I did some searching, and it seems like private pilots use their cell phones while flying quite a bit. I haven't found someone posting that they got in trouble with fcc for doing so.
I'd say that given the altitudes most of us fly at and the extremely short duration of the flight, the fcc will never know or care.
look at it this way: a 1000' flight isn't any different than being at the top of a 100 story sky scraper. how many cell towers do you think your phone can reach at the top of the stratosphere in vegas? is there a sign telling you to shut your phone off while up there? There wasn't one when I was up there a few years ago.
It might be best if you keep your civil disobedience to private launches. (but please do let us know how it works!!)
Even that's not good -- talking about it publicly just makes it more likely that someone will find out.
It's best if we, as a hobby, just don't even talk about it. All we're doing is putting ourselves at risk of more oversight.
-Kevin
The FAA supports the FCC ban, but appears not to have any relevant regulation of its own, that I could find.
14 CFR 91.21: § 91.21 Portable electronic devices.
(a) Except as provided in paragraph (b) of this section, no person may operate, nor may any operator or pilot in command of an aircraft allow the operation of, any portable electronic device on any of the following U.S.-registered civil aircraft:
(1) Aircraft operated by a holder of an air carrier operating certificate or an operating certificate; or
(2) Any other aircraft while it is operated under IFR.
(b) Paragraph (a) of this section does not apply to—
(1) Portable voice recorders;
(2) Hearing aids;
(3) Heart pacemakers;
(4) Electric shavers; or
(5) Any other portable electronic device that the operator of the aircraft has determined will not cause interference with the navigation or communication system of the aircraft on which it is to be used.
(c) In the case of an aircraft operated by a holder of an air carrier operating certificate or an operating certificate, the determination required by paragraph (b)(5) of this section shall be made by that operator of the aircraft on which the particular device is to be used. In the case of other aircraft, the determination may be made by the pilot in command or other operator of the aircraft.
Let me be the first to admit that I am not an attorney. In my humble opinion from reading this regulation is; 1.we are not an aircraft operated by a holder of an air carrier operating certificate or an operating certificate; or (2) Any other aircraft while it is operated under Instrument Flight Regulations, and when including part (5) Any other portable electronic device that the operator of the aircraft has determined will not cause interference with the navigation or communication system of the aircraft on which it is to be used, we do not qualify or appear to be regulated by those statements, so it is concluded that this regulation does not apply to us. I also freely admit I am not familiar with the FCC regulations in regards to using cell phones in aircraft, so the final answer still escapes me. There, you have my two cents, and you will not have to put up with me again till after Thanksgiving, which I hope all of you have a blessed one.
Well, there it is right from the horse's (FAA's) mouth. The regulation applies only to civil aircraft, and it doesn't even apply to aircraft running under VFR. If you're cruising your Cessna 152 at 5000' on a beautiful clear day under VFR, you are free to pull out your cell phone and call your mother. Model rockets, RC aircraft, and for that matter, weather balloons, are not covered by this regulation and are therefore exempt from it. No court interpretation is necessary, the wording and purpose of the regulation are very clear. It's to prevent interference with aircraft instrumentation by personal electronic devices.
Thare are already published articles about people launching cell phones for various purposes, I doubt that the publishers would publish something that might get them in trouble.
Bob... I would disagree that it is clear how to apply this regulation to our hobby. While it is written relatively clearly for a federal regulation, ambiguity remains. One issue is how the FCC defines "aircraft," which they do not do explicitly in this regulation. If you have seen it defined by the FCC elsewhere, please share, because that will clarify this immensely. It seems obvious to me that this regulation is intended to apply to cell phones on passenger flights. Applying it to rockets would introduce some absurdity (but this wouldn't be the first time a regulation did so). If I were to fly my smartphone with the radio disabled, for the purpose of other data collection, this regulation suggests that I must install this notice on my rocket:Title 47: Telecommunication
PART 22PUBLIC MOBILE SERVICES
Subpart HCellular Radiotelephone Service
§ 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 while this aircraft is on the ground is subject to FAA regulations.
This is one of the clearest Federal regulations that you will find. You do not have to be a lawyer to interpret it as it is written in plain English.
1. By definition a rocket is an aircraft because it operates above the ground.
2. The is a FCC regulation, not a FAA regulation.
3. It is a civil offense, not a criminal offense. The regulation stated you can have your cell phone service suspended and you can be fined for violating this requlation, but you will not be sent to jail for violating this regualtion.
4. Unless you caused a big problem, the FCC is unlikely to enforce the regulation for hobby baloon or rocket flights as the cost of the enforcement process is likely to exceed the revenue derived from the collection of the fine.
Your last comment is irrelevant. What do the publishers have to do with it? They are simply dropping the dime and reporting the violation. They are not liable for anything.
Bob
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 while this aircraft is on the ground is subject to FAA regulations.
§ 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).
What is ambigious about this sentence?
Also below are some talking points from the FCC. They are based on the requirement of non-interference with other communication networks.
https://www.fcc.gov/guides/wireless-devices-airplanes
https://www.fcc.gov/topic/wireless
https://www.fcc.gov/topic/3g-4g-wireless
https://www.fcc.gov/topic/interference
https://www.fcc.gov/encyclopedia/interference
https://www.fcc.gov/guides/interference-defining-source
It's clear where the FCC stands on this issue. We can agree to disagree. This is my last post on this subject in this thread.
Bob
For the cost of an iPhone, you could have a dedicated piece of hardware for rocket flight (and if you look around, will control your parachutes, too) AND your HAM call sign to make everything unambiguously legal. I mean, Steve Jobs was cool and all, but there ain't no app for that.
Later!
--Coop
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