OMG! Squawk 7600 Cleared to land. LOL!

mikea

mikea

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FIVE PEOPLE on a flight from Kerry to Jersey received mobile phone text instructions from a quick-thinking air traffic controller when he guided them in to a safe landing at Cork.

When he realised his problem the 39-year-old pilot, with four passengers on board, gained height and flew south. With a radio communications blackout on board, the pilot used his mobile phone to repeatedly try to establish contact with Kerry airport and then air traffic control at Cork.
...
Eventually he managed to contact Cork on his phone, telling them about his problem and his intention to approach the airport from the sea.

He then lost audio telephone contact but the air traffic controller switched to texting and told the pilot that he had a primary radar signal on the aircraft and that Cork would allow them to land there. He then used texts to guide the 30-year-old plane in. B)
...

http://www.irishtimes.com/newspaper/ireland/2008/0807/1218047756406.html
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The pilot was then cited for using a cellphone in the air... :D
 
mikea said:
The pilot was then cited for using a cellphone in the air... :D
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I know you are joking but the FAA and the FCC has little to say about what happens in Irish airspace.

But since this was an emergency, had it happened within US jurisdiction, both the FCC and FAA have the anything goes in an emergency clause. That means in the US if you loose comms and the only way to contact ATC is via the cellphone on 800MHz (prohibited while airborne according to part 22) then you are allowed to break the rules. BTW in the US cellphones are only prohibited in the air by the FCC if they are on the 800MHz band.
 
smigaldi said:
I know you are joking but the FAA and the FCC has little to say about what happens in Irish airspace.

But since this was an emergency, had it happened within US jurisdiction, both the FCC and FAA have the anything goes in an emergency clause. That means in the US if you loose comms and the only way to contact ATC is via the cellphone on 800MHz (prohibited while airborne according to part 22) then you are allowed to break the rules. BTW in the US cellphones are only prohibited in the air by the FCC if they are on the 800MHz band.
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Really? I believe you 'cause you da man, but is that documented in an FCC rule?

I thought the issue was all of the cell towers assigning a slot to listen to your phone, where with altitude towers over a wide area would hear you. How is that different on other frequencies? GSM doesn't work that way because the towers and the phone handshake and coordinate on the backbone which one has that phone?

The FAA also requires permission from the PIC.
 
mikea said:
Really? I believe you 'cause you da man, but is that documented in an FCC rule?
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I've researched this through the FCC regulations, and there is no emergency authorization in them like 91.3(b). However, despite several publicized cases in the US similar to the Irish case, I've never heard of the FCC going after a pilot for using a cell phone in flight after comm failure. I did, however, read about an airline passenger getting in trouble for calling 911 on his cell phone and reporting that the airliner he was in was about to crash when in fact nothing was wrong -- just a bit of weather-related turbulence.
 
jmaynard said:
It's in the Communications Act of 1934, which is the law that created the FCC.
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Thank you Jay, I was about to post that for Ron.

The best thing about it is that it allows you to use any licensed or unlicensed service for emergency communication even if you do not have the proper authorization.

An interesting case happened a few year back in California where a ham radio operator who had modified his ham VHF handheld contacted the sheriff's department on their frequency. The reason for the contact was to quickly get help for a life threatening emergency and there was no cell coverage. The sheriff did respond, the life was saved and the ham was charged with interfering with the sheriff's department by the unlawful use of a police radio. The FCC did intervene and the charges were dropped. The FCC even gave him a pass for not having the ham radio type approved for use on the police band if he promised to unmodify it.
 
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mikea said:
Really? I believe you 'cause you da man, but is that documented in an FCC rule?
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I wrote it.

[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR22.925]

[Page 95]

TITLE 47--TELECOMMUNICATION

CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)

PART 22_PUBLIC MOBILE SERVICES--Table of Contents

Subpart H_Cellular Radiotelephone Service

Sec. 22.925 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
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The reason I also said specifically 800MHz cellular is that part 22 is only
for that band. The PCS banded stuff up at 1.9GHz is out of scope and covered by part 24
while this aircraft is on the ground is subject to FAA regulations.''




[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR22.905]

[Page 89-90]

TITLE 47--TELECOMMUNICATION

CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)

PART 22_PUBLIC MOBILE SERVICES--Table of Contents

Subpart H_Cellular Radiotelephone Service

Sec. 22.905 Channels for cellular service.

The following frequency bands are allocated for assignment to
service providers in the Cellular Radiotelephone Service.

[[Page 90]]

(a) Channel Block A: 869-880 MHz paired with 824-835 MHz, and 890-
891.5 MHz paired with 845-846.5 MHz.
(b) Channel Block B: 880-890 MHz paired with 835-845 MHz, and 891.5-
894 MHz paired with 846.5-849 MHz.[67 FR 77191, Dec. 17, 2002]
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mikea said:
I thought the issue was all of the cell towers assigning a slot to
listen to your phone, where with altitude towers over a wide area would
hear you. How is that different on other frequencies? GSM doesn't work
that way because the towers and the phone handshake and coordinate on
the backbone which one has that phone?
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There are system desing issues that alos make it really to make it all work together too.
That problems rears it's head in tall buildings too.

There it one company that is operating under a waiver from the FCC
to provide airborne cellular service. They do have a system designed to optimize airborne use of the cellphone.
THEIR CELLPHONE.

mikea said:
The FAA also requires permission from the PIC.
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yep
 
I don't believe it's specifically in 47 USC.

There is a provision in 47 CFR 2.405 (general FCC rules that apply to all services) that is close:

PART 2_FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND
REGULATIONS--Table of Contents

Subpart E_Distress, Disaster, and Emergency Communications

Sec. 2.405 Operation during emergency.

The licensee of any station (except amateur, standard broadcast, FM
broadcast, noncommercial educational FM broadcast, or television
broadcast)
may, during a period of emergency in which normal communication
facilities are disrupted as a result of hurricane, flood, earthquake, or
similar disaster, utilize such station for emergency communication
service in communicating in a manner other than that specified in the
instrument of authorization: Provided:
(a) That as soon as possible after the beginning of such emergency
use, notice be sent to the Commission at Washington, D.C., and to the
Engineer in Charge of the district in which the station is located,
stating the nature of the emergency and the use to which the station is
being put, and
(b) That the emergency use of the station shall be discontinued as
soon as substantially normal communication facilities are again
available, and
(c) That the Commission at Washington, D.C., and the Engineer in
Charge shall be notified immediately when such special use of the
station is terminated: Provided further,
(d) That in no event shall any station engage in emergency
transmission on frequencies other than, or with power in excess of, that
specified in the instrument of authorization or as otherwise expressly
provided by the Commission, or by law: And provided further,
(e) That any such emergency communication undertaken under this
section shall terminate upon order of the Commission.

Note: Part 73 of this chapter contains provisions governing
emergency operation of standard, FM, noncommercial educational FM, and
television broadcast stations. Part 97 of this chapter contains such
provisions for amateur stations.

[28 FR 13785, Dec. 18, 1963]
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wsuffa said:
I don't believe it's specifically in 47 USC.
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Hm. I'd always thought it was...but I can't find it either.

The quote from 47 CFR 2.405 is one provision; the corresponding rules from part 97 (the amateur radio rules) are another:

§97.403 Safety of life and protection of property.

No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.

§97.405 Station in distress.

(a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract attention, make known its condition and location, and obtain assistance.

(b) No provision of these rules prevents the use by a station, in the exceptional circumstances described in paragraph (a), of any means of radiocommunications at its disposal to assist a station in distress.
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Ron Levy said:
I already knew that, but was wondering where in the Act it said that.
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47 USC is the Act. 47 CFR is the rules & regs.

I used to know them like the back of my hand - it's been too long to cite chapter and verse without looking them up. And I've just been too busy.
 
I googled looking for something else. This came up. I found the dispute (and the information that I may have received interesting). It never got settled.
 
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