Retrofit - without delay!!
Props to the NYT "Opinion Writer" for mostly standing clear of the dispute about whether concerns of the air safety community are exaggerated or not. Still, a few observations are worth noting. First, a substantial brief with technical support has been pending on the FCC docket for months, trying to get the Commission to reconsider its prior determination. If "the science" (a phrase that ought to be taken out back and dispatched to its ancestors, for what science specifically ever is cited?) is so clear, would not FCC have issued a firm if not resounding affirmance of its earlier order?
And as NYT-Op-Wrtr says, or implies, who should the United States trust more about the safety of flight ops - the quite politicized FCC, or FAA? As to the latter, don't tell me that they're just backside covering after MAX - sure the FAA has got a blackeye from MAX but that holds zero (0) probative value on these issues. As to the former, well, heard of "net neutrality"? - kind of politicized, yes?
Even after all that, there's a big problem with "the timeline." So 5G as it is waiting in the wings to become operational (.... sorry) exposes the decades-old outdatedness of certain avionics systems and, relatedly, the roles played, the functions performed that is, by those systems in certain types of transport category aircraft. So the wireless folks and FCC argue, hey, you should have been ordered to retrofit. Just like that? Who pays? What about developing the standard to be met, when did that get to be done by fiat? And let's have a discussion about usefully pertinent case studies of previous FAA programmatic efforts to require retrofit of longstanding systems, by all means. Noise abatement and quieter engines, that might be a case study of relevance. And it certainly didn't happen quickly. Are there other past instances of FAA in effect requiring major segments of the nation's airliner fleets to be re-equipped in some substantial way? I'm really asking, not rhetorical only.... maybe there is a prior example that supports FCC's assertions here and if so, this SLF/atty wants to know what it is.
Not least, its's not like the pandemic is quite an opportune time to tell airlines to re-equip these systems.
Last, the major airline industry trade association seemed quite ready to haul FCC into federal district court. While it isn't something one is taught in law school, instinctive lawyerly thinking strongly suggests FCC would have been handed its.... hat, coat and keys by the court. If there are legal eagles out there (sorry, Larry K, talk-tv does not count) who disagree, let's hear from them.
Last edited by WillowRun 6-3; 22nd Jan 2022 at 18:06.
Reason: typos