Julius Genachowski, FCC: BART Wireless Service Interruption Policy to be Reviewed

December 5, 2011

BART’s new cell phone policy sets a standard of “extraordinary circumstances” when cell phone service could be temporarily interrupted. The policy, adopted by the BART Board of Directors today by unanimous vote states a temporary interruption could be implemented only when BART “…determines that there is strong evidence of imminent unlawful activity that threatens the safety of District passengers, employees and other members of the public…”

The policy cites examples such as “…evidence of use of cell phones as instrumentalities in explosives; to facilitate violent criminal activity or endanger District passengers…”

“The intent of this cell phone interruption policy is to balance free speech rights with legitimate public safety concerns,” BART Board President Bob Franklin said. “This policy, with input from the Federal Communications Commission, and the American Civil Liberties Union, will serve as a pioneering model for our nation, as a reference to other public agencies that will inevitably face similar dilemmas in the future. “

The policy adopted today was revised to reflect concerns raised by Board members when an earlier draft version was considered by the Board at its November 3, 2011 meeting. The revised policy requires the establishment of an operational procedure approved by the General Manager rather than granting the decision solely to the G.M. It also requires BART to promptly report cell phone service interruptions to “first responders and the Board of Directors.”

The policy takes effect immediately.

Download the Cell Service Interruption Policy PDF

FCC Chairman Julius Genachowski issued the following statement:

“Today BART took an important step in responding to legitimate concerns raised by its August 11, 2011 interruption of wireless service. As the policy BART adopted recognizes, communications networks that are open and available are critical to our democracy and economy.

The FCC is dedicated to preserving the availability and openness of communications networks.It is also committed to ensuring that communications technologies are harnessed to protect the public, and that first responders and other public safety officers have the tools they need for their important work. For interruption of communications service to be permissible or advisable, it must clear a high substantive and procedural bar.

The legal and policy issues raised by the type of wireless service interruption at issue here are significant and complex. I have asked Commission staff to review these critical issues and consider the constraints that the Communications Act, First Amendment, and other laws and policies place upon potential service interruptions. We will soon announce an open, public process to provide guidance on these issues.”