The Department of Transportation is set to publish...

calls on aircraft constitute an unfair practice to consumers ... and/or are inconsistent with adequate air transportation ... and if so whether such calls should be banned or restricted (e.g., not allow voice calls at night time),” says the advanced NPRM (http://1.usa.gov/1l6pxUb). The notice says the FCC has responsibility for parts of the overall issue such as “whether cell phones or other mobile devices used during flight would interfere with cellular networks on the ground.” But it said DOT has broader oversight. The Federal Aviation Administration “has authority over safety issues” and DOT’s Office of the Secretary “has authority over aviation consumer protection issues,” the notice said. An advanced NPRM is the equivalent of an FCC notice of inquiry with an NPRM to follow. While the FCC released its own NPRM in December (http://bit.ly/1p2NiwM), the FCC alone cannot allow cellphone use in flight, the notice says. “Even if the FCC determines that cell phones or other mobile devices used during flight would not interfere with cellular networks and revises its ban, FAA safety regulations would still apply,” the notice said. “The FAA is responsible for determining whether cellular technology can safely be used on aircraft. Any installed equipment such as Airborne Access Systems would be subject to FAA certification, just like any other piece of hardware. In addition, the aircraft operator would have to determine that the use of this system will not interfere with the navigation and communications systems of the particular type of aircraft on which it will be used before any restrictions are lifted.”