Telstra predicts monopoly in the skies

ACMA today amended the Mobile Phone Jammer Prohibition in a step towards in-flight mobile phone services in Australian airspace.

The Prohibition basically outlaws selling, using or possessing mobile phone jamming equipment.  Today’s amendment creates an exception for devices that will lock mobiles on aircraft out of the standard GSM range and force them to use a transmission relay service installed in the plane.

Telstra agrees that in-flight calls would be a good thing, but reckons the new law does little but create a service monopoly for the operators of Cellular RF Management Units (CRFMUs) that force handsets to roam onto mini-mobile phone cells in the skies, and risks waves of call drop outs on the ground as aircraft fly over terrestrial GSM towers.

The Jammer Prohibition

Fully titled ‘Notification that the Australian Communications and Media Authority prohibits the operation or supply, or possession for the purpose of operation or supply, of specified devices’, the Jammer Prohibition is made under section 190 of the Radiocommunications Act 1992.

Its main provision is not much longer than its title:

Notice is given that the Australian Communications Authority (the Authority) declares that the operation or supply, or possession for the purpose of operation or supply, of a device designed to operate within the frequency bands 870 960 MHz or 825 845 MHz and to interfere with radiocommunications or disrupt or disturb radiocommunications, is prohibited.

Today’s amendment

The Amendment Declaration amends the Mobile Phone Jammer Prohibition to create an exemption allowing for the operation of a device if:

1. the device is designed to facilitate a cellular mobile telephone service onboard an aircraft operating within another frequency; and
2. the device is operated for that purpose.

So we can call mobile from the air now ?

No, this is just one step in a legal framework that will make it possible.  A licensing regime for the new transmission relay service will next need to be developed, possibly with a public consultation phase.

Despite the variation, in-flight mobile phone services cannot be provided in Australia unless the ACMA also establishes appropriate radiocommunications licensing arrangements. However, the variation will allow airlines and their service providers to undertake further development work related to the provision of in-flight mobile phone services.

But Telstra reckons the amendment is an anti-competitive set up

According to Telstra’s submissions to ACMA:

• Mobile services on planes can work perfectly well by connecting to existing land-based GSM towers.
• CRFMUs won’t ‘facilitate’ calls in the sky. They’ll just block users from connecting to terrestrial cells on their home network and force them to roam onto the CRFMU-based service.
• So it’s an anti-competitive solution, with customers denied the choice of using their normal provider even if plenty of terrestrial signal is available.
• It might even breach the Trade Practices Act.
• Telstra can’t see how there’s a safety issue. If interference with aircraft systems by a relatively broad spectrum CRFMU is safe, so must the much narrower transmission footprint of a single GSM handset.
• CRFMUs should be switched off in Australian airspace below 6,000 metres, where there will be plenty of conventional terrestrial service available.
• Aircraft overhead may cause ‘a wave of dropped terrestrial calls’ as the on-board RFCMU does its work of signal jamming.
• There’s potential for ‘customer outrage with incurring higher international call rates due to routing via [an exclusive on-board provider] while still within Australia.’

Not everyone’s looking forward to new services

Several submissions to ACMA cheered the idea of in-flight telephony, at least in principle.  But the consultation phase drew sighs as well.  Spare a thought for this unhappy traveler:

Dear Sir/Madam,

I am firmly against the proposed amendments under section 191 of the Radiocommunications Act 1992.

Flying can already be a nightmarish experience in an enclosed space with babies crying, drunks talking loudly and falling on you, obese people squeezing up against you, numb legs, etc, etc. To add to this mix the ability for inconsiderate people to be talking loudly and rudely on their phones about their business deals, medical issues, overnight exploits, etc and not being able to get away from them would really make flying, especially long haul, even worse.

Please don’t approve this amendment.

Our take on it

Telstra may have a point.  The jury seems to be out on whether on-board use of mobiles is a safety risk.  If it isn’t, the case for a monopoly aircraft provider is hard to justify.

And after all, Telstra understands what monopolists can do to you.