House Passes FAA Reauthorization Bill With Voice Cellphone Use Ban, Tower, UAV Language

The House passed the FAA Reauthorization Act (HR-302) Wednesday 398-23. The compromise bill, which the leaders of the House and Senate Commerce committees released over the weekend, recertifies the FAA for five years. It includes language clarifying how wireless towers should be marked to protect low-flying aircraft and several provisions aimed at unmanned aerial vehicle (UAV) systems. All covered towers would, within a year of enactment, be required to be “clearly marked consistent” with FAA 2015 guidance. The Wireless Infrastructure Association believes the language “will protect the safety of low-flying aviation without imposing burdensome regulations that would have impeded the deployment of next-generation 5G wireless services,” said Legislative Affairs Head Matt Mandel in a statement. HR-302 would direct the Department of Transportation to issue regulations banning “an individual on an aircraft from engaging in voice communications” using a cellphone or other mobile device during flight. Flight crews, flight attendants and law enforcement officers would be exempted for duty-specific voice communications. FCC Chairman Ajit Pai earlier pulled the plug on a long-running proceeding on relaxing rules on cellphone calls on commercial flights (see 1704100066). HR-302's UAV language in part clarifies the FAA's role in regulating recreational drones and directs further study about how to delineate the extent to which the agency can pre-empt state, local and tribal governments' ability to regulate UAVs. The FAA would be required to work with DOT and NTIA on privacy-related UAV issues. HR-302 also addresses the potential use of UAVs to attack a “covered facility or asset.” CTA believes the UAV language “helps clear the way for the FAA to implement beyond-line-of-sight, flight-over-people and nighttime drone operations, which our nation needs to fully realize the benefits of drone technology,” said President Gary Shapiro in a statement. The UAV “also outlines ways consumers may fly their drones responsibly without being grounded by unreasonable rules. The drone portion of this bill provides a boost of clarity and confidence to this growing sector of the tech industry.”