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A harmonised approach will mean that licences will be granted for MCA services on EU registered aircraft which comply with common EU technical parameters. Equally importantly, licences granted for use of MCA services on aircraft registered in one member state will automatically be recognised by the regulatory authorities in other member states. In parallel, the Commission is harmonising the technical parameters of onboard equipment across member states.
These two measures smooth the path for EU registered airlines, who will need to comply with the telecoms regulations of just one member state, rather than concerning themselves with 27 or more regulatory regimes. The Commission intends to remove the regulatory obstacles and enable pan-European MCA services to be deployed quickly. However, this does not affect the need for air safety approvals. Interestingly, when announcing the new regime, Viviane Reding, the EU's Telecoms Commissioner, warned operators and airlines to take steps to avoid mobile users disturbing other passengers. She also highlighted her interest in encouraging transparent pricing for MCA services.
Latest UK position
Late last month, Ofcom gave the green light for the licensing of MCA systems in the UK. Ofcom will implement, as soon as practicable, the licensing of MCA systems on UK registered aircraft. It also supported mutual recognition of EU registered aircraft which meet the common technical parameters. From a consumer point of view, Ofcom intends to speak to mobile operators and airlines to ensure that passengers are made aware of the costs of making calls on board aircraft, which are likely to be higher than land-based calls.
Like the Commission, Ofcom made it clear that it is concerned solely with telecoms licensing. The parallel air safety issues and passenger concerns about disburbance are being dealt with by the UK Civil Aviation Authority (CAA) and the European Aviation Safety Agency (EASA).
Global dimension
The EU's harmonisation and mutual recognition initiatives should help to encourage a smooth implementation of MCA services in Europe, but outside the frontiers of EU airspace, it is a different story. Many other jurisdictions have been wrestling with the challenges of MCA. This is an issue for EU registered aircraft once they leave EU airspace and, of course, for aircraft registered outside the EU. Significantly, aircraft registered outside the EU will be exempt from authorisation within the EU, provided that they meet the EU technical standards and are registered in accordance with the ITU rules.
The air safety authorities continue to review the technical and human factors relating to MCA. Most recently, on 8 April, the EASA announced that it will be working together with the US Federal Aviation Administration (FAA) and Transport Canada Civil Aviation (TCCA) to exchange experience and agree on rules of common interest in order to avoid duplication of work.
What next?
The EU moves show that the Commission is willing to set the pace and may now prompt other states to adopt a broader international regime. A global solution would of course also need to cover airworthiness certificates, operational procedures and the challenges highlighted in Denton Wilde Sapte's newsflash of 9 November 2007. While there is some way to go before a comprehensive solution is achieved, the EU and Ofcom have taken a significant step forward.
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