an airworthiness certificate allowing installation of approved equipment on specified aircraft, such as the certificate issued in June 2007 by the European Aviation Safety Agency for Airbus A318 aircraft, and operational approval from the relevant national aviation authority).

International issues

The progress towards permitting MCA is gathering momentum worldwide. In December 2006 the Electronic Communication Committee (ECC) published its "Decision on the harmonised use of airborne GSM systems in the frequency bands 1710-1785 and 1805-1880 MHz".  This Decision indicated that 48 European Conference of Postal and Telecommunications Administrations (CEPT) countries should allow the use (at heights above 3,000 metres) of equipment necessary to set up GSM 1800 MHz pico-cell systems to facilitate MCA. The European Commission is also considering whether to promote a spectrum harmonisation measure in line with that Decision.

Globally, the International Civil Aviation Organization (ICAO) has been reviewing the issues – while it does not consider that MCA falls within its regulatory competence, it has recently encouraged the adoption of a coordinated global framework. Working Group F of the ICAO Aeronautical Communications Panel met in Nairobi in September 2007 to progress these discussions.

Remaining challenges

The Ofcom paper is clearly a useful development for proponents of MCA, but a number of challenges remain. The ECC Decision allows national administrations to introduce added height or geographic conditions, hampering genuine harmonisation, and there is a risk that over-flown countries may require separate licensing. There are also concerns about "air rage" alongside issues about how to ensure that passengers switch off their mobile phones and PDAs when airborne GSM systems are not in use. And there are concerns about potential interference with air safety systems and terrestrial mobile networks.

Contacts

If you would like further information on this subject please get in touch with your usual contact or:

John Worthy,
Partner, T +44(0)20 7320 6354


Author/Editor