Groups ask FCC to rule against BART's mobile phone shutdown

29.08.2011
The U.S. Federal Communications Commission should take swift action to rule against the Bay Area Rapid Transit (BART) District's recent decision to shut down mobile phone service during a planned protest, several digital rights groups said Monday.

in its subway system on Aug. 11, as a way to disrupt planned protests, violates the U.S. Communications Act and the First Amendment to the U.S. Constitution guaranteeing free speech, said the groups, including Public Knowledge, the Center for Democracy and Technology and the Electronic Frontier Foundation.

BART's actions also raise concerns about public safety, because mobile phone users on the BART system were not able to dial police or other emergency responders during the three-hour outage, said Sherwin Siy, deputy legal director at Public Knowledge.

"Unilateral action by law enforcement, however well intentioned, risks depriving the public of vital emergency communications at the worst possible moment," the groups said in a . "Because any impairment of [mobile service] impacts both critical issues of public safety and important principles of free expression, the Commission must act swiftly to clarify that local authorities may not turn off wireless networks before other local jurisdictions seek to replicate the actions of BART."

The emergency petition asks the FCC to rule immediately so that other government agencies don't try to copy BART's tactics. BART appears ready to shut down mobile phone service again for similar reasons, the groups said.

"The petition isn't really about punishing BART so much as making sure that this sort of problem won't arise in the future," Siy said. "We hope that the FCC will clarify for other local authorities around the country that shutting off cell service isn't just a bad idea, it's also against the law."