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April 14 2006

Ofcom manages the civil radio spectrum in the UK. Its duties include securing the optimal use of the electromagnetic spectrum, while having regard to the desirability of promoting competition and the development of innovative services.

Ofcom has been approached by stakeholders from the avionic and telecommunications sectors suggesting that it should review the wireless telegraphy licensing regime in order to permit the provision and use of mobile services on aircraft. There are a number of legal, regulatory and technical issues within Ofcom’s responsibilities which need to be considered and resolved: this paper opens the discussion among stakeholders about these.

However there are a number of other issues, outside Ofcom’s field of responsibility, which must be dealt with before any such services could be provided. Aircraft safety is of primary importance, and ensuring that this is in no way compromised is the responsibility of the Civil Aviation Authority. The human dimension of ensuring passenger safety and welfare is also the responsibility of the CAA. The proposed services would have to satisfy the CAA’s requirements before they could be introduced. Finally, if such services were permitted, it would be a commercial decision for airlines whether to offer them or not, taking into account the needs and preferences of their customers.

This paper covers only the issues relevant to Ofcom’s area of responsibility; and focuses exclusively on the specific issues raised by mobile services on aircraft. Its purpose is to generate discussion and invite comment on the issues identified by Ofcom at this stage as being relevant to such services.

Ofcom has been working with colleagues from other European countries towards a common approach to these issues and expects the consideration of the many complex issues raised to be completed within a reasonable timescale. Ofcom therefore believes that it is timely to publish this discussion paper and to seek comment from stakeholders and other interested parties. This paper is not intended to constitute a formal consultation.

The key issues addressed by the paper are of a technical, regulatory and licensing nature.

Regulatory issues raised in the paper are:

• the territorial jurisdiction of Ofcom and other National Regulatory Agencies over airborne systems;
• the legal status of the proposed Network Control Unit under the R&TTE Directive;
• the status of airborne services under the Authorisation Directive;
• the protection of other services from interference
• the regulation of the backhaul from aircraft to ground;
• the arrangements for managing the systems in the air;
• access to numbering resources;
• the range of technologies covered by the current European work.

The main technical issue raised is how to ensure that airborne systems do not create harmful interference to terrestrial systems.

Licensing issues raised are:

• the options for authorising such systems; and
• who should hold such authorisations.

The ubiquity of GSM technology in Europe leads proponents of airborne mobile services to favour 1800 MHz GSM for the initial service. The legal, regulatory and licensing options covered by this paper may also be applicable to other mobile communication standards in due course; although some of the technical details will need to be re-worked in the context of those other standards.

Ofcom looks forward to learning the views of stakeholders on these topics or any others which they believe are relevant to the regulation of airborne systems. Ofcom will provide further opportunities for discussion with stakeholders: the outputs from these and from the European groups working in this area will inform Ofcom in developing specific proposals which will be issued for consultation at a later stage.

The CAA and other regulatory bodies will consider separately the safety and other issues raised by the proposed services. The introduction into use of any services cannot be contemplated until the requirements of those bodies have been satisfied.

The full document is available below:

• Mobile Services on Aircraft