Can Superman live stream from the sky?

We don’t know about that, but we can tell you what the law is for you to be able to do that. Internet facilities inside an airplane - a concept not many people may be aware of. Sceptics may ask: We are asked to turn off our devices to airplane mode or switch off. Is internet inside an airplane reality? Can usage of internet be safe? Are there rules? Who are these airlines that provide internet in their flights? Most importantly, how much will they charge us?

As lawyers, we can confidently answer the third question in the affirmative. But before we do, we are going to break down the mechanics (from what we have learnt from our online reading) of how offering internet services inside aircrafts is even possible.

Aircrafts are equipped with antennas that pick up signals from the nearest tower up-to a certain altitude, called air-to-ground (ATG) networks. Where an aircraft passes an area where there are no towers, they use satellite-to-air Wi-Fi systems, for receiving signals through satellites orbiting the earth. As regards its safety, in a blogpost on Norton's website, the anti-virus software provider, the author flags off the high risks involved.

As lawyers in India, we explore the local laws. In India, the Ministry of Civil Aviation and the Directorate General of Civil Aviation (“DGCA”), a statutory body to regulate civil aviation, play a pivotal role in provision of this in-flight internet services. In February of 2020 (https://egazette.gov.in/WriteReadData/2020/216483.pdf), the Ministry of Civil Aviation issued a notification allowing domestic airlines to provide internet facilities to its passengers through Wi-Fi on aircrafts.The said notification amended Rule 29B of the Aircraft Rules, 1937, which deals with prohibition on the use of portable electronic devices in aircrafts and introduced sub-section 3 which reads as follows:

“(3) Notwithstanding anything contained in sub-rule (1), the Pilot-in-Command may permit the access of internet services by passengers on board an aircraft in flight, through Wii-Fi on board, when laptop, smartphone, tablet, smartwatch, e-reader or a point of sale device is used in flight mode or airplane mode:

Provided that the Director-General shall certify the aircraft for usage of internet service in flight through Wi-Fi on board subject to the procedures as specified in this behalf”

It is pertinent to note that this amendment to Rule 29B of the Aircraft Rules, 1937, may have been the product of a consultation paper dated January 18, 2018, issued by the Telecom Regulatory Authority of India, on ‘Recommendations on Inter-Flight Connectivity’ ("Consultation Paper”) aspects of which were considered while the Ministry of Civil Aviation issued a notification for public comments in August of 2019. The Consultation Paper also examined views of stakeholders on ‘mobile communication on aircraft’ (“MCA”) services, and approved the provision of both, ‘in-flight connectivity’ (“IFC”) and MCA services on aircrafts.

Among other things, the Consultation Paper had also recommended that a separate category be created for such service providers and such service provides contract with a ‘Unified Licensee’ to provide in-flight internet services however after necessary registrations with the Department of Telecommunications and making a joint application with a ‘Unified Licensee’.

The DGCA had also issued detailed guidelines under Civil Aviation Requirements – Section 5 – Air Safety Series X Part I, on November 24, 2020 (“CAR”) applicable to all persons on board all Indian Civil Registered aircraft and to all Indian operators engaged in scheduled, non-scheduled and private operations.

Para 3.1 of the CAR prohibits use of any electronic device, which intentionally transmits radio signals like mobile/cellular phones, amateur radio transceivers, etc. at all times while on board an aircraft for the purpose of flight except when the doors are open. However, para 3.3, allows the pilot-in-command to permit the use of voice or data or both through Wi-Fi for internet services in non-transmitting mode, subject to certain conditions such as approval from the DGCA to use Wi-Fi on the aircraft, the aircraft’s portable electronic device tolerance, availability of voice or data or both through Wi-Fi available at a minimum of 3000 metres or 10,000 feet above departure/arrival elevation airfield, etc..

Aside specific technical measures, CAR also mandates certain security measures such as identifying safety hazards and managing associated risks for the use of internet services through Wi-Fi, emphasizing to the passengers the prohibition from using transmitting portable electronic devices, cabin crew making suitable announcements for compliance of this prohibition, etc..

However, there may not be many takers because of the high costs alluded to in an article in The Hindu. Internationally, over forty jurisdictions including the European Union (EU), Asia, and Australia, have authorized the use of mobile communications services on aircraft, the US Federal Communications Commission said in a report.

In conclusion, the introduction of in-flight connectivity services in the Indian regulatory sphere is a significant development. By providing a framework that appears to balance connectivity and security concerns. It aims to enhance the passenger experience while maintaining flight safety. With continued collaboration and review of the existing regulations, Indian airlines may successfully embrace and optimize in-flight connectivity services.

Authors: A. Sivabagyam and Gnaneshwar Rajan

Disclaimer: Views of the author are personal and do not constitute legal advice.