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FAA to keep cell-phone ban even if FCC lets them fly

WASHINGTON-The Federal Aviation Administration said its rules against the use of wireless devices while airborne will remain in place notwithstanding a proposal from the Federal Communications Commission to lift its ban on devices while in-flight.

“Let me be clear. Regardless of the FCC proceeding, the FAA’s rules will remain,” said Nicholas Sabatini, FAA associate administrator for aviation safety.

The FAA’s rules stem from the belief that wireless devices interfere with onboard aviation navigation tools, but Sabatini admitted that while there has been one documented case in Bosnia of this occurring, it has not occurred in the United States. “There is test data that indicates these devices would interfere with our systems,” he said.

Rep. John Mica (R-Fla.), chairman of the House Aviation subcommittee, did not seem convinced.

“I think we need to know whether it is safe. I have to be honest with you: I have left my cell phone on in my briefcase, and I didn’t discover that until I reached my destination. These planes are not dropping out of the sky because of my mistake,” said Mica.

Meanwhile law enforcement is using the FCC’s proposal to attempt to get more capabilities, including the ability to “interrupt, re-direct or terminate cell-phone calls,” said Laura Parsky, deputy assistant attorney general for the criminal division of the Department of Justice.

The Justice Department has asked the FCC to ensure that the Communications Assistance for Law Enforcement Act will remain effective during emergency situations, said Parsky.

“It is an unfortunate reality that some will use these devices for criminal and sometimes lethal purposes,” said Parsky. “There is a range of risks involved, and as there are new technologies developed, we are working with the carriers and the regulatory agencies to mitigate those risks.”

In the wake of the London mass-transit bombings, there was talk at the House aviation subcommittee hearing about using cell phones to detonate bombs while airborne. At least one member of the subcommittee doubted that lifting the airborne cell-phone ban would decrease the risk of mobile phones being used for this purpose.

“What makes us think that someone who is going to use his cell phone for harm will turn off a device just because someone tells them to turn it off?” asked Rep. Ted Poe (R-Texas).

“There is always a possibility that there can be a device carried onboard. That is why there is screening to keep these devices off aircraft,” replied Parsky.

But Rep. Peter DeFazio (D-Ore.) said the only way to ensure that mobile phones are not used to detonate bombs is to jam them.

“Can you use a cell phone to trigger an explosive device? Yes, we went through that in Iraq until we started jamming cell-phone signals,” said DeFazio.

The FCC in December proposed lifting the ban on wireless devices while in-flight. More than 7,000 comments have been filed with the commission regarding the proposal. Replies are due Aug. 11. One of the commenters was Rep. John Duncan (R-Tenn.), who said he told the FCC, “I hope we don’t lift this ban.”

Duncan is a member of the House Aviation subcommittee, which examined the impact of lifting the airborne cell-phone ban.

While there was a focus at the hearing on security, there also was quite a discussion about cell-phone etiquette and whether it would exist onboard aircraft.

“The association categorically rejects the notion that the use of cell phones onboard aircraft is an absolute necessity,” said Patricia Friend, international president of the Association of Flight Attendants.

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