San Francisco area transit agency’s new cellphone policy would allow jamming in rare cases

The Bay Area Rapid Transit is authorizing police to turn off wireless communications in train stations, but only for extraordinary threats -- cases in which train passengers, employees or property are threatened or a substantial disruption to train service is possible.

Federal Communications Commission Chairman Julius Genachowski said, “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.”