|
On Sun, 13 Nov 2005 16:13:19 GMT, "Jim" <n144hr@earthlink.net> wrote:
:Did the FCC relax their rules about using cel phones in aircraft or was that
:a crock? I talked to a guy that related a first hand account of a person
:getting a $250 fine for calling his wife from his plane. I know a pilot who
:uses his cel phone thru his headset but he had to buy a new headset
:(Lightspeed I think). He hasn't had any legal hassles so...........
:
:jim
Here are the real, actual rules about using cell phones from airplanes
======================
The use of cellular telephones in airplanes is regulated by both the
FCC and the FAA. The applicable code sections are:
FCC: Sec. 22.925 Subpart H Cellular Radiotelephone Service
Prohibition on airborne operation of cellular telephones.
Cellular telephones installed in or carried aboard airplanes,
balloons or any other type of aircraft must not be operated while such
aircraft are airborne (not touching the ground). When any aircraft
leaves the ground, all cellular telephones on board that aircraft must
be turned off. The following notice must be posted on or near each
cellular telephone installed in any aircraft: ``The use of cellular
telephones while this aircraft is airborne is prohibited by FCC
rules, and the violation of this rule could result in suspension of
service and/or a fine. The use of cellular telephones while this
aircraft is on the ground is subject to FAA regulations.
There is an exception made specifically for "Air Cell" service, and I
have a bunch of supporting material on that. Basically, It uses AMPS
frequencies and (modified) AMPS equipment (including FCC-definition
"cellular telephones"). Power output is reduced and
horizontally-polarized antennas are used. The license is limited both
in extent (it can only support a couple of hundred users nationwide at
any one time) and duration (it's being renewed a couple of years at a
time.)
The FAA supports this rule with FARs 91.21, 121.306, and 135.144
(Portable electronic devices.) The three sections are identical, 91
applies to general aviation, 121 to airlines and 135 to commuters.
The 121 section reads:
Sec. 121.306 Portable electronic devices.
(a) Except as provided in paragraph (b) of this section, no person may
operate, nor may any operator or pilot in command of an aircraft allow
the operation of, any portable electronic device on any
U.S.-registered civil aircraft operating under this part.
(b) Paragraph (a) of this section does not apply to--
(1) Portable voice recorders;
(2) Hearing aids;
(3) Heart pacemakers;
(4) Electric shavers; or
(5) Any other portable electronic device that the part 119
certificate holder has determined will not cause interference with the
navigation or communication system of the aircraft on which it is to
be used.
In addition to the regulation we also have an Advisory Circular that
explains all this for general aviation. It's AC 91.21-1A (Use of
Portable Electronic Devices Aboard Aircraft). I have included it at the
end of this message. An AC does not carry the authority of a
regulation - it's recommendations on how to comply with an underlying
regulation. And in this case, the three FAR sections includes an
exception for all portable electronic devices that (b)5 "the part 119
certificate holder has determined will not cause interference with the
navigation or communication system of the aircraft on which it is to
be used."
Here's where it gets interesting.
According to the FCC, "cellular telephone" only refers to equipment
operating under Part 22. This includes not only analog (AMPS)
equipment but also digital service that AMPS providers provide. AMPS
providers have been authorized to provide digital service on the same
frequencies (824-849/869-894 MHz) under a blanket authorization that
only requires that they continue to provide AMPS service for some
unknown period.
Per my conversation with Mike Ferrante of the FCC's Wireless
Telecommunications Bureau Enforcement Division a couple of year ago,
PCS is a whole different ballgame. There is no airborne use
restriction (from the FCC) on PCS. The FCC has allocated 25MHz to PCS
and the industry is free to allow all or part of that to be used by
airborne customers. Narrowband PCS operates 901-902 MHz, 930-931 MHz,
and 940-941 MHz. PCS is covered under Part 24 of the FCC regulations,
which do not mention airplanes or airborne use at all. FAA regulations
and advisory circulars don't address PCS. They only refer to
cellular telephones (like AC 91.21-1A 7ii)
Therefore, under FAR 121.306 paragraph B5, if a part 119 or part 91
certificate holder wants to permit the use of PCS phones in their
aircraft, they are authorized to determine that the PCS phones do not
interfere with communications or navigation, and proceed.
As to the implications of this analysis for use of PCS devices in
aircraft flying under Part 91, I leave that to the reader.
USE OF PORTABLE ELECTRONIC
Date: 10/02/00
AC No: 91.21-1A
DEVICES ABOARD AIRCRAFT
Initiated by: AFS-330
Change:
_______________________________________
1. PURPOSE.
This advisory circular (AC) provides aircraft operators with
information and guidance for assistance in compliance to Title 14 of
the Code of Federal Regulations (14 CFR) part 91, section 91.21.
Section 91.21 was established because of the potential for portable
electronic devices (PED) to interfere with aircraft communications and
navigation equipment. It prohibits the operation of PED's aboard
U.S.-registered civil aircraft, operated by the holder of an air
carrier operating certificate, an operating certificate, or any other
aircraft while operating under instrument flight rules (IFR). This
rule permits use of specified PED's and other devices that the
operator of the aircraft has determined will not interfere with the
safe operation of the aircraft in which it is operated. The
recommendations contained herein are one means,
but not the only means, of complying with section 91.21 requirements,
pertaining to the operation of PED's.
2.
CANCELLATION.
AC 91.21-1, Use of Portable Electronic Devices Aboard Aircraft, dated
August 20, 1993, is canceled.
3.
RELATED 14 CFR SECTIONS.
Section 91.21, 121.306, 125.204, and 135.144.
4.
BACKGROUND.
Section 91.21 (formerly 91.19) was initially established in May 1961
to prohibit the operation of portable frequency-modulated radio
receivers aboard U.S. air carrier and U.S.-registered aircraft when
the very high frequency omnidirectional range was being used for
navigation purposes. The Federal Aviation Administration (FAA)
subsequently determined that other PED's could be potentially
hazardous to aircraft communication and navigation equipment, if
operated aboard aircraft. Amendment 91-35 amended the scope of former
section 91.19 to prohibit the use of additional PED's aboard certain
U.S. civil aircraft. Earlier studies conducted by RTCA, Inc. (RTCA),
Special Committee 156, Document No. RTCA/DO-199, Volumes 1 and 2,
entitled "Potential Interference to Aircraft Electronic Equipment from
Devices Carried Aboard," have contributed greatly to an understanding
of the operational effects of PED's aboard aircraft.
(See paragraph 7b for obtaining copies.)
5.
DISCUSSION.
Section 91.21 allows for the operation of PED's which the operator of
the aircraft has determined will not interfere with the navigation or
communication system of that aircraft. The determination of the effect
of a particular device on the navigation and communication system of
the aircraft on which it is to be used or operated must, in case of an
aircraft operated by the holder of an air carrier certificate or other
operating certificate, be made by that operator (i.e., certificate
holder). In all other cases, a determination must be made and it may
be made by the operator and/or the pilot-in-command (PIC). In some
cases, the determination may be based on operational tests conducted
by the operator without sophisticated testing equipment. When safely
at cruise altitude, the pilot could allow the devices to be operated.
If interference is experienced, the types of devices causing
interference could be isolated, along with the applicable conditions
recorded. The device responsible for the interference should then be
turned off. If all operators collect this type of data with specific
information, a large enough database could be generated to identify
specific devices
Page 2
10/02/00
AC 91.21-1A
Page 2
Par 5
causing interference. The operator may elect to obtain the services of
a person or facility having the capability of making the determination
for the particular electronic device and aircraft concerned. The rule
as adopted was drafted to require the air carrier or commercial
operator to determine whether a particular PED will cause interference
when operated aboard its aircraft. Personnel specifically designated
by the air carrier or commercial operator for this purpose may make
this determination. For other aircraft, the language of the rule
expressly permits the determination to be made by the PIC or operators
of the aircraft. Thus, in the case of rental aircraft, the
renter-pilot, lessee, or owner-operator could make the determination.
6.
RECOMMENDED PROCEDURES FOR THE OPERATION OF PED's ABOARD AIRCRAFT.
a.
If an operator allows the use of PED's aboard its aircraft, procedures
should be established and spelled out clearly to control their use
during passenger-carrying operations. The procedures, when used in
conjunction with an operator's program, should provide the following:
(1) Methods to inform passengers of permissible times, conditions, and
limitations when various PED's may be used. This may be accomplished
through the departure briefing, passenger information cards, captain's
announcement, and other methods deemed appropriate by the operator.
The limitations, as a minimum, should state that use of all such
devices (except certain inaccessible medical electronic devices, such
as pacemakers) are prohibited during any phase of operation when their
use could interfere with the communication or navigation equipment on
board the aircraft or the ability of the flightcrew to give necessary
instructions in the event of an emergency.
(2) Procedures to terminate the operation of PED's suspected of
causing interference with aircraft systems.
(3) Procedures for reporting instances of suspected and confirmed
interferences by a PED to the local FAA Flight Standards District
Office.
(4) Cockpit to cabin coordination and cockpit flightcrew monitoring
procedures.
(5) Procedures for determining acceptability of those portable
electronic components to be operated aboard its aircraft. The operator
of the aircraft must make the determination of the effects of a
particular PED on the navigation and communication systems of the
aircraft on which it is to be operated. The operation of a PED is
prohibited, unless the device is specifically listed in section
91.21(b) (1) through (4). But, even if the device is specifically
accepted from the general prohibition on the use of PED's, an operator
may prohibit use of that PED. The use of all other PED's is prohibited
by regulation, unless pursuant to section 91.21(b)(5). The operator
determines that the operation of that device will not interfere with
the communication or navigation system of the aircraft on which it is
to be operated.
(6) Prohibiting the operation of any PED's during the takeoff and
landing phases of flight. It must be recognized that the potential for
personal injury to passengers is a paramount consideration as well as
the possibility of missing important safety announcements during these
important phases of flight. This is in addition to lessening the
possible interference that may arise during sterile cockpit operations
(below 10,000 feet).
Page 3
AC 91.21-1A
10/02/00
Par 6
Page 3
(7) Prohibiting the operation of any PED's aboard aircraft, unless
otherwise authorized, which are classified as intentional radiators or
transmitters. These devices include, but are not limited to:
(i) Citizens band radios.
(ii) Cellular telephones.
(iii) Remote control devices.
b.
PED's designed to transmit have consideration in addition to paragraph
6a. There are certain devices, which by their nature and design,
transmit intentionally. These include cellular telephones, citizens
band radios, remote control devices, etc. The Federal Communications
Commission (FCC) typically licenses these devices as land mobile
devices. The FCC currently prohibits the use and operation of cellular
telephones while airborne. Its primary concern is that a cellular
telephone, while used airborne, would have a much greater transmitting
range than a land mobile unit. This could result in serious
interference to transmissions at other cell locations since the system
uses the same frequency several times within a market. Since a
cellular mobile telephone unit is capable of operating on all
assignable cellular frequencies, serious interference may also occur
to cellular systems in adjacent markets. The FAA supports this
airborne restriction for reasons of potential interference to critical
aircraft systems. Currently, the FAA does not prohibit use of cellular
telephones in aircraft while on the ground if the operator has
determined that they will not interfere with the navigation or
communication system of the aircraft on which they are to be used. An
example might be their use at the gate or during an extended wait on
the ground, while awaiting a gate, when specifically authorized by the
captain. A cellular telephone will not be authorized for use while the
aircraft is being taxied for departure after leaving the gate. The
unit will be turned off and properly stowed, otherwise it is possible
that a signal from a ground cell could activate it. Whatever
procedures an operator elects to adopt should be clearly spelled out
in oral departure briefings and by written material provided to each
passenger to avoid passenger confusion.
c.
Telephones, which have been permanently installed in the aircraft, are
licensed as air-ground radiotelephone service frequencies. In
addition, they are installed and tested in accordance with the
appropriate certification and airworthiness standards. These devices
are not considered PED's provided they have been installed and tested
by an FAA-approved repair station or an air carrier's-approved
maintenance organization and are licensed by the FCC as air-ground
units.
7.
MANUFACTURERS' TEST CRITERIA FOR PED's.
a.
Operators should use manufacturers' information, when provided, with
each device that informs the consumer of the conditions and
limitations associated with its use aboard aircraft.
b.
All portable electronic devices should be designed and tested in
accordance with appropriate emission control standards. Document Nos.
RTCA/DO-160D, Environmental Conditions and Test Procedures for
Airborne Equipment, and RTCA/DO-199, may constitute one acceptable
method for meeting these requirements. These documents may be
purchased from: RTCA Secretariat, 1140 Connecticut Avenue, NW, Suite
1020, Washington, DC 20036.
c.
Medical-Portable Electronic Devices (M-PED), such as automated
external defibrillators (AED), airborne patient medical telemonitoring
(APMT) equipment, etc., should be designed and tested in accordance
with Section 21, Category M, of RTCA document No. RTCA/DO-160D.
M-PED's that test within the emission levels contained in this
document, in all modes of operation (i.e., standby, monitor, and/or
transient operating conditions, as appropriate), may be used onboard
the aircraft without any further testing by the operator. Equipment
tested and found to exceed the Section 21, Category M, emission levels
are required to
Page 4
10/02/00
AC 91.21-1A
Page 4
Par 7
be evaluated in the operator's M-PED selected model aircraft for
electromagnetic interference (EMI) and radio frequency interference
(RFI). All navigation, communication, engine, and flight control
systems will be operating in the selected aircraft. The ground EMI/RFI
evaluation should be conducted with the M-PED equipment operating, and
at the various locations in the cabin where M-PED usage is expected
(galley, passenger aisles, etc.). If M-PED equipment can be operated
at any location in the cabin, then the worst-case locations (proximity
to cable bundles, flight controls, electronic and electrical bays,
antennas, etc.) should be considered. Air carriers planning to equip
their aircraft with M-PED's will provide evidence to the principal FAA
inspector that the M-PED equipment meets the RTCA/DO-160D Section 21,
Category M, emission levels, or conducts the ground EMI/RFI evaluation
described above. Operators will incorporate procedures into their
maintenance program to determine the M-PED's serviceability based on
the equipment manufacturers' recommendations, to include procedures
for marking the date of the equipment's last inspection. Operators
will establish operational procedures that require crewmembers to
inform the PIC when the M-PED is removed from its storage for use.
NOTE: For those M-PED's using Lithium Sulfur Dioxide batteries (LiSO
2) as a power source, the batteries must be Technical Standard Order
C-97 (TSO-C97) approved and labeled accordingly.
/s/
L. Nicholas Lacey
Director, Flight Standards Service
|
|
Re: Sefty Cell
